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2014 - 2019

EUROPEAN PARLIAMENT

TEXTS ADOPTED
at the sitting of
Wednesday
11 February 2015

P8_TA-PROV(2015)02-11

EN

PROVISIONAL EDITION

United in diversity

PE 537.666

CONTENTS
TEXTS ADOPTED

P8_TA-PROV(2015)0015
Safeguard measures provided for in the Agreement with Iceland ***I
(A8-0031/2014 - Rapporteur: Andrzej Duda)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
regulation of the European Parliament and of the Council on the safeguard measures
provided for in the Agreement between the European Economic Community and the
Republic of Iceland (codified text) (COM(2014)0308 C8-0011/2014
2014/0160(COD))..........................................................................................................................
P8_TA-PROV(2015)0016
Measures following a report adopted by the WTO Dispute Settlement Body concerning
anti-dumping and anti-subsidy matters ***I
(A8-0033/2014 - Rapporteur: Andrzej Duda)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
regulation of the European Parliament and of the Council on the measures that the Union
may take following a report adopted by the WTO Dispute Settlement Body concerning
anti-dumping and anti-subsidy matters (codified text) (COM(2014)0317 C8-0017/2014
2014/0163(COD)).....................................................................................................................
P8_TA-PROV(2015)0017
Combined effect of anti-dumping or anti-subsidy measures with safeguard measures ***I
(A8-0032/2014 - Rapporteur: Andrzej Duda)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
regulation of the European Parliament and of the Council on measures that the Union may
take in relation to the combined effect of anti-dumping and anti-subsidy measures with
safeguard measures (codified text) (COM(2014)0318 C8-0016/2014
2014/0164(COD))........................................................................................................................
P8_TA-PROV(2015)0018
Common rules for imports ***I
(A8-0040/2014 - Rapporteur: Andrzej Duda)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
regulation of the European Parliament and of the Council on common rules for imports
(codified text) (COM(2014)0321 C8-0012/2014 2014/0166(COD))....................................
P8_TA-PROV(2015)0019
Common rules for exports ***I
(A8-0035/2014 - Rapporteur: Andrzej Duda)

PE 537.666\ I

European Parliament legislative resolution of 11 February 2015 on the proposal for a


regulation of the European Parliament and of the Council on common rules for exports
(codified text) (COM(2014)0322 C8-0013/2014 2014/0167(COD))....................................
P8_TA-PROV(2015)0020
The accession of Gabon to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction *
(A8-0007/2015 - Rapporteur: Heidi Hautala)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Gabon to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0904 C8-0263/2014
2011/0441(NLE)).......................................................................................................................
P8_TA-PROV(2015)0021
The accession of Andorra to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction *
(A8-0004/2015 - Rapporteur: Heidi Hautala)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Andorra to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0908 C8-0264/2014
2011/0443(NLE)).......................................................................................................................
P8_TA-PROV(2015)0022
The accession of Seychelles to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction *
(A8-0006/2015 - Rapporteur: Heidi Hautala)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Seychelles to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0909 C8-0265/2014
2011/0444(NLE)).......................................................................................................................
P8_TA-PROV(2015)0023
The accession of the Russian Federation to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction *
(A8-0008/2015 - Rapporteur: Heidi Hautala)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of the Russian Federation to the 1980 Hague
Convention on the Civil Aspects of International Child Abduction (COM(2011)0911
C8-0266/2014 2011/0447(NLE))............................................................................................
P8_TA-PROV(2015)0024
The accession of Albania to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction *
(A8-0002/2015 - Rapporteur: Heidi Hautala)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Albania to the 1980 Hague Convention on the
II /PE 537.666

EN

Civil Aspects of International Child Abduction (COM(2011)0912 C8-0262/2014


2011/0448(NLE)).......................................................................................................................
P8_TA-PROV(2015)0025
The accession of Singapore to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction *
(A8-0003/2015 - Rapporteur: Heidi Hautala)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Singapore to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0915 C8-0267/2014
2011/0450(NLE)).......................................................................................................................
P8_TA-PROV(2015)0026
The accession of Morocco to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction *
(A8-0005/2015 - Rapporteur: Heidi Hautala)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Morocco to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0916 C8-0268/2014
2011/0451(NLE)).......................................................................................................................
P8_TA-PROV(2015)0027
The accession of Armenia to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction *
(A8-0009/2015 - Rapporteur: Heidi Hautala)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Armenia to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0917 C8-0269/2014
2011/0452(NLE)).......................................................................................................................
P8_TA-PROV(2015)0028
Verification of credentials
(A8-0013/2015 - Rapporteur: Pavel Svoboda)
European Parliament decision of 11 February 2015 on the verification of credentials
(2014/2165(REG)).....................................................................................................................
P8_TA-PROV(2015)0029
Cross-border exchange of information on road safety related traffic offences ***I
(A8-0001/2015 - Rapporteur: Ins Ayala Sender)
European Parliament legislative resolution of 11 February 2015 on the proposal for a
directive of the European Parliament and of the Council on facilitating cross-border
exchange of information on road safety related traffic offences (COM(2014)0476 C80113/2014 2014/0218(COD)).................................................................................................
P8_TA-PROV(2015)0030
Sustainable Fisheries Partnership Agreement between the European Union and the
Republic of Senegal ***
(A8-0010/2015 - Rapporteur: Norica Nicolai)
PE 537.666\ III

European Parliament legislative resolution of 11 February 2015 on the draft Council


decision on the conclusion, on behalf of the European Union, of a Sustainable Fisheries
Partnership Agreement between the European Union and the Republic of Senegal and the
Implementation Protocol thereto (12812/2014 C8-0276/2014 2014/0238(NLE))..............
P8_TA-PROV(2015)0031
US Senate report on the use of torture by the CIA
(B8-0098/2015)
European Parliament resolution of 11 February 2015 on the US Senate report on the use
of torture by the CIA (2014/2997(RSP))...................................................................................
P8_TA-PROV(2015)0032
Anti-terrorism measures
(B8-0122, 0125, 0126, 0127 and 0132/2015)
European Parliament resolution of 11 February 2015 on anti-terrorism measures
(2015/2530(RSP))......................................................................................................................
P8_TA-PROV(2015)0033
Renewal of the mandate of the Internet Governance Forum
(B8-0099, 0121, 0130 and 0131/2015)
European Parliament resolution of 11 February 2015 on the renewal of the mandate of the
Internet Governance Forum (2015/2526(RSP))........................................................................
P8_TA-PROV(2015)0034
Country of origin labelling for meat in processed foods
(B8-0097/2015)
European Parliament resolution of 11 February 2015 on country of origin labelling for
meat in processed food (2014/2875(RSP))................................................................................
P8_TA-PROV(2015)0035
The work of the ACP-EU Joint Parliamentary Assembly
(A8-0012/2015 - Rapporteur: Charles Goerens)
European Parliament resolution of 11 February 2015 on the work of the ACP-EU Joint
Parliamentary Assembly (2014/2154(INI))...............................................................................

IV /PE 537.666

EN

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0015
Safeguard measures provided for in the Agreement with Iceland ***I
European Parliament legislative resolution of 11 February 2015 on the proposal for a
regulation of the European Parliament and of the Council on the safeguard measures
provided for in the Agreement between the European Economic Community and the
Republic of Iceland (codified text) (COM(2014)0308 C8-0011/2014 2014/0160(COD))
(Ordinary legislative procedure codification)

The European Parliament,


having regard to the Commission proposal to the European Parliament and the Council
(COM(2014)0308),
having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the
European Union, pursuant to which the Commission submitted the proposal to Parliament
(C8-0011/2014),
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 10
December 20141,
having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated
working method for official codification of legislative texts2,
having regard to Rules 103 and 59 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0031/2014),
A. whereas, according to the Consultative Working Party of the legal services of the European
Parliament, the Council and the Commission, the proposal in question contains a
straightforward codification of the existing texts without any change in their substance;
1
2

Not yet published in the Official Journal.


OJ C 102, 4.4.1996, p. 2.

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


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

P8_TC1-COD(2014)0160
Position of the European Parliament adopted at first reading on 11 February 2015 with a
view to the adoption of Regulation (EU) 2015/... of the European Parliament and of the
Council on the safeguard measures provided for in the Agreement between the European
Economic Community and the Republic of Iceland (codification)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,


Having regard to the Treaty on the Functioning of the European Union, and in particular Article
207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee1,
Acting in accordance with the ordinary legislative procedure2,

1
2

Opinion of 10 December 2014 (not yet published in the Official Journal).


Position of the European Parliament of 11 February 2015.

Whereas:
(1)

Regulation (EEC) No 2843/72 of the Council1 has been substantially amended several
times2. In the interests of clarity and rationality, that Regulation should be codified.

(2)

An Agreement between the European Economic Community and the Republic of


Iceland (the Agreement) was signed in Brussels on 22 July 1972.

(3)

Detailed rules are necessary for implementing the safeguard clauses and precautionary
measures provided for in Articles 23 to 28 of the Agreement.

(4)

The implementation of the bilateral safeguard clauses of the Agreement requires


uniform conditions for the adoption of safeguard measures. Those measures should be
adopted in accordance with Regulation (EU) No 182/2011 of the European Parliament
and of the Council3.

2
3

Regulation (EEC) No 2843/72 of the Council of 19 December 1972 on the safeguard


measures provided for in the Agreement between the European Economic Community
and the Republic of Iceland (OJ L 301, 31.12.1972, p. 162).
See Annex I.
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16
February 2011 laying down the rules and general principles concerning mechanisms for
control by Member States of the Commission's exercise of implementing powers (OJ L
55, 28.2.2011, p. 13).

(5)

The Commission should adopt immediately applicable implementing acts where, in


duly justified cases relating to situations referred to in Articles 25, 25a and 27 of the
Agreement or in the case of export aids that have a direct and immediate effect on
trade, imperative grounds of urgency so require,

HAVE ADOPTED THIS REGULATION:


Article 1
The Commission may decide to refer to the Joint Committee established by the Agreement
between the European Economic Community and the Republic of Iceland (the Agreement),
for the purpose of taking the measures provided for in Articles 23, 25, 25a and 27 of the
Agreement. Where necessary, the Commission shall adopt those measures in accordance with
the examination procedure referred to in Article 6(2) of this Regulation.
The Commission shall inform the Member States should it decide to refer an issue to the Joint
Committee.

Article 2
1.

In the case of a practice that may justify application by the Union of the measures
provided for in Article 24 of the Agreement, the Commission, after examining the case
on its own initiative or at the request of a Member State, shall decide whether such
practice is compatible with the Agreement. Where necessary, the Commission shall
adopt safeguard measures in accordance with the examination procedure referred to in
Article 6(2) of this Regulation.

2.

In the case of a practice that may cause safeguard measures to be applied to the Union
on the basis of Article 24 of the Agreement, the Commission, after examining the case,
shall decide whether the practice is compatible with the principles set out in the
Agreement. Where necessary, it shall formulate appropriate recommendations.

Article 3
In the case of a practice that may justify application by the Union of the measures provided for
in Article 26 of the Agreement, the procedures established by Council Regulation (EC)
No 597/20091 and Council Regulation (EC) No 1225/20092 shall be applicable.
Article 4
1.

Where exceptional circumstances require immediate action in the situations referred to


in Articles 25, 25a and 27 of the Agreement or in the case of export aids that have a
direct and immediate effect on trade, the precautionary measures provided for in point
(e) of Article 28(3) of the Agreement may be adopted by the Commission in
accordance with the examination procedure referred to in Article 6(2) of this
Regulation, or in cases of urgency, in accordance with Article 6(3) of this Regulation.

Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised


imports from countries not members of the European Community (OJ L 188, 18.7.2009,
p. 93).
Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against
dumped imports from countries not members of the European Community (OJ L 343,
22.12.2009, p. 51).

2.

Where the Commission is requested to take action by a Member State, it shall take a
decision on that request within a maximum period of five working days of its receipt.
Article 5

Notification to the Joint Committee by the Union as required by Article 28(2) of the Agreement
shall be the responsibility of the Commission.
Article 6
1.

The Commission shall be assisted by the Committee on Safeguards established by


Article 4(1) of Council Regulation (EC) No 260/20091. That Committee shall be a
committee within the meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011


shall apply.

3.

Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011,


in conjunction with Article 5 thereof, shall apply.

Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for
imports (OJ L 84, 31.3.2009, p. 1).

Article 7
The Commission shall include information on the implementation of this Regulation in its
annual report on the application and implementation of trade defence measures presented to the
European Parliament and to the Council pursuant to Article 22a of Regulation (EC)
No 1225/2009.
Article 8
Regulation (EEC) No 2843/72 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and
shall be read in accordance with the correlation table in Annex II.
Article 9
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ,

For the European Parliament

For the Council

The President

The President

ANNEX I
Repealed Regulation with list of the successive amendments thereto
Regulation (EEC) No 2843/72 of the Council
(OJ L 301, 31.12.1972, p. 162)
Council Regulation (EEC) No 640/90
(OJ L 74, 20.3.1990, p. 4)
Regulation (EU) No 37/2014 of the European Parliament
and of the Council
(OJ L 18, 21.1.2014, p. 1)
_____________

10

Only point 2 of the Annex

ANNEX II
CORRELATION TABLE
Regulation (EEC) No 2843/72

This Regulation

Articles 1 to 4

Articles 1 to 4

Article 6

Article 5

Article 7

Article 6

Article 8

Article 7

Article 8

Article 9

Annex I

Annex II
_____________

11

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0016
Measures concerning anti-dumping and anti-subsidy matters ***I
European Parliament legislative resolution of 11 February 2015 on the proposal for a
regulation of the European Parliament and of the Council on the measures that the Union
may take following a report adopted by the WTO Dispute Settlement Body concerning
anti-dumping and anti-subsidy matters (codified text) (COM(2014)0317 C8-0017/2014
2014/0163(COD))
(Ordinary legislative procedure codification)

The European Parliament,


having regard to the Commission proposal to the European Parliament and the Council
(COM(2014)0317),
having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the
European Union, pursuant to which the Commission submitted the proposal to Parliament
(C8-0017/2014),
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 10
December 20141,
having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated
working method for official codification of legislative texts2,
having regard to Rules 103 and 59 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0033/2014),

1
2

Not yet published in the Official Journal.


OJ C 102, 4.4.1996, p. 2.

12

A. whereas, according to the Consultative Working Party of the legal services of the European
Parliament, the Council and the Commission, the proposal in question contains a
straightforward codification of the existing texts without any change in their substance;
1. Adopts its position at first reading hereinafter set out;
2. Instructs its President to forward its position to the Council, the Commission and the
national parliaments.

13

P8_TC1-COD(2014)0163
Position of the European Parliament adopted at first reading on 11 February 2015 with a
view to the adoption of Regulation (EU) 2015/... of the European Parliament and of the
Council on the measures that the Union may take following a report adopted by the WTO
Dispute Settlement Body concerning anti-dumping and anti-subsidy matters (codification)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,


Having regard to the Treaty on the Functioning of the European Union, and in particular Article
207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee1,
Acting in accordance with the ordinary legislative procedure2,

1
2

Opinion of 10 December 2014 (not yet published in the Official Journal).


Position of the European Parliament of 11 February 2015.

14

Whereas:
(1)

Council Regulation (EC) No 1515/20011 has been substantially amended2. In the


interests of clarity and rationality, that Regulation should be codified.

(2)

By Council Regulation (EC) No 1225/20093, common rules were laid down for
protection against dumped imports from countries which are not members of the
European Union.

(3)

By Council Regulation (EC) No 597/20094, common rules were laid down for
protection against subsidised imports from countries which are not members of the
European Union.

(4)

Under the Marrakesh Agreement establishing the World Trade Organisation (WTO),
an Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) was reached. Pursuant to the DSU, the Dispute Settlement Body (DSB) was
established.

2
3

Council Regulation (EC) No 1515/2001 of 23 July 2001 on the measures that may be
taken by the Community following a report adopted by the WTO Dispute Settlement
Body concerning anti-dumping and anti-subsidy matters (OJ L 201, 26.7.2001, p. 10).
See Annex I.
Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against
dumped imports from countries not members of the European Community (OJ L 343,
22.12.2009, p. 51).
Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised
imports from countries not members of the European Community (OJ L 188, 18.7.2009,
p. 93).

15

(5)

With a view to permitting the Union, where it considers this appropriate, to bring a
measure taken under Regulation (EC) No 1225/2009 or Regulation (EC) No 597/2009
into conformity with the recommendations and rulings contained in a report adopted
by the DSB, specific provisions should be laid down.

(6)

The Commission may consider it appropriate to repeal, amend or adopt any other
special measures with respect to measures taken under Regulation (EC) No 1225/2009
or Regulation (EC) No 597/2009, including measures which have not been the subject
of dispute settlement under the DSU, in order to take account of the legal
interpretations made in a report adopted by the DSB. In addition, the Commission
should be able, where appropriate, to suspend or review such measures.

(7)

Recourse to the DSU is not subject to time limits. The recommendations in reports
adopted by the DSB only have prospective effect. Consequently, it is appropriate to
specify that any measures taken under this Regulation will take effect from the date of
their entry into force, unless otherwise specified, and, therefore, do not provide any
basis for the reimbursement of the duties collected prior to that date.

16

(8)

The implementation of this Regulation requires uniform conditions for adopting


measures following a report adopted by the DSB concerning anti-dumping and antisubsidy matters. Those measures should be adopted in accordance with Regulation
(EU) No 182/2011 of the European Parliament and of the Council1.

(9)

The advisory procedure should be used for the suspension of measures for a limited
period of time given the effects of such measures,

HAVE ADOPTED THIS REGULATION:

Article 1
1.

Whenever the DSB adopts a report concerning a Union measure taken pursuant to
Regulation (EC) No 1225/2009, to Regulation (EC) No 597/2009 or to this Regulation
(disputed measure), the Commission may take one or more of the following measures,
whichever it considers appropriate, in accordance with the examination procedure
referred to in Article 4(3):
(a)

repeal or amend the disputed measure; or

(b)

adopt any other special implementing measure deemed to be appropriate in the


circumstances in order to bring the Union into conformity with the
recommendations and rulings contained in the report.

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16


February 2011 laying down the rules and general principles concerning mechanisms for
control by Member States of the Commission's exercise of implementing powers (OJ L
55, 28.2.2011, p. 13).

17

2.

For the purpose of taking a measure under paragraph 1, the Commission may request
interested parties to provide all necessary information in order to complete the
information obtained during the investigation that resulted in the adoption of the disputed
measure.

3.

Insofar as it is appropriate to conduct a review before or at the same time as taking any
measure under paragraph 1, that review shall be initiated by the Commission. The
Commission shall provide information to the Member States once it decides to initiate a
review.

4.

Insofar as it is appropriate to suspend the disputed or amended measure, such suspension


shall be granted for a limited period of time by the Commission, acting in accordance
with the advisory procedure referred to in Article 4(2).

18

Article 2
1.

The Commission may also take any of the measures mentioned in Article 1(1) in order to
take into account the legal interpretations made in a report adopted by the DSB with
regard to a non-disputed measure, if it considers this appropriate.

2.

For the purpose of taking a measure under paragraph 1, the Commission may request
interested parties to provide all necessary information in order to complete the
information obtained during the investigation that resulted in the adoption of the nondisputed measure.

3.

Insofar as it is appropriate to conduct a review before or at the same time as taking any
measure under paragraph 1, that review shall be initiated by the Commission. The
Commission shall provide information to the Member States once it decides to initiate a
review.

4.

Insofar as it is appropriate to suspend the non-disputed or amended measure, that


suspension shall be granted for a limited period of time by the Commission, acting in
accordance with the advisory procedure referred to in Article 4(2).

19

Article 3
Any measures adopted pursuant to this Regulation shall take effect from the date of their entry
into force and shall not serve as basis for the reimbursement of the duties collected prior to that
date, unless otherwise provided for.

Article 4
1.

The Commission shall be assisted by the Committee established by Article 15(1) of


Regulation (EC) No 1225/2009. That Committee shall be a committee within the meaning
of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011


shall apply.

3.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011


shall apply.

20

Article 5
The Commission shall include information on the implementation of this Regulation in its
annual report on the application and implementation of trade defence measures presented to the
European Parliament and to the Council pursuant to Article 22a of Regulation (EC)
No 1225/2009.

Article 6
Regulation (EC) No 1515/2001 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and
shall be read in accordance with the correlation table in Annex II.

21

Article 7
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

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

For the European Parliament

For the Council

The President

The President

22

ANNEX I
Repealed Regulation with the amendment thereto
Council Regulation (EC) No 1515/2001
(OJ L 201, 26.7.2001, p. 10)
Regulation (EU) No 37/2014 of the European Parliament
and of the Council
(OJ L 18, 21.1.2014, p. 1)
_____________

23

Only point 7 of the Annex

ANNEX II
CORRELATION TABLE
Regulation (EC) No 1515/2001

This Regulation

Articles 1, 2 and 3

Articles 1, 2 and 3

Article 3a

Article 4

Article 3b

Article 5

Article 6

Article 4

Article 7

Annex I

Annex II

_____________

24

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0017
Combined effect of anti-dumping or anti-subsidy measures with safeguard
measures ***I
European Parliament legislative resolution of 11 February 2015 on the proposal for a
regulation of the European Parliament and of the Council on measures that the Union
may take in relation to the combined effect of anti-dumping and anti-subsidy measures
with safeguard measures (codified text) (COM(2014)0318 C8-0016/2014
2014/0164(COD))
(Ordinary legislative procedure codification)

The European Parliament,


having regard to the Commission proposal to the European Parliament and the Council
(COM(2014)0318),
having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the
European Union, pursuant to which the Commission submitted the proposal to Parliament
(C8-0016/2014),
having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
after consulting the European Economic and Social Committee,
having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated
working method for official codification of legislative texts1,
having regard to Rules 103 and 59 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0032/2014),

OJ C 102, 4.4.1996, p. 2.

25

A. whereas, according to the Consultative Working Party of the legal services of the European
Parliament, the Council and the Commission, the proposal in question contains a
straightforward codification of the existing texts without any change in their substance;
1. Adopts its position at first reading hereinafter set out;
2. Instructs its President to forward its position to the Council, the Commission and the
national parliaments.

26

P8_TC1-COD(2014)0164
Position of the European Parliament adopted at first reading on 11 February 2015 with a
view to the adoption of Regulation (EU) 2015/... of the European Parliament and of the
Council on measures that the Union may take in relation to the combined effect of antidumping or anti-subsidy measures with safeguard measures (codification)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,


Having regard to the Treaty on the Functioning of the European Union , and in particular
Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
After consulting the European Economic and Social Committee,
Acting in accordance with the ordinary legislative procedure1,

Position of the European Parliament of 11 February 2015.

27

Whereas:
(1)

Council Regulation (EC) No 452/20031 has been substantially amended2. In the


interests of clarity and rationality, that Regulation should be codified.

(2)

By Council Regulation (EC) No 1225/20093, common rules were laid down for
protection against dumped imports from countries which are not members of the
Union.

(3)

By Council Regulation (EC) No 597/20094, common rules were laid down for
protection against subsidised imports from countries which are not members of the
Union.

2
3

Council Regulation (EC) No 452/2003 of 6 March 2003 on measures that the


Community may take in relation to the combined effect of anti-dumping or antisubsidy measures with safeguard measures (OJ L 69, 13.3.2003, p. 8).
See Annex I.
Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against
dumped imports from countries not members of the European Community (OJ L 343,
22.12.2009, p. 51).
Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against
subsidised imports from countries not members of the European Community (OJ L
188, 18.7.2009, p. 93).

28

(4)

By Council Regulation (EC) No 260/20091 and Council Regulation (EC) No


625/20092, common rules were laid down for the adoption of safeguard measures
against imports from certain countries which are not members of the Union. Safeguard
measures may take the form of tariff measures applicable either to all imports or to
those imports in excess of a pre-determined quantity. Such safeguard measures imply
that the goods are eligible to enter the Union market upon payment of the relevant
duties.

(5)

The importation of certain goods may be subject to both anti-dumping or anti-subsidy


measures on the one hand and safeguard tariff measures on the other. The objectives of
the former are to remedy market distortions created by unfair trading practices, whilst
the objectives of the latter are to grant relief against greatly increased imports.

Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for
imports (OJ L 84, 31.3.2009, p. 1).
Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports
from certain third countries (OJ L 185, 17.7.2009, p. 1).

29

(6)

However, the combination of anti-dumping or anti-subsidy measures with safeguard


tariff measures on one and the same product could have an effect greater than that
intended or desirable in terms of the Unions trade defence policy and objectives. In
particular, such a combination of measures could place an undesirably onerous burden
on certain exporting producers seeking to export to the Union, which may have the
effect of denying them access to the Union market.

(7)

Consequently, exporting producers seeking to export to the Union should not be


subject to undesirably onerous burdens and should continue to have access to the
Union market.

(8)

It is therefore desirable to ensure that the objectives of the safeguard tariff measures
and anti-dumping and/or anti-subsidy measures can be met without denying those
exporting producers access to the Union market. Therefore, specific provisions should
be laid down to enable the Commission, where it considers it appropriate, to take
action with a view to ensuring that a combination of anti-dumping or anti-subsidy
measures with safeguard tariff measures on the same product does not have such an
effect.

30

(9)

While it may be foreseeable that both the safeguard duty and the anti-dumping or
anti-subsidy measures may become simultaneously applicable to the same product, it is
not always possible to determine in advance at which precise point in time this may
occur. Therefore, the Commission should be in a position to provide for such a
situation in a manner ensuring sufficient predictability and legal certainty for all
operators concerned.

(10)

The Commission may consider it appropriate to amend, suspend or repeal antidumping and/or anti-subsidy measures or to provide for exemptions in whole or in part
from any anti-dumping or countervailing duties which would otherwise be payable, or
to adopt any other special measures. Any suspension or amendment of, or exemption
from, anti-dumping or anti-subsidy measures should be granted only for a limited
period of time.

(11)

Any measures taken under this Regulation should be applicable from the date of their
entry into force, unless otherwise specified therein, and should therefore not provide a
basis for the reimbursement of duties collected prior to that date.

31

(12)

In order to ensure uniform conditions for the implementation of this Regulation,


implementing powers should be conferred on the Commission. Those powers should
be exercised in accordance with Regulation (EU) No 182/2011 of the European
Parliament and of the Council1,

HAVE ADOPTED THIS REGULATION:


Article 1
1.

Where the Commission considers that a combination of anti-dumping or anti-subsidy


measures with safeguard tariff measures on the same imports could lead to effects
greater than is desirable in terms of the Union's trade defence policy, it may adopt such
of the following measures as it deems appropriate, in accordance with the examination
procedure referred to in Article 3(2):

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16


February 2011 laying down the rules and general principles concerning mechanisms
for control by Member States of the Commission's exercise of implementing powers
(OJ L 55, 28.2.2011, p. 13).

32

(a)

measures to amend, suspend or repeal existing anti-dumping and/or anti-subsidy


measures;

(b)

measures to exempt imports in whole or in part from anti-dumping or


countervailing duties which would otherwise be payable;

(c)
2.

any other special measures considered appropriate in the circumstances.

Any amendment, suspension or exemption pursuant to paragraph 1 shall be limited in


time and shall apply only when the relevant safeguard measures are in force.
Article 2

Any measure adopted pursuant to this Regulation shall apply from its date of entry into force. It
shall not serve as a basis for the reimbursement of duties collected prior to that date unless
otherwise provided in that measure.

33

Article 3
1.

The Commission shall be assisted by the Committee established by Article 15(1) of


Regulation (EC) No 1225/2009. That Committee shall be a committee within the
meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011


shall apply.
Article 4

Regulation (EC) No 452/2003 is repealed.


References to the repealed Regulation shall be construed as references to this Regulation and
shall be read in accordance with the correlation table in Annex II.

34

Article 5
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ,

For the European Parliament

For the Council

The President

The President

35

ANNEX I
Repealed Regulation with the amendment thereto
Council Regulation (EC) No 452/2003
(OJ L 69, 13.3.2003, p. 8)
Regulation (EU) No 37/2014 of the European Parliament
and of the Council
(OJ L 18, 21.1.2014, p. 1)
_____________

36

Only point 10 of the Annex

ANNEX II
CORRELATION TABLE
Regulation (EC) No 452/2003

This Regulation

Article 1

Article 1

Article 2

Article 2

Article 2a

Article 3

Article 4

Article 3

Article 5

Annex I

Annex II

_____________

37

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0018
Common rules for imports ***I
European Parliament legislative resolution of 11 February 2015 on the proposal for a
regulation of the European Parliament and of the Council on common rules for imports
(codified text) (COM(2014)0321 C8-0012/2014 2014/0166(COD))
(Ordinary legislative procedure codification)

The European Parliament,


having regard to the Commission proposal to the European Parliament and the Council
(COM(2014)0321),
having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the
European Union, pursuant to which the Commission submitted the proposal to Parliament
(C8-0012/2014),
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 10
December 20141,
having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated
working method for official codification of legislative texts2,
having regard to Rules 103 and 59 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0040/2014),
A. whereas, according to the Consultative Working Party of the legal services of the European
Parliament, the Council and the Commission, the proposal in question contains a
straightforward codification of the existing texts without any change in their substance;
1
2

Not yet published in the Official Journal.


OJ C 102, 4.4.1996, p. 2.

38

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


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

39

P8_TC1-COD(2014)0166
Position of the European Parliament adopted at first reading on 11 February 2015 with a
view to the adoption of Regulation (EU) 2015/... of the European Parliament and of the
Council on common rules for imports (codification)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,


Having regard to the Treaty on the Functioning of the European Union, and in particular Article
207(2) thereof,
Having regard to the proposal from the European Commission
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee1,
Acting in accordance with the ordinary legislative procedure2,

1
2

Opinion of 10 December 2014 (not yet published in the Official Journal).


Position of the European Parliament of 11 February 2015.

40

Whereas:
(1)

Council Regulation (EC) No 260/20091 has been substantially amended2. In the


interests of clarity and rationality, that Regulation should be codified.

(2)

The common commercial policy should be based on uniform principles.

(3)

The European Community concluded the Agreement establishing the World Trade
Organization (WTO). Annex 1A to that Agreement contains inter alia the General
Agreement on Tariffs and Trade 1994 (GATT 1994) and an Agreement on
Safeguards.

(4)

The Agreement on Safeguards meets the need to clarify and reinforce the disciplines of
GATT 1994, and specifically those of Article XIX. That Agreement requires the
elimination of safeguard measures which escape those rules, such as voluntary export
restraints, orderly marketing arrangements and any other similar import or export
arrangements.

Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for
imports (OJ L 84, 31.3.2009, p. 1).
See Annex II.

41

(5)

The Agreement on Safeguards also covers coal and steel products. The common rules
for imports, especially as regards safeguard measures, therefore also apply to those
products without prejudice to any possible measures to apply an agreement specifically
concerning coal and steel products.

(6)

The textile products covered by Council Regulation (EC) No 517/941 are subject to
special treatment at Union and international level. They should therefore be excluded
from the scope of this Regulation.

(7)

The Commission should be informed by the Member States of any danger created by
trends in imports which might call for Union surveillance or the application of
safeguard measures.

(8)

In such instances the Commission should examine the terms and conditions under
which imports occur, the trend in imports, the various aspects of the economic and
trade situations and, where appropriate, the measures to be applied.

Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of
textile products from certain third countries not covered by bilateral agreements,
protocols or other arrangements, or by other specific Community import rules (OJ
L 67, 10.3.1994, p. 1).

42

(9)

If prior Union surveillance is applied, release for free circulation of the products
concerned should be made subject to presentation of a surveillance document meeting
uniform criteria. That document should, on simple application by the importer, be
issued by the authorities of the Member States within a certain period but without the
importer thereby acquiring any right to import. The surveillance document should
therefore be valid only during such period as the import rules remain unchanged.

(10)

The Member States and the Commission should exchange the information resulting
from Union surveillance as fully as possible.

(11)

It falls to the Commission to adopt the safeguard measures required by the interests of
the Union. Those interests should be considered as a whole and should in particular
encompass the interests of Union producers, users and consumers.

(12)

Safeguard measures against a member of the WTO may be considered only if the
product in question is imported into the Union in such greatly increased quantities and
on such terms or conditions as to cause, or threaten to cause, serious injury to Union
producers of like or directly competing products, unless international obligations
permit derogation from this rule.

43

(13)

The terms serious injury, threat of serious injury and Union producers should be
defined and precise criteria for determining injury should be laid down.

(14)

An investigation should precede the application of any safeguard measure, subject to


the reservation that the Commission be allowed in urgent cases to apply provisional
measures.

(15)

There should be detailed provisions on the opening of investigations, the checks and
inspections required, access by exporter countries and interested parties to the
information gathered, hearings for the parties involved and the opportunities for those
parties to submit their views.

(16)

The provisions on investigations laid down in this Regulation are without prejudice to
Union or national rules concerning professional secrecy.

(17)

It is also necessary to set time limits for the initiation of investigations and for
determinations as to whether or not measures are appropriate, with a view to ensuring
that such determinations are made quickly, in order to increase legal certainty for the
economic operators concerned.

44

(18)

In cases in which safeguard measures take the form of a quota the level of the latter
should be set in principle no lower than the average level of imports over a
representative period of at least three years.

(19)

In cases in which a quota is allocated among supplier countries each countrys quota
may be determined by agreement with the countries themselves or by taking as a
reference the level of imports over a representative period. Derogations from these
rules should nevertheless be possible where there is serious injury and a
disproportionate increase in imports, provided that due consultation under the auspices
of the WTO Committee on Safeguards takes place.

(20)

The maximum duration of safeguard measures should be determined and specific


provisions regarding extension, progressive liberalisation and reviews of such
measures should be laid down.

(21)

The circumstances in which products originating in a developing country which is a


member of the WTO are to be exempt from safeguard measures should be established.

45

(22)

Surveillance or safeguard measures confined to one or more regions of the Union may
prove more suitable than measures applying to the whole Union. However, such
measures should be authorised only exceptionally and where no alternative exists. It is
necessary to ensure that such measures are temporary and cause the minimum of
disruption to the operation of the internal market.

(23)

In the interests of uniformity in rules for imports, the formalities to be carried out by
importers should be simple and identical regardless of the place where the goods clear
customs. It is therefore desirable to provide that any formalities should be carried out
using forms corresponding to the specimen annexed to this Regulation.

(24)

Surveillance documents issued in connection with Union surveillance measures should


be valid throughout the Union irrespective of the Member State of issue.

46

(25)

The implementation of this Regulation requires uniform conditions for adopting


provisional and definitive safeguard measures, and for the imposition of prior
surveillance measures. Those measures should be adopted by the Commission in
accordance with Regulation (EU) No 182/2011 of the European Parliament and of the
Council1.

(26)

The advisory procedure should be used for the adoption of surveillance and provisional
measures given the effects of such measures and their sequential logic in relation to the
adoption of definitive safeguard measures. Where a delay in the imposition of
measures would cause damage which would be difficult to repair, it is necessary to
allow the Commission to adopt immediately applicable provisional measures,

HAVE ADOPTED THIS REGULATION:

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16


February 2011 laying down the rules and general principles concerning mechanisms
for control by Member States of the Commission's exercise of implementing powers
(OJ L 55, 28.2.2011, p. 13).

47

CHAPTER I
General principles
Article 1
1.

This Regulation applies to imports of products originating in third countries, except


for:
(a)

textile products subject to specific import rules under Regulation (EC)


No 517/94;

(b)

products originating in certain third countries listed in Council Regulation (EC)


No 625/20091.

2.

The products referred to in paragraph 1 shall be freely imported into the Union and
accordingly, without prejudice to the safeguard measures which may be taken under
Chapter V, shall not be subject to any quantitative restrictions.

Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports
from certain third countries (OJ L 185, 17.7.2009, p. 1).

48

CHAPTER II
Union information and consultation procedure
Article 2
Member States shall inform the Commission if trends in imports appear to call for surveillance
or safeguard measures. This information shall contain the evidence available, as determined on
the basis of the criteria laid down in Article 9. The Commission shall immediately pass this
information on to all the Member States.
Article 3
1.

The Commission shall be assisted by a Committee on Safeguards. That Committee


shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011


shall apply.

3.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011


shall apply.

49

4.

Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011,


in conjunction with Article 5 thereof, shall apply.

5.

Pursuant to Article 3(5) of Regulation (EU) No 182/2011, where recourse is made to


the written procedure for adopting definitive measures pursuant to Article 16 of this
Regulation, such procedure shall be terminated without result where, within the timelimit set down by the chair, the chair so decides or a majority of committee members
as defined in Article 5(1) of Regulation (EU) No 182/2011 so request. Where recourse
is made to the written procedure in other instances where there has been a discussion
of the draft measure in the Committee, that procedure shall be terminated without
result where, within the time-limit set down by the chair, the chair so decides or a
simple majority of committee members so request. Where recourse is made to the
written procedure in other instances where there has not been a discussion of the draft
measure in the Committee, that procedure shall be terminated without result where,
within the time-limit set down by the chair, the chair so decides or at least a quarter of
committee members so request.

50

CHAPTER III
Union investigation procedure
Article 4
1.

Without prejudice to Article 7, the Union investigation procedure shall be implemented


before any safeguard measure is applied.

2.

Using as a basis the factors referred to in Article 9, the investigation shall seek to
determine whether imports of the product in question are causing or threatening to
cause serious injury to the Union producers concerned.

3.

The following definitions shall apply:


(a)

serious injury means a significant overall impairment in the position of Union


producers;

(b)

threat of serious injury means serious injury that is clearly imminent;

51

(c)

Union producers means the producers as a whole of like or directly competing


products operating within the territory of the Union, or those whose collective
output of like or directly competing products constitutes a major proportion of
the total Union production of those products.
Article 5

1.

Where it is apparent to the Commission that there is sufficient evidence to justify the
initiation of an investigation, the Commission shall initiate an investigation within one
month of the date of receipt of information from a Member State and publish a notice
in the Official Journal of the European Union. That notice shall:
(a)

give a summary of the information received, and require that all relevant
information is to be communicated to the Commission;

(b)

state the period within which interested parties may make known their views in
writing and submit information, if such views and information are to be taken
into account during the investigation;

52

(c)

state the period within which interested parties may apply to be heard orally by
the Commission in accordance with paragraph 4.

The Commission shall commence the investigation, acting in cooperation with the
Member States.
The Commission shall provide information to the Member States concerning its
analysis of the information normally within 21 days of the date on which the
information is provided to the Commission.
2.

The Commission shall seek all information it deems necessary and, where it considers
it appropriate, after having informed the Member States, endeavour to check that
information with importers, traders, agents, producers, trade associations and
organisations.
The Commission shall be assisted in this task by staff of the Member State on whose
territory those checks are being carried out, provided that that Member State so wishes.

3.

The Member States shall supply the Commission, at its request and following
procedures laid down by it, with the information at their disposal on developments in
the market of the product being investigated.

53

4.

Interested parties which have come forward pursuant to the first subparagraph of
paragraph 1 and representatives of the exporting country may, upon written request,
inspect all information made available to the Commission in connection with the
investigation other than internal documents prepared by the authorities of the Union or
its Member States, provided that that information is relevant to the presentation of their
case and not confidential within the meaning of Article 8 and that it is used by the
Commission in the investigation.
Interested parties which have come forward may communicate their views on the
information in question to the Commission. Those views may be taken into
consideration where they are backed by sufficient evidence.

5.

The Commission may hear the interested parties. Such parties must be heard where
they have made a written application within the period laid down in the notice
published in the Official Journal of the European Union, showing that they are actually
likely to be affected by the outcome of the investigation and that there are special
reasons for them to be heard orally.

54

6.

When information is not supplied within the time limits set by this Regulation or by
the Commission pursuant to this Regulation, or the investigation is significantly
impeded, findings may be made on the basis of the facts available. Where the
Commission finds that any interested party or third party has supplied it with false or
misleading information, it shall disregard that information and may make use of facts
available.

7.

Where it appears to the Commission that there is insufficient evidence to justify an


investigation, it shall inform the Member States of its decision within one month of the
date of receipt of the information from the Member States.
Article 6

1.

At the end of the investigation, the Commission shall submit a report on the results to
the Committee.

55

2.

Where the Commission considers, within nine months of the initiation of the
investigation, that no Union surveillance or safeguard measures are necessary, the
investigation shall be terminated within a month. The Commission shall terminate the
investigation in accordance with the advisory procedure referred to in Article 3(2).

3.

If the Commission considers that Union surveillance or safeguard measures are


necessary, it shall take the necessary decisions in accordance with Chapters IV and V,
no later than nine months from the initiation of the investigation. In exceptional
circumstances, this time limit may be extended by a further maximum period of two
months; the Commission shall then publish a notice in the Official Journal of the
European Union setting forth the duration of the extension and a summary of the
reasons therefor.

56

Article 7
1.

The provisions of this Chapter shall not preclude the use, at any time, of surveillance
measures in accordance with Articles 10 to 14 or provisional safeguard measures in
accordance with Articles 15, 16 and 17.
Provisional safeguard measures shall be applied:
(a)

in critical circumstances where delay would cause damage which would be


difficult to repair, making immediate action necessary; and

(b)

where a preliminary determination provides clear evidence that increased


imports have caused or are threatening to cause serious injury.

The duration of such measures shall not exceed 200 days.


2.

Provisional safeguard measures shall take the form of an increase in the existing level
of customs duty, whether the latter is zero or higher, if such action is likely to prevent
or repair the serious injury.

57

3.

The Commission shall immediately conduct whatever investigation measures are still
necessary.

4.

Should the provisional safeguard measures be repealed because no serious injury or


threat of serious injury exists, the customs duties collected as a result of the provisional
measures shall be automatically refunded as soon as possible. The procedure laid down
in Article 235 et seq. of Council Regulation (EEC) No 2913/921 shall apply.
Article 8

1.

Information received pursuant to this Regulation shall be used only for the purpose for
which it was requested.

2.

The Commission and the Member States, including the officials of either, shall not
reveal any information of a confidential nature received pursuant to this Regulation, or
any information provided on a confidential basis, without specific permission from the
supplier of such information.

Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the


Community Customs Code (OJ L 302, 19.10.1992, p. 1).

58

3.

Each request for confidentiality shall state the reasons why the information is
confidential.
However, if it appears that a request for confidentiality is unjustified and if the supplier
of the information wishes neither to make it public nor to authorise its disclosure in
general terms or in the form of a summary, the information concerned may be
disregarded.

4.

Information shall in any case be considered to be confidential if its disclosure is likely


to have a significantly adverse effect upon the supplier or the source of such
information.

5.

Paragraphs 1 to 4 shall not preclude reference by the Union authorities to general


information and in particular to reasons on which decisions taken pursuant to this
Regulation are based. Those authorities shall, however, take into account the legitimate
interest of legal and natural persons concerned that their business secrets should not be
divulged.

59

Article 9
1.

Examination of the trend in imports, of the conditions in which they take place and of
serious injury or threat of serious injury to Union producers resulting from such
imports shall cover in particular the following factors:
(a)

the volume of imports, in particular where there has been a significant increase,
either in absolute terms or relative to production or consumption in the Union ;

(b)

the price of imports, in particular where there has been a significant price
undercutting as compared with the price of a like product in the Union;

(c)

the consequent impact on Union producers as indicated by trends in certain


economic factors such as:

production,

capacity utilisation,

60

stocks,

sales,

market share,

prices (i.e. depression of prices or prevention of price increases which


would normally have occurred),

(d)

profits,

return on capital employed,

cash flow,

employment;

factors other than trends in imports which are causing or may have caused injury
to the Union producers concerned.

61

2.

Where a threat of serious injury is alleged, the Commission shall also examine whether
it is clearly foreseeable that a particular situation is likely to develop into actual injury.
In this regard account may be taken of factors such as:
(a)

the rate of increase of the exports to the Union;

(b)

the export capacity in the country of origin or export, as it stands or is likely to


be in the foreseeable future, and the likelihood that that capacity will be used to
export to the Union.

62

CHAPTER IV
Surveillance
Article 10
1.

Where the trend in imports of a product originating in a third country covered by this
Regulation threatens to cause injury to Union producers, and where the interests of the
Union so require, import of that product may be subject, as appropriate, to:
(a)

retrospective Union surveillance carried out in accordance with the provisions


laid down in the decision referred to in paragraph 2;

(b)
2.

prior Union surveillance carried out in accordance with Article 11.

The decision to impose surveillance shall be taken by the Commission by means of


implementing acts in accordance with the advisory procedure referred to in Article
3(2).

3.

The surveillance measures shall have a limited period of validity. Unless otherwise
provided, they shall cease to be valid at the end of the second six-month period
following the six months in which the measures were introduced.

63

Article 11
1.

Products under prior Union surveillance may be put into free circulation only on
production of a surveillance document. Such document shall be issued by the
competent authority designated by Member States, free of charge, for any quantity
requested and within a maximum of five working days of receipt by the national
competent authority of an application by any Union importer, regardless of his place of
business in the Union. This application shall be deemed to have been received by the
national competent authority no later than three working days after submission, unless
it is proved otherwise.

2.

The surveillance document shall be made out on a form corresponding to the model in
Annex I.
Except where the decision to impose surveillance provides otherwise, the importers
application for surveillance documents shall contain only the following:

64

(a)

the full name and address of the applicant (including telephone and fax numbers
and any number identifying the applicant to the competent national authority),
plus the applicants VAT registration number if he is liable for VAT;

(b)

where appropriate, the full name and address of the declarant or of any
representative appointed by the applicant (including telephone and fax numbers);

(c)

(d)

a description of the goods giving their:

trade name,

combined nomenclature code,

place of origin and place of consignment;

the quantity declared, in kilograms and, where appropriate, any other additional
unit (pairs, items, etc.);

(e)

the value of the goods, CIF at Union frontier, in euro;

65

(f)

the following statement, dated and signed by the applicant, with the applicants
name spelt out in capital letters:
I, the undersigned, certify that the information provided in this application is
true and given in good faith, and that I am established in the Union.

3.

The surveillance document shall be valid throughout the Union, regardless of the
Member State of issue.

4.

A finding that the unit price at which the transaction is effected exceeds that indicated
in the surveillance document by less than 5 % or that the total value or quantity of the
products presented for import exceeds the value or quantity given in the surveillance
document by less than 5 % shall not preclude the release for free circulation of the
product in question. The Commission, having heard the opinions expressed in the
Committee and taking account of the nature of the products and other special features
of the transactions concerned, may fix a different percentage, which, however, should
not normally exceed 10 %.

66

5.

Surveillance documents may be used only for such time as arrangements for
liberalisation of imports remain in force in respect of the transactions concerned. Such
surveillance documents may not in any event be used beyond the expiry of a period
which shall be laid down at the same time and by means of the same procedure as the
imposition of surveillance, and shall take account of the nature of the products and
other special features of the transactions.

6.

Where the decision taken pursuant to Article 10 so requires, the origin of products
under Union surveillance must be proved by a certificate of origin. This paragraph
shall not affect other provisions concerning the production of any such certificate.

7.

Where the product under prior Union surveillance is subject to regional safeguard
measures in a Member State, the import authorisation granted by that Member State
may replace the surveillance document.

67

8.

Surveillance document forms and extracts thereof shall be drawn up in duplicate, one
copy, marked Holders copy and bearing the number 1, to be issued to the applicant,
and the other, marked Copy for the competent authority and bearing the number 2, to
be kept by the authority issuing the document. For administrative purposes the
competent authority may add supplementary copies to form 2.

9.

Forms shall be printed on white paper free of mechanical pulp, dressed for writing and
weighing between 55 g and 65 g per square metre. Their size shall be
210 mm 297 mm; the type space between the lines shall be 4,24 mm (one sixth of an
inch); the layout of the forms shall be followed precisely. Both sides of copy No 1,
which is the surveillance document itself, shall in addition have a yellow printed
guilloche pattern background so as to reveal any falsification by mechanical or
chemical means.

68

10.

Member States shall be responsible for having the forms printed. The forms may also
be printed by printers appointed by the Member State in which they are established. In
the latter case, reference to the appointment by the Member State must appear on each
form. Each form shall bear an indication of the printers name and address or a mark
enabling the printer to be identified.
Article 12

Where the import of a product has not been made subject to prior Union surveillance, the
Commission, in accordance with Article 17, may introduce surveillance confined to imports
into one or more regions of the Union. The Commission shall provide information to the
Member States once it decides to introduce surveillance.

69

Article 13
1.

Products under regional surveillance may be put into free circulation in the region
concerned only on production of a surveillance document. Such document shall be
issued by the competent authority designated by the Member State(s) concerned, free
of charge, for any quantity requested and within a maximum of five working days of
receipt by the national competent authority of an application by any Union importer,
regardless of his place of business in the Union. This application shall be deemed to
have been received by the national competent authority no later than three working
days after submission, unless it is proved otherwise. Surveillance documents may be
used only for such time as arrangements for imports remain liberalised in respect of the
transactions concerned.

2.

Article 11(2) shall apply.

70

Article 14
1.

Member States shall communicate to the Commission within the first ten days of
each month in the case of Union or regional surveillance:
(a)

in the case of prior surveillance, details of the sums of money (calculated on the
basis of CIF prices) and quantities of goods in respect of which surveillance
documents were issued during the preceding period;

(b)

in every case, details of imports during the period preceding the period referred
to in point (a).

The information supplied by Member States shall be broken down by product and by
country.
Different provisions may be laid down at the same time and by the same procedure as
the surveillance arrangements.

71

2.

Where the nature of the products or special circumstances so require, the Commission
may, at the request of a Member State or on its own initiative, amend the timetables for
submitting this information.

3.

The Commission shall inform the Member States accordingly.

72

CHAPTER V
Safeguard measures
Article 15
1.

Where a product is imported into the Union in such greatly increased quantities and/or
on such terms or conditions as to cause, or threaten to cause, serious injury to Union
producers, the Commission, in order to safeguard the interests of the Union , may,
acting at the request of a Member State or on its own initiative:
(a)

limit the period of validity of surveillance documents within the meaning of


Article 11 to be issued after the entry into force of this measure;

(b)

alter the import rules for the product in question by making its release for free
circulation conditional on production of an import authorisation, the granting of
which shall be governed by such provisions and subject to such limits as the
Commission shall lay down.

The measures referred to in points (a) and (b) shall take effect immediately.

73

2.

As regards members of the WTO, the measures referred to in paragraph 1 shall be


taken only when the two conditions indicated in the first subparagraph of that
paragraph are met.

3.

If establishing a quota, account shall be taken in particular of:


(a)

the desirability of maintaining, as far as possible, traditional trade flows;

(b)

the volume of goods exported under contracts concluded on normal terms and
conditions before the entry into force of a safeguard measure within the meaning
of this Chapter, where such contracts have been notified to the Commission by
the Member State concerned;

(c)

the need to avoid jeopardising the achievement of the aim pursued in


establishing the quota.

Any quota shall not be set lower than the average level of imports over the last
three representative years for which statistics are available unless a different level is
necessary to prevent or remedy serious injury.

74

4.

In cases in which a quota is allocated among supplier countries, allocation may be


agreed with those of them having a substantial interest in supplying the product
concerned for import into the Union.
Failing this, the quota shall be allocated among the supplier countries in proportion to
their share of imports into the Union of the product concerned during a previous
representative period, due account being taken of any specific factors which may have
affected or may be affecting the trade in the product.
Provided that its obligation to see that consultations are conducted under the auspices
of the WTO Committee on Safeguards is not disregarded, the Union may nevertheless
depart from this method of allocation in the case of serious injury if imports
originating in one or more supplier countries have increased in disproportionate
percentage in relation to the total increase of imports of the product concerned over a
previous representative period.

75

5.

The measures referred to in this Article shall apply to every product which is put into
free circulation after their entry into force. In accordance with Article 17 they may be
confined to one or more regions of the Union.
However, such measures shall not prevent the release for free circulation of products
already on their way to the Union provided that the destination of such products cannot
be changed and that those products which, pursuant to Articles 10 and 11, may be put
into free circulation only on production of a surveillance document are in fact
accompanied by such a document.

6.

Where intervention by the Commission has been requested by a Member State, the
Commission, acting in accordance with the examination procedure referred to in
Article 3(3), or, in cases of urgency, in accordance with Article 3(4), shall take a
decision within a maximum of five working days of the date of receipt of such a
request.

76

Article 16
Where the interests of the Union so require, the Commission, acting in accordance with the
examination procedure referred to in Article 3(3) and the terms of Chapter III, may adopt
appropriate measures to prevent a product being imported into the Union in such greatly
increased quantities and/or on such terms or conditions as to cause, or threaten to cause, serious
injury to Union producers of like or directly competing products.
Article 15(2) to (5) shall apply.
Article 17
Where it emerges, primarily on the basis of the factors referred to in Article 9, that the
conditions laid down for the adoption of measures pursuant to Articles 10 and 15 are met in one
or more regions of the Union, the Commission, after having examined alternative solutions,
may exceptionally authorise the application of surveillance or safeguard measures limited to the
region(s) concerned if it considers that such measures applied at that level are more appropriate
than measures applied throughout the Union.

77

These measures must be temporary and must disrupt the operation of the internal market as
little as possible.
The measures shall be adopted in accordance with the provisions laid down in Articles 10 and
15.
Article 18
No safeguard measure may be applied to a product originating in a developing country member
of the WTO as long as that countrys share of Union imports of the product concerned does not
exceed 3 %, provided that developing country members of the WTO with less than a 3 %
import share collectively account for not more than 9 % of total Union imports of the product
concerned.
Article 19
1.

The duration of safeguard measures must be limited to the period of time necessary to
prevent or remedy serious injury and to facilitate adjustment on the part of Union
producers. The period must not exceed four years, including the duration of any
provisional measure.

78

2.

Such initial period may be extended, except in the case of the measures referred to in
the third subparagraph of Article 15(4) provided it is determined that:
(a)

the safeguard measure continues to be necessary to prevent or remedy serious


injury;

(b)
3.

there is evidence that Union producers are adjusting.

Extensions shall be adopted in accordance with the terms of Chapter III and using the
same procedures as the initial measures. A measure so extended shall not be more
restrictive than it was at the end of the initial period.

4.

If the duration of the measure exceeds one year, the measure must be progressively
liberalised at regular intervals during the period of application, including the period of
extension.

5.

The total period of application of a safeguard measure, including the period of


application of any provisional measures, the initial period of application and any
prorogation thereof, may not exceed eight years.

79

Article 20
1.

While any surveillance or safeguard measure applied in accordance with Chapters IV


and V is in operation, the Commission may, either at the request of a Member State or
on its own initiative, and no later than the mid-point of the period of application of
measures of a duration exceeding three years:
(a)

examine the effects of the measure;

(b)

determine whether and in what manner it is appropriate to accelerate the pace of


liberalisation;

(c)

ascertain whether application of the measure is still necessary.

80

Where the Commission considers that the application of the measure is still necessary,
it shall inform the Member States accordingly.
2.

Where the Commission considers that any surveillance or safeguard measure referred
to in Articles 10, 12, 15, 16 and 17 should be revoked or amended, it shall, acting in
accordance with the examination procedure referred to in Article 3(3), revoke or
amend the measure.
Where the decision relates to regional surveillance measures, it shall apply from the
sixth day following that of its publication in the Official Journal of the European
Union.
Article 21

1.

Where imports of a product have already been subject to a safeguard measure, no


further measure shall be applied to that product until a period equal to the duration of
the previous measure has elapsed. Such period shall not be less than two years.

81

2.

Notwithstanding paragraph 1, a safeguard measure of 180 days or less may be reimposed for a product if:
(a)

at least one year has elapsed since the date of introduction of a safeguard
measure on the import of that product; and

(b)

such a safeguard measure has not been applied to the same product more than
twice in the five-year period immediately preceding the date of introduction of
the measure.

82

CHAPTER VI
Final provisions
Article 22
Where the interests of the Union so require, the Commission, acting in accordance with the
examination procedure referred to in Article 3(3), may adopt appropriate measures
implementing legislative acts to allow the rights and obligations of the Union or of all the
Member States, in particular those relating to trade in commodities, to be exercised and fulfilled
at international level.
Article 23
The Commission shall include information on the implementation of this Regulation in its
annual report on the application and implementation of trade defence measures presented to the
European Parliament and to the Council pursuant to Article 22a of Council Regulation (EC)
No 1225/20091.

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against


dumped imports from countries not members of the European Community (OJ L 343,
22.12.2009, p. 51).

83

Article 24
1.

This Regulation shall not preclude the fulfilment of obligations arising from special
rules contained in agreements concluded between the Union and third countries.

2.

Without prejudice to other Union provisions, this Regulation shall not preclude the
adoption or application by Member States of:
(a)

prohibitions, quantitative restrictions or surveillance measures on grounds of


public morality, public policy or public security, the protection of health and life
of humans, animals or plants, the protection of national treasures possessing
artistic, historic or archaeological value, or the protection of industrial and
commercial property;

(b)

special formalities concerning foreign exchange;

(c)

formalities introduced pursuant to international agreements in accordance with


the Treaty on the Functioning of the European Union.

84

The Member States shall inform the Commission of the measures or formalities they
intend to introduce or amend in accordance with the first subparagraph.
In the event of extreme urgency, the national measures or formalities in question shall
be communicated to the Commission immediately upon their adoption.
Article 25
1.

This Regulation shall be without prejudice to the operation of the instruments


establishing the common organisation of agricultural markets or of Union or national
administrative provisions derived therefrom or of the specific instruments applicable to
goods resulting from the processing of agricultural products. It shall operate by way of
complement to those instruments.

2.

In the case of products covered by the instruments referred to in paragraph 1,


Articles 10 to 14 and Article 21 shall not apply to those in respect of which the Union
rules on trade with third countries require the production of a licence or other import
document.
Articles 15, 17 and 20 to 24 shall not apply to those products in respect of which such
rules provide for the application of quantitative import restrictions.

85

Article 26
Regulation (EC) No 260/2009 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and
shall be read in accordance with the correlation table in Annex III.
Article 27
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ,

For the European Parliament

For the Council

The President

The President

86

ANNEX I

Holder's copy

EUROPEAN UNION

SURVEILLANCE DOCUMENT

1.

2.

Issue number

3.

Proposed place and date of import

4.

Authority responsible for issue


(name, address and telephone No)

6.

Country of origin
(and geonomenclature code)

7.

Country of consignment
(and geonomenclature code)

8.

Last day of validity

5.

Consignee
(name, full address, country, VAT number)

Declarant/representative as applicable
(name and full address)

1
9.

Description of goods

13.

Additional remarks

14.

Competent authority's endorsement

Date: .

Signature: .

(Stamp)

87

10.

CN code and category

11.

Quantity in kilograms (net


mass) or in additional sets

12.

Value in euro, cif at Union


frontier

15.

ATTRIBUTIONS
Indicate the quantity available in part 1 of column 17 and the quantity attributed in part 2 thereof

16.

Net quantity (net mass or other unit of measure


stating the unit)

17.

In figures

18.

19. Customs document (form


and number) or extract No
and date of attribution

In words for the quantity


attributed

1.
2.
1.
2.
1.
2.
1.
2.
1.
2.
1.
2.
1.
2.
Extension pages to be attached hereto.

88

20.

Name, Member State,


stamp and signature of
the attributing
authority

Copy for the competent authority

EUROPEAN UNION

SURVEILLANCE DOCUMENT

1.

2.

Issue number

3.

Proposed place and date of import

4.

Authority responsible for issue


(name, address and telephone No)

6.

Country of origin
(and geonomenclature code)

7.

Country of consignment
(and geonomenclature code)

8.

Last day of validity

5.

Consignee
(name, full address, country, VAT number)

Declarant/representative as applicable
(name and full address)

2
9.

Description of goods

13.

Additional remarks

14.

Competent authority's endorsement

Date: .

Signature: .

(Stamp)

89

10.

CN code and category

11.

Quantity in kilograms (net


mass) or in additional sets

12.

Value in euro, cif at Union


frontier

15.

ATTRIBUTIONS
Indicate the quantity available in part 1 of column 17 and the quantity attributed in part 2 thereof

16.

Net quantity (net mass or other unit of measure


stating the unit)

17.

In figures

18.

19.

Customs document
(form and number) or
extract No and date of
attribution

In words for the quantity


attributed

1.
2.
1.
2.
1.
2.
1.
2.
1.
2.
1.
2.
1.
2.
Extension pages to be attached hereto.
_____________

90

20.

Name, Member State,


stamp and signature of
the attributing
authority

ANNEX II

Repealed Regulation with the amendment thereto

Council Regulation (EC) No 260/2009


(OJ L 84, 31.3.2009, p. 1)
Regulation (EU) No 37/2014 of the European Parliament
and of the Council
(OJ L 18, 21.1.2014, p. 1)
_____________

91

Only point 19 of the Annex

ANNEX III

Correlation Table
Regulation (EC) No 260/2009

This Regulation

Article 1

Article 1

Article 2

Article 2

Article 4

Article 3

Article 5

Article 4

Article 6

Article 5

Article 7

Article 6

Article 8

Article 7

Article 9

Article 8

Article 10

Article 9

Article 11

Article 10

Article 12

Article 11

Article 13

Article 12

Article 14

Article 13

Article 15

Article 14

Article 16

Article 15

Article 17

Article 16

Article 18

Article 17

Article 19

Article 18

Article 20

Article 19

Article 21

Article 20

Article 22

Article 21

Article 23

Article 22

Article 23a

Article 23

Articles 24 to 27

Articles 24 to 27

Annex I

Annex I

Annex II

Annex II

Annex III

Annex III
_____________

92

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0019
Common rules for exports ***I
European Parliament legislative resolution of 11 February 2015 on the proposal for a
regulation of the European Parliament and of the Council on common rules for exports
(codified text) (COM(2014)0322 C8-0013/2014 2014/0167(COD))
(Ordinary legislative procedure codification)

The European Parliament,


having regard to the Commission proposal to the European Parliament and the Council
(COM(2014)0322),
having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the
European Union, pursuant to which the Commission submitted the proposal to Parliament
(C8-0013/2014),
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 10
December 20141,
having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated
working method for official codification of legislative texts2,
having regard to Rules 103 and 59 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0035/2014),
A. whereas, according to the Consultative Working Party of the legal services of the European
Parliament, the Council and the Commission, the proposal in question contains a
straightforward codification of the existing texts without any change in their substance;
1
2

Not yet published in the Official Journal.


OJ C 102, 4.4.1996, p. 2.

93

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


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

94

P8_TC1-COD(2014)0167
Position of the European Parliament adopted at first reading on 11 February 2015 with a
view to the adoption of Regulation (EU) 2015/... of the European Parliament and of the
Council on common rules for exports (codification)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,


Having regard to the Treaty on the Functioning of the European Union, and in particular Article
207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee1,
Acting in accordance with the ordinary legislative procedure2,

1
2

Opinion of 10 December 2014 (not yet published in the Official Journal).


Position of the European Parliament of 11 February 2015.

95

Whereas:
(1)

Council Regulation (EC) No 1061/20091 has been substantially amended2. In the


interests of clarity and rationality, that Regulation should be codified.

(2)

The common commercial policy should be based on uniform principles.

(3)

Common rules should be laid down for exports from the Union .

(4)

Exports are almost completely liberalised in all the Member States. It is therefore
possible to accept as a Union principle that exports to third countries are not subject to
any quantitative restriction, subject to the exceptions provided for in this Regulation
and without prejudice to such measures as Member States may take in conformity with
the Treaty.

Council Regulation (EC) No 1061/2009 of 19 October 2009 establishing common


rules for exports (OJ L 291, 7.11.2009, p. 1).
See Annex II.

96

(5)

The Commission should be informed if, as a result of unusual developments on the


market, a Member State considers that protective measures might be necessary.

(6)

It is essential that examination should take place at Union level, in particular on the
basis of any such information, of export terms and conditions, of export trends, of the
various aspects of the economic and commercial situation, and of the measures, if any,
to be taken.

(7)

It may become apparent from this examination that the Union should exercise
surveillance over certain exports, or that interim protective measures should be
introduced as a safeguard against unforeseen practices.

(8)

Any protective measures necessitated by the interests of the Union should be adopted
with due regard for existing international obligations.

97

(9)

It is necessary to authorise Member States which are bound by international


commitments setting up, in cases of actual or potential supply difficulties, a system for
the allocation of oil products between contracting parties to comply with the resulting
obligations vis--vis third countries, without prejudice to Union provisions adopted to
the same end. This authorisation should apply until the adoption by the European
Parliament and the Council of appropriate measures pursuant to commitments entered
into by the Union or all the Member States.

(10)

This Regulation should apply to all products, whether industrial or agricultural. Its
operation should be complementary to that of the instruments establishing the common
organisation of agricultural markets, and to that of the special instruments adopted
under Article 352 of the Treaty for processed agricultural products. Any overlap
between the provisions of this Regulation and the provisions of those instruments,
particularly the protective clauses thereof, must however be avoided.

98

(11)

The implementation of this Regulation requires uniform conditions for the adoption of
protective measures. Those measures should be adopted by the Commission in
accordance with Regulation (EU) No 182/2011 of the European Parliament and of the
Council1,

HAVE ADOPTED THIS REGULATION:


CHAPTER I
BASIC PRINCIPLE
Article 1
The exportation of products from the Union to third countries shall be free, that is to say, they
shall not be subject to any quantitative restriction, with the exception of those restrictions which
are applied in conformity with this Regulation.

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16


February 2011 laying down the rules and general principles concerning mechanisms
for control by Member States of the Commission's exercise of implementing powers
(OJ L 55, 28.2.2011, p. 13).

99

CHAPTER II
UNION INFORMATION AND CONSULTATION PROCEDURE
Article 2
If, as a result of any unusual developments on the market, a Member State considers that
protective measures within the meaning of Chapter III might be necessary, it shall so notify the
Commission, which shall advise the other Member States.
Article 3
1.

The Commission shall be assisted by the Committee on Safeguards, established by


Regulation (EU) 2015/ of the European Parliament and of the Council1. That
Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011


shall apply.

3.

Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011,


in conjunction with Article 5 thereof, shall apply.

Regulation (EU) 2015/ of the European Parliament and of the Council of [] on


common rules for imports (OJ L [], [], p. []).
OJ: please insert the number of the Regulation contained in 2014/0166(COD)
and complete footnote 1 with number, date and OJ reference of that Regulation.

100

Article 4
For the purpose of assessing the economic and commercial situation as regards a particular
product, the Commission may request Member States to supply statistical data on market trends
in that product and, to this end, acting in accordance with their national legislation and with a
procedure to be specified by the Commission, to exercise surveillance over exports of such
product. Member States shall take whatever steps are necessary in order to give effect to
requests from the Commission and shall forward to the Commission the data requested. The
Commission shall inform the other Member States.
CHAPTER III
PROTECTIVE MEASURES
Article 5
1.

In order to prevent a critical situation from arising on account of a shortage of essential


products, or to remedy such a situation, and where Union interests call for immediate
intervention, the Commission, acting at the request of a Member State or on its own
initiative, and taking account of the nature of the products and of the other particular
features of the transactions in question, may make the export of a product subject to
the production of an export authorisation, the granting of which shall be governed by
such provisions and subject to such limits as the Commission shall lay down in
accordance with the examination procedure referred to in Article 3(2), or, in cases of
urgency, in accordance with Article 3(3).

101

2.

The European Parliament, the Council and the Member States shall be notified of the
measures taken. Such measures shall take effect immediately.

3.

The measures may be limited to exports to certain countries or to exports from certain
regions of the Union. They shall not affect products already on their way to the Union
frontier.

4.

Where intervention by the Commission has been requested by a Member State, the
Commission shall take a decision pursuant to paragraph 1 within a maximum of five
working days of the date of receipt of such request.

5.

Where the Commission has acted pursuant to paragraph 1 of this Article, it shall, not
later than 12 working days following the date of entry into force of the measure which
it has taken, decide whether to adopt appropriate measures as provided for in Article 6.
If, at the end of six weeks following the date of entry into force of the measure, no
measures have been adopted, the measure in question shall be deemed revoked.

102

Article 6
1.

Where the interests of the Union so require, the Commission may, acting in accordance
with the examination procedure referred to in Article 3(2), adopt appropriate measures:
(a)

to prevent a critical situation from arising owing to a shortage of essential


products, or to remedy such a situation;

(b)

to allow international undertakings entered into by the Union or all the Member
States to be fulfilled, in particular those relating to trade in primary products.

2.

The measures referred to in paragraph 1 may be limited to exports to certain countries


or to exports from certain regions of the Union . They shall not affect products already
on their way to the Union frontier.

3.

When quantitative restrictions on exports are introduced, account shall be taken in


particular of:
(a)

the volume of goods exported under contracts concluded on normal terms and
conditions before the entry into force of a protective measure within the meaning
of this Chapter and notified by the Member State concerned to the Commission
in conformity with its national laws; and

103

(b)

the need to avoid jeopardising the achievement of the aim pursued in introducing
quantitative restrictions.
Article 7

1.

While any measure referred to in Articles 5 and 6 is in operation, the Commission may,
either at the request of a Member State or on its own initiative:
(a)

examine the effects of the measure;

(b)

ascertain whether the application of the measure is still necessary.

Where the Commission considers that the application of the measure is still necessary,
it shall inform the Member States accordingly.
2.

Where the Commission considers that any measure provided for in Article 5 or 6
should be revoked or amended, it shall act in accordance with the examination
procedure referred to in Article 3(2).

104

CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS
Article 8
In respect of products listed in Annex I, until the European Parliament and the Council adopt
appropriate measures pursuant to international commitments entered into by the Union or all
the Member States, Member States shall, without prejudice to rules adopted by the Union in
this field, be authorised to implement the emergency sharing system introducing an allocation
obligation vis--vis third countries provided for in international commitments entered into
before the entry into force of this Regulation.
Member States shall inform the Commission of measures they intend to adopt. The measures
adopted shall be communicated by the Commission to the Council and other Member States.
Article 9
The Commission shall include information on the implementation of this Regulation in its
annual report on the application and implementation of trade defence measures presented to the
European Parliament and to the Council pursuant to Article 22a of Council Regulation (EC)
No 1225/20091.

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against


dumped imports from countries not members of the European Community (OJ L 343,
22.12.2009, p. 51).

105

Article 10
Without prejudice to other Union provisions, this Regulation shall not preclude the adoption or
application by a Member State of quantitative restrictions on exports on grounds of public
morality, public policy or public security, or of protection of health and life of humans, animals
and plants, of national treasures possessing artistic, historic or archaeological value, or of
industrial and commercial property.
Article 11
This Regulation shall be without prejudice to the operation of the instruments establishing the
common organisation of agricultural markets, or of the special instruments adopted under
Article 352 of the Treaty for processed agricultural products. It shall operate by way of
complement to those instruments.
However, in the case of products covered by such instruments, Article 5 shall not apply to those
in respect of which the Union rules on trade with third countries make provision for the
application of quantitative export restrictions. Article 4 shall not apply to those products in
respect of which such rules require the production of a licence or other export document.

106

Article 12
Regulation (EC) No 1061/2009 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and
shall be read in accordance with the correlation table in Annex III.
Article 13
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at ,
For the European Parliament

For the Council

The President

The President

107

ANNEX I
Products referred to in Article 8
CN code

Description

270900

Petroleum oils and oils obtained from bituminous minerals, crude

2710

Petroleum oils and oils obtained from bituminous minerals, other than
crude; preparations not elsewhere specified or included, containing by
weight 70 % or more of petroleum oils or of oils obtained from
bituminous minerals, these oils being the basic constituents of the
preparations; waste oils:

27101111 to
27101190

Light oils

27101911 to
27101929

Medium oils

27101931 to
27101999

Heavy oils, except lubricating oils, used in clocks and watches and the
like, presented in small receptacles containing not more than 250 g net
of oil

2711

Petroleum gases and other gaseous hydrocarbons:


Liquefied:

271112

Propane:
Propane of a purity not less than 99 %
Other

271113

Butanes
In gaseous state:

ex27112900

Other:
Propane
Butanes
_____________

108

ANNEX II
Repealed Regulation with the amendment thereto
Council Regulation (EC) No 1061/2009
(OJ L 291, 7.11.2009, p. 1)
Regulation (EU) No 37/2014 of the European Parliament
and of the Council
(OJ L 18, 21.1.2014, p. 1)
_____________

109

Only point 21 of the Annex

ANNEX III
CORRELATION TABLE
Regulation (EC) No 1061/2009

This Regulation

Article 1

Article 1

Article 2

Article 2

Article 4

Article 3

Article 5

Article 4

Article 6

Article 5

Article 7

Article 6

Article 8

Article 7

Article 9

Article 8

Article 9a

Article 9

Article 10

Article 10

Article 11

Article 11

Article 12

Article 12

Article 13

Article 13

Annex I

Annex I

Annex II

Annex II

Annex III

Annex III
_____________

110

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0020
The accession of Gabon to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction *
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Gabon to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction (COM(2011)0904 C8-0263/2014
2011/0441(NLE))
(Consultation)

The European Parliament,


having regard to the proposal for a Council decision (COM(2011)0904),
having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction,
having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the
Treaty on the Functioning of the European Union, pursuant to which the Council consulted
Parliament (C8-0263/2014),
having regard to the opinion of the Court of Justice of 14 October 2014,
having regard to Rules 59 and 108(7) of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0007/2015),
1. Approves the proposal for a Council decision and approves the acceptance of the accession;
2. Instructs its President to forward its position to the Council, the Commission and the
governments and parliaments of the Member States and of Gabon.

111

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0021
The accession of Andorra to the 1980 Hague Convention on the Civil Aspects
of International Child Abduction *
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Andorra to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0908 C8-0264/2014
2011/0443(NLE))
(Consultation)

The European Parliament,


having regard to the proposal for a Council decision (COM(2011)0908),
having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction,
having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the
Treaty on the Functioning of the European Union, pursuant to which the Council consulted
Parliament (C8-0264/2014),
having regard to the opinion of the Court of Justice of 14 October 2014,
having regard to Rules 59 and 108(7) of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0004/2015),
1. Approves the proposal for a Council decision and approves the acceptance of the accession;
2. Instructs its President to forward its position to the Council, the Commission and the
governments and parliaments of the Member States and of Andorra.

112

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0022
The accession of Seychelles to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction *
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Seychelles to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0909 C8-0265/2014
2011/0444(NLE))
(Consultation)

The European Parliament,


having regard to the proposal for a Council decision (COM(2011)0909),
having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction,
having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the
Treaty on the Functioning of the European Union, pursuant to which the Council consulted
Parliament (C8-0265/2014),
having regard to the opinion of the Court of Justice of 14 October 2014,
having regard to Rules 59 and 108(7) of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0006/2015),
1. Approves the proposal for a Council decision and approves the acceptance of the accession;
2. Instructs its President to forward its position to the Council, the Commission and the
governments and parliaments of the Member States and of Seychelles.

113

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0023
The accession of the Russian Federation to the 1980 Hague Convention on
the Civil Aspects of International Child Abduction *
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of the Russian Federation to the 1980 Hague
Convention on the Civil Aspects of International Child Abduction (COM(2011)0911 C80266/2014 2011/0447(NLE))
(Consultation)

The European Parliament,


having regard to the proposal for a Council decision (COM(2011)0911),
having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction,
having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the
Treaty on the Functioning of the European Union, pursuant to which the Council consulted
Parliament (C8-0266/2014),
having regard to the opinion of the Court of Justice of 14 October 2014,
having regard to Rules 59 and 108(7) of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0008/2015),
1. Approves the proposal for a Council decision and approves the acceptance of the accession;
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 Russian Federation.

114

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0024
The accession of Albania to the 1980 Hague Convention on the Civil Aspects
of International Child Abduction *
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Albania to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0912 C8-0262/2014
2011/0448(NLE))
(Consultation)

The European Parliament,


having regard to the proposal for a Council decision (COM(2011)0912),
having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction,
having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the
Treaty on the Functioning of the European Union, pursuant to which the Council consulted
Parliament (C8-0262/2014),
having regard to the opinion of the Court of Justice of 14 October 2014,
having regard to Rules 59 and 108(7) of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0002/2015),
1. Approves the proposal for a Council decision and approves the acceptance of the accession;
2. Instructs its President to forward its position to the Council, the Commission and the
governments and parliaments of the Member States and of Albania.

115

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0025
The accession of Singapore to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction *
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Singapore to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0915 C8-0267/2014
2011/0450(NLE))
(Consultation)

The European Parliament,


having regard to the proposal for a Council decision (COM(2011)0915),
having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction,
having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the
Treaty on the Functioning of the European Union, pursuant to which the Council consulted
Parliament (C8-0267/2014),
having regard to the opinion of the Court of Justice of 14 October 2014,
having regard to Rules 59 and 108(7) of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0003/2015),
1. Approves the proposal for a Council decision and approves the acceptance of the accession;
2. Instructs its President to forward its position to the Council, the Commission and the
governments and parliaments of the Member States and of Singapore.

116

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0026
The accession of Morocco to the 1980 Hague Convention on the Civil Aspects
of International Child Abduction *
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Morocco to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0916 C8-0268/2014
2011/0451(NLE))
(Consultation)

The European Parliament,


having regard to the proposal for a Council decision (COM(2011)0916),
having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction,
having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the
Treaty on the Functioning of the European Union, pursuant to which the Council consulted
Parliament (C8-0268/2014),
having regard to the opinion of the Court of Justice of 14 October 2014,
having regard to Rules 59 and 108(7) of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0005/2015),
1. Approves the proposal for a Council decision and approves the acceptance of the accession;
2. Instructs its President to forward its position to the Council, the Commission and the
governments and parliaments of the Member States and of Morocco.

117

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0027
The accession of Armenia to the 1980 Hague Convention on the Civil Aspects
of International Child Abduction *
European Parliament legislative resolution of 11 February 2015 on the proposal for a
Council decision on the declaration of acceptance by the Member States, in the interest of
the European Union, of the accession of Armenia to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction (COM(2011)0917 C8-0269/2014
2011/0452(NLE))
(Consultation)

The European Parliament,


having regard to the proposal for a Council decision (COM(2011)0917),
having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction,
having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the
Treaty on the Functioning of the European Union, pursuant to which the Council consulted
Parliament (C8-0269/2014),
having regard to the opinion of the Court of Justice of 14 October 2014,
having regard to Rules 59 and 108(7) of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A8-0009/2015),
1. Approves the proposal for a Council decision and approves the acceptance of the accession;
2. Instructs its President to forward its position to the Council, the Commission and the
governments and parliaments of the Member States and of Armenia.

118

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0028
Verification of credentials
European Parliament decision of 11 February 2015 on the verification of credentials
(2014/2165(REG))
The European Parliament,
having regard to the Act of 20 September 1976 concerning the election of the Members of
the European Parliament by direct universal suffrage1,
having regard to its decision of 28 September 2005 adopting the Statute for Members of the
European Parliament2, in particular Articles 2(1) and 3(1) thereof,
having regard to Council Directive 93/109/EC of 6 December 1993 laying down detailed
arrangements for the exercise of the right to vote and stand as a candidate in elections to the
European Parliament for citizens of the Union residing in a Member State of which they are
not nationals3,
having regard to the judgments of the Court of Justice of the European Union of 7 July 2005
and 30 April 20094,
having regard to Rules 3, 4, and 11 of and Annex I to its Rules of Procedure,
having regard to the official notifications from the competent authorities of the Member
States of the results of the election to the European Parliament,
having regard to the report of the Committee on Legal Affairs (A8-0013/2015),
A. whereas Article 7(1) and (2) of the Act of 20 September 1976 clearly set out the offices that
are incompatible with the office of Member of the European Parliament;
1
2
3
4

OJ L 278, 8.10.1976, p. 5.
OJ L 262, 7.10.2005, p. 1.
OJ L 329, 30.12.1993, p. 34.
Judgment in Le Pen vs Parliament, C-208/03, EU:C:2005:429; and judgment in Italy
and Donnici vs Parliament, C-393/07 and C-9/08, EU:C:2009:275.

119

B. whereas under Rule 11 of and Annex I to the Rules of Procedure Members are required to
make a detailed declaration of their professional activities and any other remunerated
functions or activities;
C. whereas all of the Member States have notified Parliament of the names of the elected
candidates, but some of them have not yet forwarded or have done so with a delay the
lists of any substitutes, together with their ranking in accordance with the results of the vote,
as required under Rule 3(4) of the Rules of Procedure;
D. whereas in some cases Member States provided partial notification of elected candidates
and forwarded further details subsequently;
E. whereas in some Member States objections to the election of some Members of the
European Parliament are being considered in accordance with national legislation and
whereas these procedures could result in the annulment of the election of the Members
concerned;
F. whereas, pursuant to Article 12 of the Act of 20 September 1976, Parliament is required to
rule on any disputes concerning the validity of the mandate of its Members only where these
relate to breaches of the provisions of the above-mentioned Act, and not in the case of
breaches of the national electoral provisions to which the Act refers;
G. whereas in order to verify the credentials of its Members in accordance with Article 12 of
the Act of 1976, Parliament must take note of the results of the election as officially
declared by the competent authorities of the Member States, with no possibility for
discretion in the matter; whereas, however, this provision does not prevent Parliament from
reporting, where appropriate, potential cases of incompatibility between the national
electoral legislation, on which the results are based, and EU law;
H. whereas the nationals of certain Member States who have been living in another country for
a given period of time can be deprived of the right to vote in their home Member State
(disenfranchisement); whereas in some cases this may also entail the deprivation of the right
to stand as a candidate;
I. whereas the UK Electoral Commission has reported that a number of nationals of other
Member States who are resident in the UK could not exercise their right to vote at the last
European election;
1. Declares valid, subject to any decisions by the competent authorities of Member States in
which the election results have been disputed, the mandate of the Members of the European
Parliament listed in the annex to this decision whose election has been notified by the
competent national authorities and who have made the written declarations required on the
basis of Article 7(1) and (2) of the Act of 20 September 1976 and Annex I to the Rules of
Procedure;
2. Repeats its request to the competent national authorities not only promptly to notify it of all
the names of the elected candidates but also to forward the names of any substitutes,
together with their ranking in accordance with the results of the vote;
3. Calls on the competent authorities of the Member States to complete without delay the
examination of the disputes referred to them and to notify Parliament of the results;

120

4. Considers that disenfranchisement is tantamount to punishing nationals who have exercised


the right of free movement within the EU (Article 20(2)(a) TFEU), to denying them their
right to vote and to stand as candidates in elections to the European Parliament in their
Member State of residence (Article 20(2)(b) TFEU) and to violating the principle of direct
universal suffrage (Article 14(3) TEU and Article 1(3) of the Act of 1976); takes the view
that under no circumstances may disenfranchisement apply to European elections and calls
on the Commission to ensure that none of the Member States provides for that possibility;
5. Calls on Member States to ensure that the registration formalities relating to the
participation of nationals of other Member States in the European elections, whether as
voters or as candidates, are simplified, in particular by removing unnecessary administrative
barriers so as to make the rights referred to under Article 20(2)(a) and (b) TFEU effective;
requests that the Commission ensure that the practices of the Member States comply with
EU law;
6. Instructs its President to forward this decision to the Commission and the competent
national authorities and the parliaments of the Member States.

121

ANNEX
List of Members of the European Parliament whose mandate is declared valid
MEMBERS OF PARLIAMENT BY MEMBER STATE
(1 July 2014)
Belgium (21 Members)
ANNEMANS Gerolf
ARENA Maria
ARIMONT Pascal
BAYET Hugues
BELET Ivo
DE BACKER Philippe
DEMESMAEKER Mark
DEPREZ Grard
IDE Louis*
LAMBERTS Philippe
LOONES Sander**
MICHEL Louis
NEYTS-UYTTEBROECK Annemie***
RIES Frdrique
ROLIN Claude
STAES Bart
STEVENS Helga
TARABELLA Marc
THYSSEN Marianne****
VAN BREMPT Kathleen
VANDENKENDELAERE Tom*****
VAN OVERTVELDT Johan******
VERHOFSTADT Guy
(*)
(**)

Mr Louis IDEs mandate ended on 19 December 2014.


Mandate valid with effect from 14 October 2014, date of the notification by the
competent national authority of the election of Mr Sander LOONES to replace Mr Johan
VAN OVERTVELDT.

(***) Ms Annemie NEYTS-UYTTEBROECKs mandate ended on 1 January 2015.


(****) Ms Marianne THYSSENs mandate ended on 1 November 2014.
(*****)

Mandate valid with effect from 6 November 2014, date of the notification by the
competent national authority of the election of Mr Tom VANDENKENDELAERE
to replace Ms Marianne THYSSEN.

(******) Mr Johan VAN OVERTVELDT's mandate ended on 11 October 2014.

122

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Bulgaria (17 Members)

ALI Nedzhmi
BAREKOV Nikolay
DONCHEV Tomislav*
DZHAMBAZKI Angel
GABRIEL Mariya
HYUSMENOVA Filiz Hakaeva
IOTOVA Iliana Malinova
KOVATCHEV Andrey
KYUCHYUK Ilhan
MALINOV Svetoslav Hristov
MIHAYLOVA Iskra
NEKOV Momchil
NOVAKOV Andrey **
PAUNOVA Eva
PIRINSKI Georgi
RADEV Emil
STANISHEV Sergey
URUTCHEV Vladimir
(*)

Mr Tomislav DONCHEVs mandate ended on 7 November 2014.

(**) Mandate valid with effect from 24 November 2014, date of the notification by the
competent national authority of the election of Mr Andrey NOVAKOV to replace Mr
Tomislav DONCHEV.

123

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Czech Republic (21 Members)

CHARANZOV Dita
DLABAJOV Martina
JEEK Petr
KELLER Jan
KONEN Kateina
MACH Petr
MATLKA Ji
NIEDERMAYER Ludek
POC Pavel
POCHE Miroslav
POLK Stanislav
POSPIL Ji
RANSDORF Miloslav
SEHNALOV Olga
OJDROV Michaela
TTINA Jaromr
SVOBODA Pavel
TELIKA Pavel
TOENOVSK Even
ZAHRADIL Jan
ZDECHOVSK Tom

124

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Denmark (13 Members)

AUKEN Margrete
BENDTSEN Bendt
CHRISTENSEN Ole
DOHRMANN Jrn
KARI Rina Ronja
KARLSSON Rikke
KOFOD Jeppe
MESSERSCHMIDT Morten
PETERSEN Morten Helveg
ROHDE Jens
SCHALDEMOSE Christel
TRNS Ulla
VISTISEN Anders Primdahl

125

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Germany (96 Members)

ALBRECHT Jan Philipp


BALZ Burkhard
BGE Reimer
BROK Elmar
BUCHNER Klaus
BULLMANN Udo
BTIKOFER Reinhard
CASPARY Daniel
COLLIN-LANGEN Birgit
CRAMER Michael
DE MASI Fabio
DESS Albert
ECK Stefan
EHLER Christian
ERNST Cornelia
ERTUG Ismail
FERBER Markus
FLECKENSTEIN Knut
FLORENZ Karl-Heinz
GAHLER Michael
GEBHARDT Evelyne
GEIER Jens
GERICKE Arne
GIEGOLD Sven
GIESEKE Jens
GRSSLE Ingeborg
GROOTE Matthias
HNDEL Thomas
HARMS Rebecca
HUSLING Martin
HENKEL Hans-Olaf
HEUBUCH Maria
HOFFMANN Iris
HOHLMEIER Monika
JAHR Peter
KAMMEREVERT Petra
KAUFMANN Sylvia-Yvonne
KELLER Ska
KOCH Dieter-Lebrecht
KLMEL Bernd
KSTER Dietmar

126

KREHL Constanze Angela


KUHN Werner
LAMBSDORFF Alexander Graf
LANGE Bernd
LANGEN Werner
LEINEN Jo
LIESE Peter
LIETZ Arne
LINS Norbert
LOCHBIHLER Barbara
LSING Sabine
LUCKE Bernd
McALLISTER David
MANN Thomas
MEISSNER Gesine
MELIOR Susanne
MICHELS Martina
MLLER Ulrike
NEUSER Norbert
NIEBLER Angelika
NOICHL Maria
PIEPER Markus
PRETZELL Marcus
PREUSS Gabriele
QUISTHOUDT-ROWOHL Godelieve
REDA Julia
REINTKE Theresa
REUL Herbert
RODUST Ulrike
SCHOLZ Helmut
SCHULZ Martin
SCHULZE Sven
SCHUSTER Joachim
SCHWAB Andreas
SIMON Peter
SIPPEL Birgit
SOMMER Renate
SONNEBORN Martin
STARBATTY Joachim
STEINRUCK Jutta
von STORCH Beatrix
THEURER Michael
TREBESIUS Ulrike
TRPEL Helga
VERHEYEN Sabine
VOIGT Udo
VOSS Axel
WEBER Manfred
von WEIZSCKER Jakob
WERNER Martina

127

WESTPHAL Kerstin
WIELAND Rainer
WINKLER Hermann
ZELLER Joachim
ZIMMER Gabriele

128

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Estonia (6 Members)

ANSIP Andrus*
KALLAS Kaja
KELAM Tunne
LAURISTIN Marju
PAET Urmas**
TARAND Indrek
TOOM Yana
(*)

Mr Andrus ANSIPs mandate ended on 1 November 2014.

(**) Mandate valid with effect from 3 November 2014, date of the notification by the
competent national authority of the election of Mr Urmas PAET to replace Mr Andrus
ANSIP.

129

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Ireland (11 Members)

BOYLAN Lynn
CARTY Matt
CHILDERS Nessa
CLUNE Deirdre
CROWLEY Brian
FLANAGAN Luke Ming
HARKIN Marian
HAYES Brian
KELLY Sen
McGUINNESS Mairead
N RIADA Liadh

130

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Greece (21 Members)

ANDROULAKIS Nikos
CHRYSOGONOS Konstantinos
EPITIDEIOS Georgios
FOUNTOULIS Lampros
GLEZOS Emmanouil
GRAMMATIKAKIS Giorgos
KAILI Eva
KATROUGALOS Georgios*
KEFALOGIANNIS Manolis
KUNEVA Kostadinka
KYRKOS Miltiadis
KYRTSOS Georgios
MARIAS Notis
PAPADAKIS Konstantinos
PAPADIMOULIS Dimitrios
SAKORAFA Sofia
SPYRAKI Maria
SYNADINOS Eleytherios
VOZEMBERG Elissavet
ZAGORAKIS Theodoros
ZARIANOPOULOS Sotirios
(*)

Mr Georgios KATROUGALOSs mandate ended on 27 January 2015.

131

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Spain (54 Members)

AGUILERA GARCA Clara Eugenia


ALBIOL GUZMN Marina
ARIAS CAETE Miguel*
AYALA SENDER Ins
AYUSO Pilar
BECERRA BASTERRECHEA Beatriz
BILBAO BARANDICA Izaskun
BLANCO LPEZ Jos
CABEZN RUIZ Soledad
CALVET CHAMBON Enrique**
COUSO PERMUY Javier***
del CASTILLO VERA Pilar
de GRANDES PASCUAL Luis
DAZ DE MERA GARCA
CONSUEGRA Agustn
ECHENIQUE ROBBA Pablo
ESTARS FERRAGUT Rosa
FERNNDEZ LVAREZ Jons
FISAS AYXEL Santiago
GAMBS Francesc
GARCA PREZ Iratxe
GARDIAZABAL RUBIAL Eider
GIRAUTA VIDAL Juan Carlos
GONZLEZ PEAS Tania****
GONZLEZ PONS Esteban
GUERRERO SALOM Enrique
GUTIRREZ PRIETO Sergio
HERRANZ GARCA Esther
IGLESIAS TURRIN Pablo
ITURGAIZ Carlos*****
JUREGUI ATONDO Ramn
JIMNEZ-BECERRIL BARRIO Teresa
JIMNEZ VILLAREJO Carlos******
JUARISTI ABAUNZ Iosu Mirena
LOPE FONTAGN Vernica
LPEZ AGUILAR Juan Fernando
LPEZ BERMEJO Paloma
LPEZ FERNNDEZ Javier
LPEZ-ISTRIZ WHITE Antonio
MARAGALL Ernest

132

MATO ADROVER Gabriel


MAURA BARANDIARN Fernando
MEYER Willy*******
MILLN MON Francisco Jos
NART Javier
PAGAZAURTUNDA RUIZ Mara Teresa
RODRIGUEZ-RUBIO VZQUEZ Maria Teresa
SNCHEZ CALDENTEY Lola
SEBASTI TALAVERA Jordi
SENRA RODRGUEZ Mara Lidia
SOSA WAGNER Francisco********
TERRICABRAS Josep-Maria
TREMOSA i BALCELLS Ramon
URTASUN Ernest
VALCRCEL SISO Ramn Luis
VALENCIANO MARTNEZ-OROZCO Elena
VALLINA DE LA NOVAL ngela Rosa
ZALBA BIDEGAIN Pablo
(*)

Mr Miguel ARIAS CAETEs mandate ended on 1 November 2014.

(**)

Mandate valid with effect from 20 November 2014, date of the notification
by the competent national authority of the election of Mr Enrique
CALVET CHAMBON to replace Mr Francisco SOSA WAGNER.

(***) Mandate valid with effect from 15 July 2014, date of the notification by the competent
national authority of the election of M Javier COUSO PERMUY to replace Mr Willy
MEYER.
(****) Mandate valid with effect from 11 September 2014, date of the notification by the
competent national authority of the election of Ms Tania GONZLEZ PEAS to
replace Mr Carlos JIMNEZ VILLAREJO.
(*****)Mandate valid with effect from 6 November 2014, date of the notification
by the competent national authority of the election of Mr Carlos
ITURGAIZ to replace Mr Miguel ARIAS CAETE.
(******) Mr Carlos JIMNEZ VILLAREJO's mandate ended on 1 August 2014.
(*******) Mr Willy MEYER's mandate ended on 10 July 2014.
(********) Mr Francisco SOSA WAGNER's mandate ended on 20 October 2014.

133

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
France (74 Members)

ALIOT Louis
ALLIOT-MARIE Michle
ANDRIEU Eric
ARNAUTU Marie-Christine
ARTHUIS Jean
BALAS Guillaume
BAY Nicolas
BERS Pervenche
BERGERON Jolle
BILDE Dominique
BOUTONNET Marie-Christine
BOV Jos
BRIOIS Steeve
CADEC Alain
CAVADA Jean-Marie
CHAUPRADE Aymeric
DANJEAN Arnaud
DANTIN Michel
DATI Rachida
DELAHAYE Anglique
DELLI Karima
DENANOT Jean-Paul
de SARNEZ Marielle
D'ORNANO Mireille
DURAND Pascal
FERRAND Edouard
GODDYN SYLVIE
GOLLNISCH Bruno
GOULARD Sylvie
GRIESBECK Nathalie
GROSSETTE Franoise
GUILLAUME Sylvie
HORTEFEUX Brice
JADOT Yannick
JALKH Jean-Franois
JOLY Eva
JOULAUD Marc
JUVIN Philippe
LAMASSOURE Alain
LAVRILLEUX Jrme
LEBRETON Gilles

134

LE GRIP Constance
LE HYARIC Patrick
LE PEN Jean-Marie
LE PEN Marine
LOISEAU Philippe
MANSCOUR Louis-Joseph
MARTIN Dominique
MARTIN Edouard
MAUREL Emmanuel
MLENCHON Jean-Luc
MELIN Joelle
MONOT Bernard
MONTEL Sophie
MORANO Nadine
MORIN-CHARTIER Elisabeth
MUSELIER Renaud
OMARJEE Younous
PARGNEAUX Gilles
PEILLON Vincent
PHILIPPOT Florian
PONGA Maurice
PROUST Franck
REVAULT D'ALLONNES BONNEFOY Christine
RIQUET Dominique
RIVASI Michle
ROCHEFORT Robert
ROZIRE Virginie
SAFI Tokia
SANDER Anne
SCHAFFHAUSER Jean-Luc
THOMAS Isabelle
TROSZCZYNSKI Mylne
VERGIAT Marie-Christine

135

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Italy (73 Members)

ADINOLFI Isabella
AFFRONTE Marco
AGEA Laura
AIUTO Daniela
BEGHIN Tiziana
BENIFEI Brando Maria
BETTINI Goffredo Maria
BIZZOTTO Mara
BONAF Simona
BORGHEZIO Mario
BORRELLI Davide
BRESSO Mercedes
BRIANO Renata
BUONANNO Gianluca
CAPUTO Nicola
CASTALDO Fabio Massimo
CESA Lorenzo
CHINNICI Caterina
CICU Salvatore
CIRIO Alberto
COFFERATI Sergio Gaetano
COMI Lara
CORRAO Ignazio
COSTA Silvia
COZZOLINO Andrea
D'AMATO Rosa
DANTI Nicola
DE CASTRO Paolo
DE MONTE Isabella
DORFMANN Herbert
EVI Eleonora
FERRARA Laura
FITTO Raffaele
FONTANA Lorenzo*
FORENZA Eleonora
GARDINI Elisabetta
GASBARRA Enrico
GENTILE Elena
GIUFFRIDA Michela
GUALTIERI Roberto
KYENGE Kashetu

136

LA VIA Giovanni
MALTESE Curzio
MARTUSCIELLO Fulvio
MATERA Barbara
MOI Giulia
MORETTI Alessandra**
MORGANO Luigi
MOSCA Alessia Maria
MUSSOLINI Alessandra
PANZERI Pier Antonio
PAOLUCCI Massimo
PATRICIELLO Aldo
PEDICINI Piernicola
PICIERNO Giuseppina
PITTELLA Gianni
POGLIESE Salvatore Domenico
SALINI Massimiliano
SALVINI Matteo
SASSOLI David-Maria
SCHLEIN Elena Ethel
SERNAGIOTTO Remo
SORU Renato
SPINELLI Barbara
TAJANI Antonio
TAMBURRANO Dario
TOIA Patrizia
TOSI Flavio***
TOTI Giovanni
VALLI Marco
VIOTTI Daniele
ZANNI Marco
ZANONATO Flavio
ZULLO Marco

(*)

Mandate valid with effect from 11 July 2014, date of the notification by the competent
national authority of the election of Mr Lorenzo FONTANA to replace Mr Flavio TOSI.

(**) Ms Alessandra MORETTIs mandate ended on 2 February 2015.


(***) Mr Flavio TOSI's mandate ended on 9 July 2014.

137

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Cyprus (6 Members)

CHRISTOFOROU Lefteris*
HADJIGEORGIOU Takis
MAVRIDES Costas
PAPADAKIS Demetris
STYLIANIDES Christos**
SYLIKIOTIS Neoklis
THEOCHAROUS Eleni
(*)

Mandate valid with effect from 3 November 2014, date of the notification by the
competent national authority of the election of Mr Lefteris CHRISTOFOROU to
replace Mr Christos STYLIANIDES.

(**) Mr Christos STYLIANIDESs mandate ended on 1 November 2014.

138

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Latvia (8 Members)

DOMBROVSKIS Valdis*
GRIGULE Iveta
KALNIETE Sandra
KARI Krijnis
MAMIKINS Andrejs
PABRIKS Artis
VAIDERE Inese**
DANOKA Tatjana
ZLE Roberts
(*)

Mr Valdis DOMBROVSKISs mandate ended on 1 November 2014.

(**) Mandate valid with effect from 1 November 2014, date of the notification by the
competent national authority of the election of Ms Inese VAIDERE to replace Mr Valdis
DOMBROVSKIS.

139

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Lithuania (11 Members)

AUTREVIIUS Petras
BALYTIS Zigmantas
BLINKEVIIT Vilija
GUOGA Antanas
LANDSBERGIS Gabrielius
MAZURONIS Valentinas
PAKSAS Rolandas
ROP Bronis
SAUDARGAS Algirdas
TOMAEVSKI Valdemar
USPASKICH Viktor

140

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Luxembourg (6 Members)

BACH Georges
DELVAUX-STEHRES Mady
ENGEL Frank
GOERENS Charles
REDING Viviane
TURMES Claude

141

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Croatia (11 Members)

BORZAN Biljana
JAKOVI Ivan
MALETI Ivana
PETIR Marijana
PICULA Tonino
PLENKOVI Andrej
RADO Jozo
KRLEC Davor
STIER Davor Ivo
UICA Dubravka
TOMAI Rua

142

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Hungary (21 Members)

BALCZ Zoltn
BOCSKOR Andrea
DELI Andor
DEUTSCH Tams
ERDS Norbert
GL Kinga
GLL-PELCZ Ildik
GYRK Andrs
HLVNYI Gyrgy
JVOR Benedek
KSA dm
KOVCS Bla
MESZERICS Tams
MOLNR Csaba
MORVAI Krisztina
NIEDERMLLER Pter
SCHPFLIN Gyrgy
SZJER Jzsef
SZANYI Tibor Jen
TKS Lszl
UJHELYI Istvn

143

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Malta (6 Members)

CASA David
COMODINI CACHIA Therese
DALLI Miriam
METSOLA Roberta
MIZZI Marlene
SANT Alfred

144

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Netherlands (26 Members)

van BAALEN Johannes Cornelis


BELDER Bas
van de CAMP Wim
van DALEN Peter
EICKHOUT Bas
GERBRANDY Gerben-Jan
de GRAAFF Marcel
HAZEKAMP Antje Anna Helena
HUITEMA Jan
JANSEN Hans
de JONG Cornelis
JONGERIUS Agnes
de LANGE Esther
LENAERS Jeroen
MAEIJER Vicky
van MILTENBURG Matthijs
MINEUR Anne-Marie
van NIEUWENHUIZEN-WIJBENGA Cora
van NISTELROOIJ Lambert
PIRI Kati
SARGENTINI Judith
SCHAAKE Marietje
SCHREIJER-PIERIK Annie
STUGER Olaf
TANG Paul
in 't VELD Sophia

145

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Austria (18 Members)

BECKER Heinz K.
FREUND Eugen
KADENBACH Karin
KAPPEL Barbara
KARAS Othmar
KSTINGER Elisabeth
LEICHTFRIED Jrg
LUNACEK Ulrike
MAYER Georg
MLINAR Angelika
OBERMAYR Franz
REGNER Evelyn
REIMON Michel
RBIG Paul
SCHMIDT Claudia
VANA Monika
VILIMSKY Harald
WEIDENHOLZER Josef

146

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Poland (51 Members)

BONI Micha
BUZEK Jerzy
CZARNECKI Ryszard
DUDA Andrzej Sebastian
FOTYGA Anna Elbieta
GERINGER de OEDENBERG Lidia Joanna
GIEREK Adam
GOSIEWSKA Beata Barbara
GRBARCZYK Marek Jzef
GRZYB Andrzej
HETMAN Krzysztof
HBNER Danuta Maria
IWASZKIEWICZ Robert Jarosaw
JACKIEWICZ Dawid Bohdan
JAZOWIECKA Danuta
JUREK Marek
KALINOWSKI Jarosaw
KARSKI Karol Adam
KORWIN-MIKKE Janusz Ryszard
KOZOWSKA-RAJEWICZ Agnieszka
KRASNODBSKI Zdzisaw Marek
KUDRYCKA Barbara
KUMIUK Zbigniew Krzysztof
LEGUTKO Ryszard Antoni
LEWANDOWSKI Janusz
LIBERADZKI Bogusaw
UKACIJEWSKA Elbieta Katarzyna
YBACKA Krystyna
MARUSIK Micha
OLBRYCHT Jan
OG Stanisaw
PIECHA Bolesaw Grzegorz
PIOTROWSKI Mirosaw
PITERA Julia
PLURA Marek Mirosaw
PORBA Tomasz Piotr
ROSATI Dariusz
SARYUSZ-WOLSKI Jacek
SIEKIERSKI Czesaw Adam
SZEJNFELD Adam
THUN UND HOHENSTEIN Ra Grfin von

147

UJAZDOWSKI Kazimierz Micha


WASA Jarosaw Leszek
WENTA Bogdan Brunon
WINIEWSKA Jadwiga
WOJCIECHOWSKI Janusz
ZDROJEWSKI Bogdan Andrzej
ZEMKE Janusz Wadysaw
ZOTOWSKI Kosma Tadeusz
ZWIEFKA Tadeusz
TEK Stanisaw Jzef

148

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Portugal (21 Members)

ASSIS Francisco
COELHO Carlos
FARIA Jos Incio
FERNANDES Jos Manuel
FERREIRA Elisa
FERREIRA Joo
GOMES Ana
MARINHO E PINTO Antnio
MATIAS Marisa
MELO Nuno
MONTEIRO DE AGUIAR Cludia
RANGEL Paulo
RIBEIRO Sofia
RODRIGUES Liliana
RODRIGUES Maria Joo
RUAS Fernando
SERRO SANTOS Ricardo
SILVA PEREIRA Pedro
VIEGAS Miguel
ZORRINHO Carlos
ZUBER Ins Cristina

149

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Romania (32 Members)

BOTINARU Victor
BUDA Daniel
BUOI Cristian Silviu
CREU Corina*
CRISTEA Andi-Lucian
DNCIL Vasilica Viorica
DIACONU Mircea
DRGHICI Damian
FRUNZULIC Doru-Claudian
GRAPINI Maria
HELLVIG Eduard-Raul
IVAN Ctlin Sorin
MACOVEI Monica Luisa
MNESCU Ramona Nicole
MARINESCU Marian-Jean
MOIS Ionel-Sorin
MUREAN Siegfried Vasile
NEGRESCU Victor
NICA Dan
NICOLAI Norica
PACU Ioan Mircea
PAVEL Emilian**
PREDA Cristian Dan
REBEGA Constantin-Laureniu
SRBU Daciana Octavia
SGOR Csaba
STOLOJAN Theodor Dumitru
TNSESCU Claudiu Ciprian
TAPARDEL Ana-Claudia
UNGUREANU Traian
VLEAN Adina-Ioana
WEBER Renate
WINKLER Iuliu
(*)

Ms Corina CREUs mandate ended on 1 November 2014.

(**) Mandate valid with effect from 1 November 2014, date of the notification by the
competent national authority of the election of Mr Emilian PAVEL to replace Ms Corina
CREU.

150

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Slovenia (8 Members)

BOGOVI Franc
FAJON Tanja
PETERLE Alojz
OLTES Igor
ULIN Patricija
TOMC Romana
VAJGL Ivo
ZVER Milan

151

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Slovakia (13 Members)

CSKY Pl
FLAIKOV BEOV Monika
KUKAN Eduard
MAKA Vladimr
MIKOLIK Miroslav
NAGY Jzsef
SMOLKOV Monika
KRIPEK Branislav
TEFANEC Ivan
SULK Richard
ZBORSK Anna
ZALA Boris
ITANSK Jana

152

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Finland (13 Members)

HALLA-AHO Jussi
HAUTALA Heidi
JAAKONSAARI Liisa
JTTEENMKI Anneli
KUMPULA-NATRI Miapetra
KYLLNEN Merja
PIETIKINEN Sirpa
REHN Olli
SARVAMAA Petri
TERHO Sampo
TORVALDS Nils
VYRYNEN Paavo
VIRKKUNEN Henna

153

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
Sweden (20 Members)

ADAKTUSSON Lars
ANDERSSON Max
BJRK Malin
CEBALLOS Bodil
CORAZZA BILDT Anna Maria
ENGSTRM Linna*
ERIKSSON Peter
FEDERLEY Fredrick
FJELLNER Christofer
GUTELAND Jytte
HEDH Anna
HKMARK Gunnar
LVIN Isabella**
LUDVIGSSON Olle
LUNDGREN Peter
NILSSON Jens
PAULSEN Marit
POST Soraya
ULVSKOG Marita
WIKSTRM Cecilia
WINBERG Kristina

(*)

Mandate valid with effect from 8 October 2014, date of the notification by the
competent national authority of the election of Ms Linna ENGSTRM to replace Ms
Isabella LVIN.

(**)

Ms Isabella LVIN's mandate ended on 3 October 2014.

154

MEMBERS OF PARLIAMENT BY MEMBER STATE


(1 July 2014)
United Kingdom (73 Members)

AGNEW John Stuart


AKER Tim
ANDERSON Lucy
ANDERSON Martina
ARNOTT Jonathan
ASHWORTH Richard
ATKINSON Janice
BASHIR Amjad
BATTEN Gerard
BEARDER Catherine
BOURS Louise
BRADBOURN Philip*
BRANNEN Paul
CAMPBELL BANNERMAN David
CARVER Jim
COBURN David
COLLINS Jane
CORBETT Richard
DANCE Seb
(The Earl of) DARTMOUTH William
DEVA Nirj
DODDS Anneliese
DODDS Diane
DUNCAN Ian
ETHERIDGE Bill
EVANS Jill
FARAGE Nigel
FINCH Raymond
FORD Vicky
FOSTER Jacqueline
FOX Ashley
GILL Nathan
GILL Neena
GIRLING Julie
GRIFFIN Theresa
HANNAN Daniel
HELMER Roger
HONEYBALL Mary
HOOKEM Mike
HOWITT Richard
HUDGHTON Ian

155

JAMES Diane
KAMALL Syed
KARIM Sajjad
KHAN Afzal
KIRKHOPE Timothy
KIRTON-DARLING Jude
LAMBERT Jean
LEWER Andrew
McAVAN Linda
McCLARKIN Emma
McINTYRE Anthea
MARTIN David
MOODY Clare
MORAES Claude
NICHOLSON James
NUTTALL Paul
O'FLYNN Patrick
PARKER Margot
REID Julia
SCOTT CATO Molly
SEYMOUR Jill
SIMON Sion
SMITH Alyn
STIHLER Catherine
SWINBURNE Kay
TANNOCK Charles
TAYLOR Keith
VAN ORDEN Geoffrey
VAUGHAN Derek
WARD Julie
WILLMOTT Glenis
WOOLFE Steven
(*)

Mr Philip BRADBOURN's mandate ended on 20 December 2014.

156

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0029
Cross-border exchange of information on road safety related traffic
offences ***I
European Parliament legislative resolution of 11 February 2015 on the proposal for a
directive of the European Parliament and of the Council on facilitating cross-border
exchange of information on road safety related traffic offences (COM(2014)0476 C80113/2014 2014/0218(COD))
(Ordinary legislative procedure: first reading)

The European Parliament,


having regard to the Commission proposal to Parliament and the Council
(COM(2014)0476),
having regard to Article 294(2) and Article 91(1)(c) of the Treaty on the Functioning of
the European Union, pursuant to which the Commission submitted the proposal to
Parliament (C8-0113/2014),
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 15
October 20141,
after consulting the Committee of the Regions,
having regard to Rule 59 of its Rules of Procedure,
having regard to the report of the Committee on Transport and Tourism (A8-0001/2015),
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;
1

OJ C 12, 15.1.2015, p. 115.

157

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

158

P8_TC1-COD(2014)0218
Position of the European Parliament adopted at first reading on 11 February 2015 with
a view to the adoption of Directive (EU) 2015/... of the European Parliament and of the
Council facilitating cross-border exchange of information on road safety related traffic
offences
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 91(1)(c) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee1,
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure2,
Whereas:
(1)

Improving road safety is a prime objective of the Union's transport policy. The Union
is pursuing a policy to improve road safety with the objective of reducing fatalities,
injuries and material damage. An important element of that policy is the consistent
enforcement of sanctions for road traffic offences committed in the Union which
considerably jeopardise road safety.

(2)

However, due to a lack of appropriate procedures and notwithstanding existing


possibilities under Council Decision 2008/615/JHA3 and Council Decision
2008/616/JHA4 (the 'Prm Decisions'), sanctions in the form of financial penalties for
certain road traffic offences are often not enforced if those offences are committed

1
2
3

OJ C 12, 15.1.2015, p. 115.


Position of the European Parliament of 11 February 2015.
Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border
cooperation, particularly in combating terrorism and cross-border crime (OJ L 210,
6.8.2008, p. 1).
Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision
2008/615/JHA on the stepping up of cross-border cooperation, particularly in
combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).

159

with a vehicle which is registered in a Member State other than the Member State
where the offence took place. This Directive aims to ensure that even in such cases,
the effectiveness of the investigation of road safety related traffic offences should be
ensured.
(3)

In its Communication of 20 July 2010 entitled 'Towards a European road safety area:
policy orientations on road safety 2011-2020', the Commission emphasised that
enforcement of road traffic rules remains a key factor in creating the conditions for a
considerable reduction in the number of deaths and injuries. In its conclusions of 2
December 2010 on road safety, the Council called for consideration of the need for
further strengthening of enforcement of road traffic rules by Member States and,
where appropriate, at Union level. It invited the Commission to examine the
possibilities of harmonising traffic rules at Union level where appropriate and
adopting further measures on facilitating cross-border enforcement with regard to
road traffic offences, in particular those related to serious traffic accidents.

(4)

On 19 March 2008, the Commission adopted a proposal for a Directive of the


European Parliament and of the Council facilitating cross-border enforcement in the
field of road safety on the basis of Article 71(1)(c) of the Treaty establishing the
European Community (now Article 91 of Treaty on the Functioning of the European
Union (TFEU)). Directive 2011/82/EU of the European Parliament and of the
Council1 was, however, adopted on the basis of Article 87(2) TFEU. The judgment
of the Court of Justice of 6 May 2014 in Case C-43/122 annulled Directive
2011/82/EU on the grounds that it could not validly be adopted on the basis of
Article 87(2) TFEU. The judgment maintained the effects of Directive 2011/82/EU
until the entry into force within a reasonable period of time which is not to exceed
twelve months as from the date of delivery of the judgment of a new directive
based on Article 91(1)(c) TFEU. Therefore a new Directive should be adopted on the
basis of that Article.

(5)

Greater convergence of control measures between Member States should be


encouraged and the Commission should examine in this respect the need for

Directive 2011/82/EU of the European Parliament and of the Council of 25 October


2011 facilitating the cross-border exchange of information on road safety related
traffic offences (OJ L 288, 5.11.2011, p. 1).
Judgment in Commission v Parliament and Council, C-43/12, EU:C:2014:298.

160

developing common standards for automatic checking equipment for road safety
controls.
(6)

The awareness of Union citizens should be raised as regards the road safety traffic
rules in force in different Member States and as regards the implementation of this
Directive, in particular through appropriate measures guaranteeing the provision of
sufficient information on the consequences of not respecting the road safety traffic
rules when travelling in a Member State other than the Member State of registration.

(7)

In order to improve road safety throughout the Union and to ensure equal treatment
of drivers, namely resident and non-resident offenders, enforcement should be
facilitated irrespective of the Member State of registration of the vehicle. To this end,
a system of cross-border exchange of information should be used for certain
identified road safety related traffic offences, regardless of their administrative or
criminal nature under the law of the Member State concerned, granting the Member
State of the offence access to vehicle registration data (VRD) of the Member State of
registration.

(8)

A more efficient cross-border exchange of VRD, which should facilitate the


identification of persons suspected of committing a road safety related traffic
offence, might increase the deterrent effect and induce more cautious behaviour by
the driver of a vehicle that is registered in a Member State other than the Member
State of the offence, thereby preventing casualties due to road traffic accidents.

(9)

The road safety related traffic offences covered by this Directive are not subject to
homogeneous treatment in the Member States. Some Member States qualify such
offences under national law as 'administrative' offences while others qualify them as
'criminal' offences. This Directive should apply regardless of how those offences are
qualified under national law.

(10)

Member States should grant each other the right of access to their VRD in order to
improve the exchange of information and to speed up the procedures in force. To this
end, the provisions concerning the technical specifications and the availability of
automated data exchange set out in the Prm Decisions should, as far as possible, be
included in this Directive.

161

(11)

Decision 2008/616/JHA specifies the security features for existing software


applications and the related technical requirements for the exchange of vehicle
registration data. Without prejudice to the general applicability of that Decision,
those security features and technical requirements should, for reasons of
regulatory and practical efficiency, be used for the purposes of this Directive.

(12)

Existing software applications should be the basis for the data exchange under this
Directive and should, at the same time, also facilitate the reporting by Member States
to the Commission. Such applications should provide for the expeditious, secure and
confidential exchange of specific VRD between Member States. Advantage should
be taken of the European Vehicle and Driving Licence Information System (Eucaris)
software application, which is mandatory for Member States under the Prm
Decisions as regards VRD. The Commission should assess and report on the
functioning of the software applications used for the purposes of this Directive.

(13)

The scope of those software applications should be limited to the processes used in
the exchange of information between the national contact points in the Member
States. Procedures and automated processes in which the information is to be used
are outside the scope of such applications.

(14)

The Information Management Strategy for EU internal security aims to find the
simplest and most easily traceable and cost-effective solutions for data exchange.

(15)

Member States should be able to contact the owner, the holder of the vehicle or the
otherwise identified person suspected of committing the road safety related traffic
offence in order to keep the person concerned informed of the applicable procedures
and the legal consequences under the law of the Member State of the offence. In
doing so, Member States should consider sending the information concerning road
safety related traffic offences in the language of the registration documents, or in the
language most likely to be understood by the person concerned, to ensure that that
person has a clear understanding of the information which is being shared with the
person concerned. Member States should apply the appropriate procedures to ensure
that only the person concerned is informed and not a third party. To that effect,
Member States should use detailed arrangements similar to those adopted for
following up such offences including means such as, where appropriate, registered

162

delivery. This will allow that person to respond to the information letter in an
appropriate way, in particular by asking for more information, by settling the fine or
by exercising his/her rights of defence, especially in the case of mistaken identity.
Further proceedings are covered by applicable legal instruments, including
instruments on mutual assistance and on mutual recognition, for example Council
Framework Decision 2005/214/JHA1.
(16)

Member States should provide equivalent translation with respect to the information
letter sent by the Member State of the offence, as provided for in Directive
2010/64/EU of the European Parliament and of the Council2.

(17)

With a view to pursuing a road safety policy that aims to provide a high level of
protection for all road users in the Union, and taking into account the widely
differing circumstances pertaining within the Union, Member States should act,
without prejudice to more restrictive policies and laws, in order to ensure greater
convergence of road traffic rules and of their enforcement between Member States.
In the framework of its report to the European Parliament and to the Council on the
application of this Directive, the Commission should examine the need to develop
common standards in order to establish comparable methods, practices and minimum
standards at Union level taking into account international cooperation and existing
agreements in the field of road safety, in particular the Vienna Convention on Road
Traffic of 8 November 1968.

(18)

In its report to the European Parliament and to the Council on the application of this
Directive by the Member States, the Commission should examine the need for
common criteria for follow-up procedures by Member States in the event of nonpayment of a financial penalty, in accordance with Member States' laws and
procedures. In that report, the Commission should address issues such as the
procedures between the competent authorities of the Member States for the
transmission of the final decision to impose a sanction and/or financial penalty as
well as the recognition and enforcement of the final decision.

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application


of the principle of mutual recognition to financial penalties (OJ L 76, 22.3.2005, p.
16).
Directive 2010/64/EU of the European Parliament and of the Council of 20 October
2010 on the right to interpretation and translation in criminal proceedings (OJ L 280,
26.10.2010, p. 1).

163

(19)

In preparing the review of this Directive, the Commission should consult the relevant
stakeholders, such as road safety and law enforcement authorities or competent
bodies, victims' associations and other non-governmental organisations active in the
field of road safety.

(20)

Closer cooperation between law enforcement authorities should go hand in hand with
respect for fundamental rights, in particular the right to respect for privacy and to the
protection of personal data, guaranteed by special data protection arrangements.
Those arrangements should take particular account of the specific nature of crossborder online access to databases. It is necessary that the software applications to be
set up enable the exchange of information to be carried out in secure conditions and
ensure the confidentiality of the data transmitted. The data collected under this
Directive should not be used for purposes other than those of this Directive. Member
States should comply with the obligations on the conditions of use and of temporary
storage of the data.

(21)

The processing of personal data provided by this Directive is appropriate for


attaining the legitimate aims pursued by this Directive in the field of road safety,
namely to ensure a high level of protection for all road users in the Union by
facilitating the cross-border exchange of information on road safety related traffic
offences and, thereby, the enforcement of sanctions, and does not exceed what is
appropriate and necessary in order to achieve those objectives.

(22)

Data relating to the identification of an offender are personal data. Directive


95/46/EC of the European Parliament and of the Council1 should apply to the
processing activities carried out in application of this Directive. Without prejudice to
the procedural requirements for appeal and the redress mechanisms of the Member
State concerned, the data subject should accordingly be informed, when notified of
the offence, of the right to access and the right to rectification and deletion of
personal data, as well as of the maximum legal storage period of the data. In this
context, the data subject should also have the right to obtain the correction of any
inaccurate personal data or the immediate deletion of any data recorded unlawfully.

Directive 95/46/EC of the European Parliament and of the Council of 24 October


1995 on the protection of individuals with regard to the processing of personal data
and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

164

(23)

In the framework of the Prm Decisions, the processing of VRD containing


personal data is subject to the specific provisions on data protection set out in
Decision 2008/615/JHA. In that respect, Member States have the possibility to
apply those specific provisions to personal data which are also processed for the
purposes of this Directive provided that they ensure that the processing of data
related to all of the offences covered by this Directive complies with the national
provisions implementing Directive 95/46/EC.

(24)

It should be possible for third countries to participate in the exchange of VRD


provided that they have concluded an agreement with the Union to this effect. Such
an agreement would have to include necessary provisions on data protection.

(25)

This Directive upholds the fundamental rights and principles recognised by the
Charter of Fundamental Rights of the European Union, including the respect for
private and family life, the protection of personal data, the right to a fair trial, the
presumption of innocence and the right of defence.

(26)

In order to achieve the objective of the exchange of information between Member


States through interoperable means, the power to adopt acts in accordance with
Article 290 TFEU should be delegated to the Commission in respect of the taking
into account of relevant changes to Prm Decisions or where required by legal acts
of the Union directly relevant for the updating of Annex I. It is of particular
importance that the Commission follow its usual practice and carry out appropriate
consultations during its preparatory work, including at expert level. The
Commission, when preparing and drawing up delegated acts, should ensure a
simultaneous, timely and appropriate transmission of relevant documents to the
European Parliament and to the Council.

(27)

The Commission should analyse the application of this Directive with a view to
identifying further effective and efficient measures to improve road safety. Without
prejudice to obligations to transpose this Directive, Denmark, Ireland and the
United Kingdom should also co-operate with the Commission in this work, where
appropriate, to ensure timely and complete reporting on this matter.

165

(28)

Since the objective of this Directive, namely to ensure a high level of protection for
all road users in the Union by facilitating the cross-border exchange of information
on road safety related traffic offences, where they are committed with a vehicle
registered in a Member State other than the Member State where the offence took
place, cannot be sufficiently achieved by the Member States, but can rather, by
reason of the scale and effects of the action, be better achieved at Union level, the
Union may adopt measures, in accordance with the principle of subsidiarity, as set
out in Article 5 of the Treaty on European Union. In accordance with the principle of
proportionality, as set out in that Article, this Directive does not go beyond what is
necessary in order to achieve that objective.

(29)

Given that Denmark, Ireland and the United Kingdom were not subject to
Directive 2011/82/EU and therefore have not transposed it, it is appropriate to
allow those Member States sufficient additional time to do so.

(30)

The European Data Protection Supervisor was consulted in accordance with Article
28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council1
and delivered an opinion on 3 October 20142,

HAVE ADOPTED THIS DIRECTIVE:


Article 1
Objective
This Directive aims to ensure a high level of protection for all road users in the Union by
facilitating the cross-border exchange of information on road safety related traffic offences,
and thereby facilitating the enforcement of sanctions, where those offences are committed
with a vehicle registered in a Member State other than the Member State in which the offence
took place.

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18


December 2000 on the protection of individuals with regard to the processing of
personal data by the Community institutions and bodies and on the free movement of
such data (OJ L 8, 12.1.2001, p. 1).
OJ ...

166

Article 2
Scope
This Directive applies to the following road safety related traffic offences:
(a)

speeding;

(b)

failing to use a seat-belt;

(c)

failing to stop at a red traffic light;

(d)

drink-driving;

(e)

driving while under the influence of drugs;

(f)

failing to wear a safety helmet;

(g)

the use of a forbidden lane;

(h)

illegally using a mobile telephone or any other communication devices while driving.
Article 3
Definitions

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


(a)

'vehicle' means any power-driven vehicle including motorcycles, which is normally


used for carrying persons or goods by road;

(b)

'Member State of the offence' means the Member State where the offence was
committed;

(c)

'Member State of registration' means the Member State where the vehicle with which
the offence was committed is registered;

(d)

'speeding' means exceeding speed limits in force in the Member State of offence for
the road or type of vehicle concerned;

167

(e)

'failing to use a seat-belt' means not complying with the requirement to wear a seatbelt or to use a child restraint in accordance with Council Directive 91/671/EEC1 and
the law of the Member State of the offence;

(f)

'failing to stop at a red traffic light' means driving through a red traffic light or any
other relevant stop signal, as defined in the law of the Member State of the offence;

(g)

'drink-driving' means driving while impaired by alcohol, as defined in the law of the
Member State of the offence;

(h)

'driving under the influence of drugs' means driving while impaired by drugs or other
substances having a similar effect, as defined in the law of the Member State of the
offence;

(i)

'failing to wear a safety helmet' means not wearing a safety helmet, as defined in the
law of the Member State of the offence;

(j)

'use of a forbidden lane' means illegally using part of a road section, such as an
emergency lane, public transport lane or temporary closed lane for reasons of
congestion or road works, as defined in the law of the Member State of the offence;

(k)

'illegally using a mobile telephone or any other communication devices while


driving' means illegally using a mobile telephone or any other communication
devices while driving, as defined in the law of the Member State of the offence;

(l)

'national contact point' means a designated competent authority for the exchange of
VRD;

(m)

'automated search' means an online access procedure for consulting the databases of
one, more than one, or all of the Member States or of the participating countries;

(n)

'holder of the vehicle' means the person in whose name the vehicle is registered, as
defined in the law of the Member State of registration.

Council Directive 91/671/EEC of 16 December 1991 relating to the compulsory use


of safety belts and child-restraint systems in vehicles (OJ L 373, 31.12.1991, p. 26).

168

Article 4
Procedure for the exchange of information between Member States
1.

For the investigation of the road safety related traffic offences referred to in Article 2,
the Member State shall grant other Member States' national contact points, referred
to in paragraph 2 of this Article, access to the following national VRD, with the
power to conduct automated searches thereon:
(a)

data relating to vehicles; and

(b)

data relating to owners or holders of the vehicle.

The data elements referred to in points (a) and (b) which are necessary to conduct a
search shall be in compliance with Annex I.
2.

For the purposes of the exchange of data referred to in paragraph 1, each Member
State shall designate a national contact point. The powers of the national contact
points shall be governed by the applicable law of the Member State concerned.

3.

When conducting a search in the form of an outgoing request, the national contact
point of the Member State of the offence shall use a full registration number.
Those searches shall be conducted in compliance with the procedures as described in
Chapter 3 of the Annex to Decision 2008/616/JHA, except for point 1 of Chapter 3
of the Annex to Decision 2008/616/JHA, for which Annex I to this Directive shall
apply.
The Member State of the offence shall, under this Directive, use the data obtained in
order to establish who is personally liable for road safety related traffic offences
listed in Article 2 of this Directive.

4.

Member States shall take all necessary measures to ensure that the exchange of
information is carried out by interoperable electronic means without exchange of
data involving other databases which are not used for the purposes of this Directive.
Member States shall ensure that such exchange of information is conducted in a cost
efficient and secure manner. Member States shall ensure the security and protection
of the data transmitted, as far as possible using existing software applications such as

169

the one referred to in Article 15 of Decision 2008/616/JHA and amended versions of


those software applications, in compliance with Annex I to this Directive and with
points 2 and 3 of Chapter 3 of the Annex to Decision 2008/616/JHA. The amended
versions of the software applications shall provide for both online real-time exchange
mode and batch exchange mode, the latter allowing for the exchange of multiple
requests or responses within one message.
5.

Each Member State shall bear its own costs arising from the administration, use and
maintenance of the software applications referred to in paragraph 4.
Article 5
Information letter on the road safety related traffic offences

1.

The Member State of the offence shall decide whether or not to initiate follow-up
proceedings in relation to the road safety related traffic offences listed in Article 2.
Where the Member State of the offence decides to initiate such proceedings, that
Member State shall, in accordance with its national law, inform the owner, the holder
of the vehicle or the otherwise identified person suspected of committing the road
safety related traffic offence.
This information shall, as applicable under national law, include the legal
consequences thereof within the territory of the Member State of the offence under
the law of that Member State.

2.

When sending the information letter to the owner, the holder of the vehicle or to the
otherwise identified person suspected of committing the road safety related traffic
offence, the Member State of the offence shall, in accordance with its law, include
any relevant information, notably the nature of this road safety related traffic offence,
the place, date and time of the offence, the title of the texts of the national law
infringed and the sanction and, where appropriate, data concerning the device used
for detecting the offence. For that purpose, the Member State of the offence may use
the template set out in Annex II.

3.

Where the Member State of the offence decides to initiate follow-up proceedings in
relation to the road safety related traffic offences listed in Article 2, the Member
State of the offence, for the purpose of ensuring the respect of fundamental rights,

170

sends the information letter in the language of the registration document of the
vehicle, if available, or in one of the official languages of the Member State of
registration.
Article 6
Reporting by Member States to the Commission
Each Member State shall send a comprehensive report to the Commission by 6 May 2016 and
every two years thereafter.
The comprehensive report shall indicate the number of automated searches conducted by the
Member State of the offence addressed to the national contact point of the Member State of
registration, following offences committed on its territory, together with the type of offences
for which requests were addressed and the number of failed requests.
The comprehensive report shall also include a description of the situation at national level in
relation to the follow-up given to the road safety related traffic offences, based on the
proportion of such offences which have been followed up by information letters.
Article 7
Data protection
1.

The provisions on data protection set out in Directive 95/46/EC shall apply to
personal data processed under this Directive.

2.

In particular, each Member State shall ensure that personal data processed under this
Directive are, within an appropriate time period, rectified if inaccurate, or erased or
blocked when they are no longer required, in accordance with Articles 6 and 12 of
Directive 95/46/EC, and that a time limit for the storage of data is established in
accordance with Article 6 of that Directive.
Member States shall ensure that all personal data processed under this Directive are
only used for the objective set out in Article 1 of this Directive, and that the data
subjects have the same rights to information, to access, to rectification, erasure and
blocking, to compensation and to judicial redress as those adopted under national law
in implementation of the relevant provisions of Directive 95/46/EC.

171

3.

Any person concerned shall have the right to obtain information on which personal
data recorded in the Member State of registration were transmitted to the Member
State of the offence, including the date of the request and the competent authority of
the Member State of the offence.
Article 8
Information for road users in the Union

1.

The Commission shall make available on its website a summary in all official
languages of the institutions of the Union of the rules in force in Member States in
the field covered by this Directive. Member States shall provide information on these
rules to the Commission.

2.

Member States shall provide road users with the necessary information about the
rules applicable in their territory and the measures implementing this Directive in
association with, among other organisations, road safety bodies , non-governmental
organisations active in the field of road safety and automobile clubs.
Article 9
Delegated acts

The Commission shall be empowered to adopt delegated acts, in accordance with Article 10,
updating Annex I in the light of technical progress to take into account relevant changes to
Prm Decisions or where this is required by legal acts of the Union directly relevant to the
updating of Annex I.
Article 10
Exercise of the delegation
1.

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

2.

The power to adopt delegated acts referred to in Article 9 shall be conferred on the
Commission for a period of five years from .... The Commission shall draw up a
report in respect of the delegation of power not later than nine months before the end

of the five-year period. The delegation of power shall be tacitly extended for periods
Official Journal: Please insert the date of the publication of this Directive.

172

of an identical duration, unless the European Parliament or the Council opposes such
extension not later than three months before the end of each period.
3.

The delegation of power referred to in Article 9 may be revoked at any time by the
European Parliament or by the Council. A decision to revoke shall put an end to the
delegation of the power specified in that decision. It shall take effect on the day
following the publication of the decision in the Official Journal of the European
Union or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.

4.

It is of particular importance that the Commission follow its usual practice and
carry out consultations with experts, including Member States experts, before
adopting those delegated acts. As soon as it adopts a delegated act, the Commission
shall notify it simultaneously to the European Parliament and to the Council.

5.

A delegated act adopted pursuant to Article 9 shall enter into force only if no
objection has been expressed either by the European Parliament or the Council
within a period of two months of notification of that act to the European Parliament
and the Council or if, before the expiry of that period, the European Parliament and
the Council have both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the European Parliament
or of the Council.
Article 11
Revision of the Directive

Without prejudice to the provisions laid down in the second subparagraph of Article 12(1),
the Commission shall, by 7 November 2016, submit a report to the European Parliament and
to the Council on the application of this Directive by the Member States. In its report, the
Commission shall focus in particular on, and shall, as appropriate, make proposals to cover,
the following aspects:

an assessment of whether other road safety related traffic offences should be added to
the scope of this Directive,

an assessment of the effectiveness of this Directive on the reduction in the number of


fatalities on Union roads,

173

an assessment of the need for developing common standards for automatic checking
equipment and for procedures. In this context, the Commission is invited to develop
at Union level road safety guidelines within the framework of the common transport
policy in order to ensure greater convergence of the enforcement of road traffic rules
by Member States through comparable methods and practices. These guidelines may
cover at least the offences listed in points (a) to (d) of Article 2,

an assessment of the need to strengthen the enforcement of sanctions with regard to


road safety related traffic offences and to propose common criteria concerning the
follow-up procedures in the case of non-payment of a financial penalty, within the
framework of all relevant Union policies, including the common transport policy,

the possibilities for harmonising traffic rules where appropriate,

an assessment of the software applications as referred to in Article 4(4), with a view


to ensuring proper implementation of this Directive as well as guaranteeing an
effective, expeditious, secure and confidential exchange of specific VRD.
Article 12
Transposition

1.

Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive by 6 May 2015. They shall
forthwith communicate to the Commission the text of those provisions.
When Member States adopt those provisions, they shall contain a reference to this
Directive or be accompanied by such a reference on the occasion of their official
publication. Member States shall determine how such reference is to be made.
By way of derogation from the first subparagraph, the Kingdom of Denmark,
Ireland and the United Kingdom of Great Britain and Northern Ireland may
postpone the deadline referred to in the first subparagraph until 6 May 2017.

2.

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

174

Article 13
Entry into force
This Directive shall enter into force on the fourth day following that of its publication in the
Official Journal of the European Union.
Article 14
Addressees
This Directive is addressed to the Member States.
Done at ,

For the European Parliament

For the Council

The President

The President

175

ANNEX I
Data elements necessary to conduct the search referred to in Article 4(1)
Item

(1)

M/O (1)

Data relating to the vehicle

Member State of registration

Registration number

Data relating to the offence

Member State of the offence

Reference date of the offence

Reference time of the offence

Purpose of the search

Remarks

(A (2))

Code indicating the type of offence as listed in Article 2


1

= Speeding

= Drink-driving

= Failing to use a seat belt

= Failing to stop at a red traffic light

= Use of a forbidden lane

10

= Driving under the influence of drugs

11

= Failing to wear a safety helmet

M = mandatory when available in national register, O = optional.


Harmonised code, see Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138,
1.6.1999, p. 57).

176

Data elements provided as a result of the search conducted pursuant to Article


4(1)
Part I. Data relating to vehicles
M/O (1)

Item

Registration number

Chassis number/VIN

Remarks

Part
II. Data
relating
to owners or holders of the
Member
State
of registration
M vehicles
Item

M/O (1)

Make
Data relating to holders of the
vehicle
Commercial type of the vehicle

(D.1 (2)) e.g. Ford, Opel, Renault


(C.1 (2))

The
dataFocus,
refer Astra,
to theMegane
holder of the specific registration
(D.3) e.g.
certificate.

Registration
(company) name
EU Category Code

(C.1.1)

(J) e.g. mopeds,


motorbikes,
Separate
fields shall
be usedcars
for surname, infixes, titles, etc.,
and the name in printable format shall be communicated.

holders'

Remarks

(2)
First name

M = mandatory when available in national register, O = optional.


M
(C.1.2)

Harmonised code, see Directive 1999/37/EC.

Address

Separate fields for first name(s) and initials shall be used, and
the name in printable format shall be communicated.

(C.1.3)
Separate fields shall be used for Street, House number and
Annex, Post code, Place of residence, Country of residence,
etc., and the Address in printable format shall be
communicated.

Gender

Date of birth

Legal entity

Place of Birth

ID Number

Data relating to owners of the


vehicle

Male, female

Individual, association, company, firm, etc.

An identifier that uniquely identifies the person or the


company.
(C.2) The data refer to the owner of the vehicle.

Owners' (company) name

(C.2.1)

First name

(C.2.2)

Address

(C.2.3)

Gender

Male, female

Date of birth

Legal entity

Place of Birth

ID Number

Individual, association, company, firm, etc.

An identifier that uniquely identifies the person or the


company.
In case of scrap vehicles, stolen vehicles or number plates, or
outdated vehicle registration no owner/holder information
be provided. Instead, the message 'Information not
disclosed' shall be returned.

177
shall

(3)

M = mandatory when available in national register, O = optional.

Harmonised code, see Directive 1999/37/EC.

178

ANNEX II
TEMPLATE FOR THE INFORMATION LETTER
referred to in Article 5
[Cover page]

.
[Name, address and telephone number of sender]

[Name and address of addressee]


INFORMATION LETTER
regarding a road safety related traffic offence committed in ............................................
[name of the Member State of the offence]

179

Page 2
On ........................... a road safety related traffic offence committed with the vehicle with
registration
[date]
number...................................make .....................................model ...................................
was detected by....................................................................................................................
[name of the responsible body]
[Option 1] (1)
You are registered as the holder of the registration certificate of the abovementioned vehicle.
[Option 2] (1)
The holder of the registration certificate of the abovementioned vehicle indicated that you were
driving that vehicle when the road safety related traffic offence was committed.
The relevant details of the offence are described on page 3 below.
The amount of the financial penalty due for this offence is ................. EUR/national currency.
Deadline for the payment is .................................................................................................
You are advised to complete the attached reply form (page 4) and send It to the address
shown, if you do not pay this financial penalty.
This letter shall be processed in accordance with the national law of ............................
[name of the Member State of the offence].

180

Page 3
Relevant details concerning the offence
(a) Data concerning the vehicle with which the offence was committed:
Registration number: .........................................................
Member State of registration: ...........................................
Make and model: ................................................................
(b) Data concerning the offence:
Place, date and time where the offence was committed:

.
Nature and legal classification of the offence:

.
speeding, failing to use a seatbelt, failing to stop at a red traffic light, drink-driving, driving
under the influence of drugs, failing to wear a safety helmet, use of a forbidden lane,
illegally using a mobile telephone or any other communication devices while driving ( 1)
Detailed description of the offence:

.
Reference to the relevant legal provision(s):

.
Description of or reference to the evidence for the offence:

181

(c) Data concerning the device that was used for detecting the offence ( 2):
Type of device for detection of speeding, failing to use a seatbelt, failing to stop at a red
traffic light, drink-driving, driving under the influence of drugs, failing to wear a safety
helmet, use of a forbidden lane, illegally using a mobile telephone or any other
communication devices while driving (1):
Specification of the device:

Identification number of the device:

.
Expiry date for the last gauging:

.
(d) The result of the application of the device:

[example for speeding; other offences to be added:]


The maximum speed:

..
The measured speed:

..
The measured speed corrected for margin of error:

..

_______________
(1)

Delete if not applicable.

(2)

Not applicable if no device has been used.

182

Page 4
Reply form
(please complete using block capitals)
A. Identity of the driver:

Full
name:

.........................................................
...

Place
and
date
of
birth:
..
............................................................
Number of driving licence: ...... delivered (date): .............
.

and

at

(place):

Address:

..

B. List of questions:
1. Is the vehicle, make........................................, registration number , registered in your
name?..............................................................yes/no (1)
If not, the holder of the registration certificate is: ......................................................
(name, first name, address)
2. Do
you
acknowledge
that
you
committed
..........................................................................
..yes/no (1)

the

offence?.............

3. If you do not acknowledge this, please explain why:


Please send the completed form within 60 days from the date of this information letter to the
following authority:........................
at the following address: .............................................................................................. ....
INFORMATION
This case will be examined by the competent authority of ........................................
[name of the Member State of the offence]
If this case is not pursued, you will be informed within 60 days after receipt of the reply form.

___________________
(1)

Delete if not applicable.

183

If this case is pursued, the following procedure applies:

.
[to be filled in by the Member State of the offence what the further procedure will be,
including details of the possibility and procedure of appeal against the decision to pursue the
case. These details shall in any event include: name and address of the authority in charge of
pursuing the case; deadline for payment; name and address of the body of appeal concerned;
deadline for appeal].
This letter as such does not lead to legal consequences.

184

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0030
Sustainable Fisheries Partnership Agreement between the European Union
and the Republic of Senegal ***
European Parliament legislative resolution of 11 February 2015 on the draft Council
decision on the conclusion, on behalf of the European Union, of a Sustainable Fisheries
Partnership Agreement between the European Union and the Republic of Senegal and
the Implementation Protocol thereto (12812/2014 C8-0276/2014 2014/0238(NLE))
(Consent)

The European Parliament,


having regard to the draft Council decision (12812/2014),
having regard to the draft Sustainable Fisheries Partnership Agreement between the
European Union and the Republic of Senegal (12830/2014),
having regard to the request for consent submitted by the Council in accordance with
Article 43, Article 218(6), second subparagraph, point (a), and Article 218(7), of the
Treaty on the Functioning of the European Union (C8-0276/2014),
having regard to Rule 99(1), first and third subparagraphs, Rule 99(2), and Rule 108(7) of
its Rules of Procedure,
having regard to the recommendation of the Committee on Fisheries and the opinions of
the Committee on Development and the Committee on Budgets (A8-0010/2015),
1. Gives its consent to conclusion of the Agreement;
2. Calls on the Commission to forward to Parliament the minutes and the conclusions of the
meetings of the Joint Committee provided for in Article 7 of the Agreement, as well as the
multiannual sectoral programme provided for in Article 4 of the new protocol;
3. Calls on the Commission to facilitate the participation of representatives of Parliament as
observers in the meetings of the Joint Committee;

185

4. Calls on the Commission to send to Parliament and to the Council, before the present
Agreement expires and as negotiations begin for a future one, detailed information in the
form of an ex post report on the costs and benefits of the Agreement;
5. Calls on the Commission to submit to Parliament yearly reports on the implementation of
the Agreement, concerning in particular the multiannual programme mentioned in Article
4 of the Implementation Protocol to the Agreement, as well as detailing the way funds
provided pursuant to the Agreement are used;
6. Calls on the Commission and Council, acting within the limits of their respective powers,
to keep Parliament immediately and fully informed at all stages of the procedures related
to the protocol and its renewal, pursuant to Article 13(2) of the Treaty on European Union
and Article 218(10) of the Treaty on the Functioning of the European Union;
7. Calls on the Commission to focus in particular on the promotion of local management and
accountability, as well as to facilitate the provision of adequate information to all local
actors interested in the Agreement and its implementation;
8. 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 Senegal.

186

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0031
US Senate report on the use of torture by the CIA
European Parliament resolution of 11 February 2015 on the US Senate report on the use
of torture by the CIA (2014/2997(RSP))
The European Parliament,
having regard to the Treaty on European Union (TEU), in particular Articles 2, 3, 4, 6, 7
and 21 thereof,
having regard to the Charter of Fundamental Rights of the European Union, in particular
Articles 1, 2, 3, 4, 18 and 19 thereof,
having regard to the European Convention on Human Rights and the protocols thereto,
having regard to the relevant UN human rights instruments, in particular the International
Covenant on Civil and Political Rights of 16 December 1966, the Convention against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December
1984 and the relevant protocols thereto, and the International Convention for the
Protection of All Persons from Enforced Disappearance of 20 December 2006,
having regard to the European Court of Human Rights judgments in cases al-Nashiri v.
Poland, Abu Zubaydah v. Lithuania, Husayn (Abu Zubaydah) v. Poland, El-Masri v. the
former Yugoslav Republic of Macedonia, Nasr and Ghali v. Italy, and al-Nashiri v.
Romania,
having regard to the Italian Court judgment that convicted and sentenced to prison terms
in absentia 22 CIA agents, one Air Force pilot and two Italian agents over their role in the
2003 kidnapping of the Imam of Milan, Abu Omar,
having regard to its resolution of 6 July 2006 on the alleged use of European countries by
the CIA for the transportation and illegal detention of prisoners, adopted midway through
the work of the Temporary Committee1,

OJ C 303 E, 13.12.2006, p. 833.

187

having regard to its resolution of 14 February 2007 on the alleged use of European
countries by the CIA for the transportation and illegal detention of prisoners1,
having regard to its resolution of 11 September 2012 on alleged transportation and illegal
detention of prisoners in European countries by the CIA: follow-up of the European
Parliament TDIP Committee report2,
having regard to its resolution of 10 October 2013 on alleged transportation and illegal
detention of prisoners in European countries by the CIA3,
having regard to the United States Senate Select Committee on Intelligence (SSCI) study
on the Central Intelligence Agencys (CIAs) Detention and Interrogation Programme and
its use of various forms of torture on detainees between 2001 and 2006,
having regard to its resolutions on Guantnamo, the most recent being that of 23 May
2013 on Guantnamo: hunger strike by prisoners4,
having regard to the Council conclusions on fundamental rights and the rule of law and on
the Commissions 2013 report on the application of the Charter of Fundamental Rights of
the European Union (Luxembourg, 5 and 6 June 2014),
having regard to its resolution of 27 February 2014 on the situation of fundamental rights
in the European Union (2012)5,
having regard to the Commission communication A new EU Framework to strengthen
the Rule of Law of 11 March 2014 (COM(2014)0158),
having regard to the Commissions EU anti-corruption report of 3 February 2014
(COM(2014)0038),
having regard to its resolution of 12 March 2014 on the US NSA surveillance programme,
surveillance bodies in various Member States and their impact on EU citizens
fundamental rights and on transatlantic cooperation in Justice and Home Affairs6,
having regard to Directive 2012/29/EU of 25 October 2012 establishing minimum
standards on the rights, support and protection of victims of crime, and replacing Council
Framework Decision 2001/220/JHA,
having regard to Rule 123(2) of its Rules of Procedure,
A. whereas respect for fundamental rights and the rule of law is an essential element in
successful counterterrorism policies;
B. whereas Parliament has repeatedly condemned the CIAs secret detention and
extraordinary rendition programme, which resulted in multiple human rights violations
1
2
3
4
5
6

OJ C 287 E, 29.11.2007, p. 309.


OJ C 353 E, 3.12.2013, p. 1.
Texts adopted, P7_TA(2013)0418.
Texts adopted, P7_TA(2013)0231.
Texts adopted, P7_TA(2014)0173.
Texts adopted, P7_TA(2014)0230.

188

including the use of torture and other inhumane or degrading treatment, abduction, secret
detention, detention without trial, and violations of the non-refoulement principle;
C. whereas, despite their particular nature, policies of national security and counterterrorism
are not exempt from the principle of accountability, and there can be no impunity for
violations of international law and human rights;
D. whereas accountability for extraordinary renditions, abductions, illegal secret detentions
and torture is essential in order to protect and promote human rights effectively in the
internal and external policies of the EU, and to ensure legitimate and effective security
policies based on the rule of law;
E. whereas Parliament has repeatedly called for full investigations into the collaboration of
EU Member States with the CIAs secret detention and extraordinary rendition
programme;
F. whereas the former Parliament, in its abovementioned resolution of 10 October 2013,
called on the current Parliament to continue to fulfil and implement the mandate given by
the Temporary Committee on the alleged use of European countries by the CIA for the
transportation and illegal detention of prisoners, and consequently to ensure that its
recommendations were followed up, to examine new elements that might emerge and to
make full use of, and develop, its rights of inquiry;
G. whereas the report by the US Senate Select Committee on Intelligence reveals new facts
that reinforce allegations that a number of EU Member States, their authorities and
officials and agents of their security and intelligence services were complicit in the CIAs
secret detention and extraordinary rendition programme, sometimes through corrupt
means based on substantial amounts of money provided by the CIA in exchange for their
cooperation;
H. whereas the report by the US Senate Select Committee on Intelligence rebuts CIA claims
that torture revealed information that could not have been collected through traditional,
non-violent interrogation techniques;
I. whereas an open criminal case (No 150/09, before Central Court No 5 (Juzgado Central
No 5)) concerning the torture taking place at the Guantnamo Bay Naval Base is ongoing
within the National Court (Audiencia Nacional) of the Kingdom of Spain;
J. whereas US President Barack Obama committed to closing the Guantnamo Bay
detention facility by January 2010, a facility which holds 122 detainees without formal
criminal charges having being brought against them before a criminal court, including 54
who have been officially cleared for release;
K. whereas the assistance of EU Member States in resettling some of the Guantnamo Bay
prisoners has been slow and limited;
1. Welcomes the decision of the US Senate Select Committee on Intelligence to publish the
summary of its report on the Central Intelligence Agencys Detention and Interrogation
Programme; encourages the publication of the report in full, without excessive and
unnecessary redactions;

189

2. Expresses its deep condemnation of the gruesome interrogation practices that


characterised these illegal counterterrorism operations; underlines the fundamental
conclusion by the US Senate that the violent methods applied by the CIA failed to
generate intelligence that prevented further terrorist attacks; recalls its absolute
condemnation of torture;
3. Considers that the climate of impunity regarding the CIA programme has enabled the
continuation of fundamental rights violations, as further revealed by the mass surveillance
programmes of the US National Security Agency and secret services of various EU
Member States;
4. Calls on the US to investigate and prosecute the multiple human rights violations resulting
from the CIA rendition and secret detention programmes, and to cooperate with all
requests from EU Member States for information, extradition or effective remedies for
victims in connection with the CIA programme;
5. Reiterates its calls on Member States to investigate the allegations that there were secret
prisons on their territory where people were held under the CIA programme, and to
prosecute those involved in these operations, taking into account all the new evidence that
has come to light;
6. Calls on Member States to investigate fully recent allegations that illegal rendition,
detention and torture took place on their territory and to prosecute those responsible;
7. Expresses concerns regarding the obstacles encountered by national parliamentary and
judicial investigations into some Member States involvement in the CIA programme, the
abuse of state secrecy, and the undue classification of documents resulting in the
termination of criminal proceedings and leading to de facto impunity of perpetrators of
human rights violations;
8. Calls for the findings of existing inquiries relating to Member States involvement in the
CIA programme, in particular the Chilcot inquiry, to be published without further delay;
9. Calls for the adoption of an EU internal strategy on fundamental rights and invites the
Commission to propose the adoption of such a strategy and a related plan of action;
10. Instructs its Committee on Civil Liberties, Justice and Home Affairs, with the association
of its Committee on Foreign Affairs, and in particular its subcommittee on Human Rights,
to resume its inquiry on alleged transportation and illegal detention of prisoners in
European countries by the CIA and to report to plenary within a year by:
following up on the recommendations made in its abovementioned resolution of
11 September 2012 on alleged transportation and illegal detention of prisoners in
European countries by the CIA: follow-up of the European Parliament TDIP
Committee report;
facilitating and supporting human-rights-compliant mutual legal assistance and
judicial cooperation between investigating authorities and cooperation between
lawyers involved in accountability work in Member States;
organising a hearing involving national parliaments and practitioners to take stock of
all past and ongoing parliamentary and judicial inquiries;

190

organising a Parliamentary fact-finding mission involving all interested political


groups to the EU Member States where CIA secret detention sites allegedly existed;
gathering all relevant information and evidence on possible bribes or other acts of
corruption linked to the CIA programme;
11. Instructs its President to forward this resolution to the Council, the Commission and the
governments and parliaments of the Member States.

191

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0032
Anti-terrorism measures
European Parliament resolution of 11 February 2015 on anti-terrorism measures
(2015/2530(RSP))
The European Parliament,
having regard to Articles 2, 3, 6, 7 and 21 of the Treaty on European Union (TEU) and to
Articles 4, 16, 20, 67, 68, 70, 71, 72, 75, 82, 83, 84, 85, 86, 87 and 88 of the Treaty on the
Functioning of the European Union (TFEU),
having regard to the Charter of Fundamental Rights of the European Union, in particular
Articles 6, 7, 8, 10(1), 11, 12, 21, 47-50, 52 and 53 thereof,
having regard to the Commission communication of 20 June 2014 on the final
implementation report of the EU Internal Security Strategy 2010-2014 (COM(2014)0365),
having regard to Europols EU Terrorism Situation and Trend Report (TE-SAT) for 2014,
having regard to the resolution adopted by the UN Security Council on 24 September
2014 on threats to international peace and security caused by terrorist acts
(Resolution 2178 (2014)),
having regard to the EU Internal Security Strategy, as adopted by the Council on
25 February 2010,
having regard to its resolution of 14 December 2011 on the EU Counter-Terrorism Policy:
main achievements and future challenges1,
having regard to its recommendation to the Council of 24 April 2009 on the problem of
profiling, notably on the basis of ethnicity and race, in counter-terrorism, law
enforcement, immigration, customs and border control2,

1
2

OJ C 168 E, 14.6.2013, p. 45.


OJ C 184 E, 8.7.2010, p. 119.

192

having regard to its resolution of 12 September 2013 on the second report on the
implementation of the EU Internal Security Strategy1,
having regard to Europols Threat Assessment on Internet Facilitated Organised Crime
(iOCTA) 2014,
having regard to Europols EU Serious and Organised Crime Threat Assessment (SOCTA)
2013,
having regard to its plenary debate of 28 January 2015 on anti-terrorism measures,
having regard to the informal Justice and Home Affairs (JHA) Council held in Riga on 29
and 30 January 2015,
having regard to its resolution of 17 December 2014 on the EUs renewed internal security
strategy2,
having regard to the statement of the informal JHA Council of 11 January 2015,
having regard to the JHA Council conclusions of 9 October and 5 December 2014,
having regard to the report of the EU Counter-Terrorism Coordinator to the European
Council of 24 November 2014 (15799/14),
having regard to the Commissions Work Programme 2015 published on 16 December
2014 (COM(2014)0910),
having regard to the Commission communication of 15 January 2014 entitled Preventing
Radicalisation to Terrorism and Violent Extremism: Strengthening the EUs Response
(COM(2013)0941),
having regard to the opinion of the Article 29 Data Protection Working Party on the
application of necessity and proportionality concepts and data protection within the law
enforcement sector (Opinion 01/2014),
having regard to the judgment of the Court of Justice of 8 April 2014 in joined cases C293/12 and C-594/12, Digital Rights Ireland ltd and Seitlinger and others, and the opinion
of Parliaments Legal Service on the interpretation of this judgment3,
having regard to Rule 123(2) and (4) of its Rules of Procedure,
A. whereas terrorism and violent extremism are among the major threats to our security and
our freedoms;
B. whereas the recent tragic events in Paris stood as a reminder that the European Union is
facing a continuous and evolving terrorist threat which over the past decade has severely
hit several of its Member States with attacks targeting not only people but also the values
and freedoms on which the Union is based;
1
2
3

Texts adopted, P7_TA(2013)0384.


Texts adopted, P8_TA(2014)0102.
SJ-0890/14.

193

C. whereas security is one of the rights guaranteed by the EU Charter of Fundamental Rights,
but fundamental rights, civil liberties and proportionality are essential elements in
successful counter-terrorism policies;
D. whereas prevention strategies to combat terrorism should rely on a multifaceted approach
aimed at directly countering the preparation of attacks on EU territory, but also at
integrating the need to address the root causes of terrorism; whereas terrorism is a global
threat that needs to be tackled on the local, national, European and global levels in order
to strengthen our citizens security, to defend the fundamental values of freedom,
democracy and human rights and to uphold international law;
E. whereas the several severe terrorist attacks on European soil since 9/11, most recently in
January this year, have had a significant impact on the sense of security among EU
citizens and residents; whereas the security situation in Europe has changed dramatically
in recent years owing to new conflicts and upheavals in the EUs immediate
neighbourhood, the rapid development of new technologies, and the worrying rise of
radicalisation that is leading to violence and terrorism both within the EU and in
neighbouring countries;
F. whereas the spread of terrorist propaganda is facilitated by the use of the internet and
social media; whereas cyberterrorism enables terrorist groups to establish and maintain
links without the physical obstacle of borders, thus reducing the need to have bases or
sanctuaries in countries;
G. whereas the EU is facing the severe and growing threat posed by the so-called EU foreign
fighters, namely individuals who travel to a state other than their state of residence or
nationality for the purpose of perpetrating or planning terrorist acts, or providing or
receiving terrorist training, including in connection with armed conflicts; whereas an
estimated 3 500 to 5 000 EU nationals have left their homes to become foreign fighters
with the outbreak of the war and violence in Syria, Iraq and Libya, posing an immense
challenge to the security of EU citizens;
1. Condemns in the strongest terms the atrocities in Paris, and reiterates its deepest sympathy
with the people of France and the families of the victims, and its unity in the global fight
against terrorism and the attack upon our democratic values and freedoms;
2. Strongly and categorically condemns all terrorist acts, the promotion of terrorism, the
glorification of those involved in terrorism and the advocacy of extremist violent
ideologies, wherever they take place or are advocated in the world; stresses that there is no
freedom without security and no security without freedom;
3. Notes with concern the rapidly rising number of EU nationals who travel to conflict areas
to join terrorist organisations and later return to EU territory, presenting risks to the
Unions internal security and the lives of EU citizens; asks the Commission to propose a
clear and common definition of EU foreign fighters in order to increase legal certainty;
4. Underlines the need for more specialised measures to tackle the problem of EU citizens
travelling to fight for terrorist organisations abroad; affirms that while prosecution can be
pursued in some cases, other measures should be applied to prevent radicalisation leading
to violent extremism, to disrupt the travel of European and other foreign fighters and to
deal with returnees; calls on the Member States and the Commission to develop best

194

practices based on those of Member States that have adopted successful strategies, action
plans and programmes in this field;
Combating the root causes of terrorism and radicalisation leading to violent extremism
5. Stresses that addressing the threat posed by terrorism in general requires an anti-terrorism
strategy based on a multi-layer approach, which comprehensively addresses the
underlying factors of radicalisation leading to violent extremism, such as developing
social cohesion, inclusiveness and political and religious tolerance, and avoiding
ghettoization, analysing and counterbalancing online incitement to perform terrorist acts,
preventing departures to join terrorist organisations, preventing and stemming recruitment
and engagement in armed conflicts, disrupting financial support to terrorist organisations
and individuals aiming to join them, ensuring firm legal prosecution where appropriate
and providing law enforcement authorities with the appropriate tools to perform their
duties with full respect for fundamental rights;
6. Calls on the Member States to invest in schemes which address the root causes of
radicalisation, including educational programmes, promoting integration, social inclusion,
dialogue, participation, equality, tolerance and understanding among different cultures and
religions, and rehabilitation programmes;
7. Points with grave concern to the phenomenon of radicalisation in prisons, and encourages
the Member States to exchange best practices on the matter; asks that special attention be
given to prisons and detention conditions, with targeted measures to address radicalisation
in this environment; calls on the Member States to do more to improve prisons
administrative systems so as to facilitate detection of detainees who are involved in the
preparation of terrorist acts, monitor and prevent radicalisation processes and set up
specific programmes of disengagement, rehabilitation and deradicalisation;
8. Stresses the urgent need to intensify the prevention of radicalisation and foster
deradicalisation programmes by empowering and engaging with communities and civil
society at national and local level to stop the spread of extremist ideologies; calls on the
Commission to strengthen the Radicalisation Awareness Network (RAN), which brings
together all the actors involved in developing anti-radicalisation campaigns and setting up
deradicalisation structures and processes for returning foreign fighters, and to directly
challenge the extremist ideologies by providing positive alternatives;
9. Supports the adoption of a European strategy for countering terrorist propaganda, radical
networks and online recruitment, building upon the efforts already made and the
initiatives already taken on an intergovernmental and voluntary basis with a view to
further exchanges of best practice and successful methods in this area;
10. Calls for the adoption of a Council recommendation on national strategies for the
prevention of radicalisation, which would address the wide range of underlying factors
behind radicalisation and make recommendations to the Member States on the setting-up
of disengagement, rehabilitation and deradicalisation programmes;
Implementation and review of existing law enforcement measures

195

11. Calls on the Member States to make optimal use of existing platforms, databases and alert
systems at European level, such as the Schengen Information System (SIS) and the
Advanced Passenger Information Systems (APIS);
12. Stresses that free movement within the Schengen area is one of the most important
freedoms of the European Union, and therefore rules out any proposals to suspend the
Schengen system, and encourages Member States instead to tighten up existing rules that
already include the possibility of temporarily introducing document checks, and to make
better use of the SIS II system; notes that certain targeted checks can already be performed
on individuals as they cross external borders;
13. Commits itself to work towards the finalisation of an EU PNR Directive by the end of the
year; therefore urges the Commission to set out the consequences of the ECJ judgment on
the Data Retention Directive1 and its possible impact on the EU PNR Directive;
encourages the Council to make progress on the Data Protection package so that trilogues
on both EU PNR Directive and Data Protection Package could take place in parallel;
encourages the Commission to invite independent experts from the law enforcement,
security and intelligence communities and representatives of Working Party 29 to
contribute views and principles, in light of security needs, regarding the necessity and
proportionality of the PNR;
14. Calls on the Commission to immediately and thereafter regularly evaluate the current
instruments and undertake a corresponding assessment of the remaining gaps in the fight
against terrorism, where the European Council shall regularly assess the threats facing the
Union in order to enable the Union and its Member States to take effective action; calls on
the Commission and the Council to endorse a renewed roadmap to combat terrorism,
which delivers an efficient response to existing threats and ensures effective security for
all while guaranteeing the rights and freedoms which are the founding principles of the
European Union;
15. Stresses that an essential dimension of the fight against terrorism must be the inclusion of
policies to protect and support the victims and their families; calls, therefore, on all
Member States to properly implement Directive 2012/29/EU of 25 October 2012
establishing minimum standards on the rights, support and protection of victims of crime;
16. Considers that combating trafficking in firearms should be a priority for the EU in fighting
serious and organised international crime; believes that, in particular, cooperation needs to
be strengthened further as regards information exchange mechanisms and the traceability
and destruction of prohibited weapons; calls on the Commission to evaluate as a matter of
urgency the existing EU rules on the movement of illegal firearms, explosive devices and
arms trafficking linked to organised crime;
17. Welcomes the upcoming adoption at European level of an updated legal framework for
combating money laundering, as a decisive step to be implemented at all levels in order to
ensure its effectiveness and thus address a significant source of financing for terrorist
organisations;
1

Directive 2006/24/EC of the European Parliament and of the Council of 15 March


2006 on the retention of data generated or processed in connection with the provision of
publicly available electronic communications services or of public communications
networks and amending Directive 2002/58/EC (OJ L 105, 13.4.2006, p. 54).

196

18. Calls on Member States to step up judicial cooperation between them based on the
available EU instruments, such as ECRIS, the European Arrest Warrant and the European
Investigation Order;
EU internal security and EU law enforcement and Agency capabilities
19. Calls on all Member States to prevent the movement of terrorist suspects by strengthening
external border controls, checking travel documents more systematically and effectively,
tackling illicit arms trafficking and fraudulent use of identity, and identifying risk areas;
20. Notes with concern the increasing use of internet and communications technology by
terrorist organisations in order to communicate, plan attacks, and spread propaganda; asks
that internet and social media companies work with governments and law enforcement
authorities and civil society in order to combat this problem, whilst ensuring that the
general principles of free speech and privacy are respected at all times; underlines that
measures limiting the use and spread of data on the internet for counter-terrorism purposes
need to be necessary and proportionate;
21. Reiterates that all data collection and sharing, including by EU agencies such as Europol,
should be compliant with EU and national law and based on a coherent data protection
framework offering legally binding personal data protection standards at an EU level;
22. Strongly encourages better exchange of information between Member States law
enforcement authorities and EU agencies; further stresses the need to improve, intensify
and accelerate global law enforcement information sharing; calls for more effective
operational cooperation among Member States and third countries through the use of such
valuable existing instruments as Joint Investigation Teams, the Terrorist Financial
Tracking Programme and passenger name record (PNR) agreements, as well as more
expeditious and efficient sharing of relevant data and information, subject to the
appropriate data protection and privacy safeguards;
23. Calls on the Commission and the Council to conduct a comprehensive evaluation of the
EUs counter-terrorism and related measures, in particular as regards the implementation
thereof in law and in practice in the Member States and the degree to which the Member
States cooperate with the EUs agencies in the area, notably Europol and Eurojust, and to
undertake a corresponding assessment of the remaining gaps, making use of the procedure
provided for in Article 70 TFEU, and to introduce this evaluation process as part of the
European Agenda on Security;
24. Underlines the need for European agencies and national law enforcement authorities to
combat the main sources of revenue for terrorist organisations, including money
laundering, human trafficking, and the illicit arms trade; calls, in this respect, for the full
implementation of EU legislation in this area, in order to have an EU-wide coordinated
approach; notes that only 50 % of information regarding terrorism and organised crime is
given by Member States to Europol and Eurojust;
25. Invites the Member States to make better use of Europols unique capabilities by ensuring
that their national units provide Europol with the relevant information in a more
systematic and routine manner; further supports the creation of a European counterterrorism platform within Europol to maximise its operational, technical and intelligence
exchange capabilities;

197

26. Stresses the need to step up the effectiveness and the coordination of the criminal justice
response through Eurojust, to harmonise criminalisation of foreign-fighter-related offences
across the EU to provide a legal framework and to facilitate cross-border cooperation, to
avoid prosecution gaps and to address the practical and legal challenges in the gathering
and admissibility of evidence in terrorism cases, by updating Framework Decision
2008/919/JHA;
27. Calls for strong democratic and judicial oversight of counter-terrorism policies and
intelligence work within the EU, with full independent democratic scrutiny, and insists
that security cooperation should be strictly in line with international law;
Adopting an EU external strategy to combat international terrorism
28. Calls for the EU to actively promote a global partnership against terrorism and to work
closely with regional actors such as the African Union, the Gulf Cooperation Council and
the Arab League, and in particular with the countries which are neighbours of Syria and
Iraq and countries who have been dramatically impacted by the conflict, such as Jordan,
Lebanon and Turkey, as well as with the UN and notably its Counter-Terrorism
Committee; calls, in this regard, for increased dialogue between development and security
experts between the EU and those countries;
29. Emphasises, in particular, the need for the EU, its Member States and its partner countries
to base their strategy for combating international terrorism on the rule of law and respect
for fundamental rights; stresses, furthermore, that the Unions external actions to combat
international terrorism should in the first place be aimed at preventing, countering and
prosecuting terrorism;
30. Calls on the European External Action Service (EEAS) to adopt an EU external strategy
for combating international terrorism, in order to address the sources of international
terrorism and mainstream counter-terrorism; calls on the Commission and the EEAS to
develop a counter-terrorism cooperation strategy with third countries while ensuring that
international human rights standards are respected;
31. Urges the EU to revise its strategy towards the southern Mediterranean as part of the
ongoing European Neighbourhood Policy review, and to focus on supporting those
countries and actors who are genuinely committed to shared values and to reform;
32. Stresses the need to focus on preventing and countering radicalisation in the action plans
and political dialogues between the EU and its partner countries, including by increasing
international cooperation, making use of existing programmes and capacities, and working
with civil society actors in countries of interest on countering terrorist and radical
propaganda on the internet and on other means of communication;
33. Stresses that a comprehensive EU strategy on anti-terrorism measures must also make full
use of its foreign and development policies in order to combat poverty, discrimination and
marginalisation, to fight corruption and promote good governance and to prevent and
resolve conflicts, all of which contribute to the marginalisation of certain groups and
sectors of society and thus make them more vulnerable to extremist group propaganda;
o
o

198

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

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TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0033
Renewal of the mandate of the Internet Governance Forum
European Parliament resolution of 11 February 2015 on the renewal of the mandate of
the Internet Governance Forum (2015/2526(RSP))
The European Parliament,
having regard to its resolution of 23 June 2005 on the information society1,
having regard to its resolution of 14 March 2006 on a European information society for
growth and employment2,
having regard to its resolution of 14 January 2008 on the second Internet Governance
Forum3,
having regard to the Declaration of Principles and the Plan of Action of the World Summit
on the Information Society (WSIS), adopted in Geneva on 12 December 2003,
having regard to the Commission communication entitled Towards a Global Partnership
in the Information Society: Translating the Geneva Principles into Actions
(COM(2004)0480),
having regard to the Tunis Commitment and Agenda for the Information Society, adopted
on 18 November 2005,
having regard to the Commission communication following the WSIS in 2006
(COM(2006)0181),
having regard to its resolution of 15 June 2010 on Internet governance: the next steps4,
having regard to the NETmundial Multistakeholder Statement presented on 24 April 2014,
1
2
3
4

OJ C 133 E, 8.6.2006, p. 140.


OJ C 291 E, 30.11.2006, p. 133.
OJ C 41 E, 19.2.2009, p. 80.
OJ C 236 E, 12.8.2011, p. 33.

200

having regard to the Commission communication entitled Internet Policy and


Governance Europes role in shaping the future of Internet Governance
(COM(2014)0072),
having regard to the joint statement by the EU delegation to the Internet Governance
Forum held from 2 to 5 September 2014 in Istanbul,
having regard to Rule 123(2) and (4) of its Rules of Procedure,
A. whereas the purpose of the Internet Governance Forum (IGF) is to carry out its mandate
from the World Summit on the Information Society (WSIS) with regard to convening
forums for democratic, transparent and multistakeholder policy dialogue;
B. whereas the main role and function of the IGF is to discuss a wide range of issues related
to internet governance and, where appropriate, to make recommendations to the
international community;
C. whereas on 20 December 2010 the UN General Assembly decided to extend the mandate
of the IGF for a further five years;
D. whereas the discussion and decision on renewing the mandate of the IGF further will take
place in 2015 at the UN General Assembly;
E. whereas Parliament sent an ad hoc delegation to the WSIS in 2005 and has done so for
every annual meeting of the IGF since then;
F. whereas the ad hoc delegations Parliament has sent have played a pivotal role regarding
the promotion of European values and the interaction with civil society organisations and
representatives of national parliaments present at these events, in cooperation with the
Member States and the Commission;
G. whereas the top priorities for the European Union during the ninth IGF held in September
2014, with the overarching theme Connecting Continents for Enhanced Multistakeholder
Internet Governance, were: expanded internet access globally; maintenance of the
internet as a global, open and common resource; non-discriminatory access to knowledge;
greater accountability and transparency in the multistakeholder internet governance
model; rejection of the idea of a state-controlled internet; and recognition that our
fundamental freedoms and human rights are not negotiable and must be protected online;
H. whereas on 27 November 2014 the EU transport, telecommunications and energy
ministers approved the Council conclusions underlining the importance of a coordinated
European position on internet governance and of support for strengthening the IGF as a
multistakeholder platform;
I. whereas in March 2014 the US Department of Commerces National Telecommunications
and Information Administration (NTIA) announced its intention to transfer the internet
supervision functions of the IANA (Internet Assigned Numbers Authority) to the global
multistakeholder community before the expiry of the current contract between the NTIA
and the Internet Corporation for Assigned Names and Numbers (ICANN) in September
2015; whereas a balanced solution for this transition has to be found in time and should
result in a system that cannot be subject to capture and manipulation, thereby continuing
to ensure a stable internet;

201

J. whereas in April 2014 the NETmundial-Global Multistakeholder Meeting on the future of


Internet Governance drew up a set of principles for internet governance and a roadmap for
future development of the internet ecosystem;
K. whereas growth related to the internet economy is forecast to be almost 11 % in the EU,
with a contribution to GDP expected to rise from 3,8 % in 2010 to 5,7 % in 2016,
L. whereas the internet constitutes a fundamental pillar of the Digital Single Market, and
fosters, inter alia, innovation, growth, trade, democracy, cultural diversity and human
rights;
M. whereas in an open internet all the rights and freedoms that people have offline should
also apply online;
1. Calls on the UN General Assembly to renew the mandate of the IGF, and to strengthen its
resources and the multistakeholder model of internet governance;
2. Considers that, although the IGF will not adopt formal conclusions, the European Unions
responsibility is to support this process and to raise the impact of these exchanges in
policy discussions, as it offers a positive and concrete context for the shaping of the
internets future on the basis of a multistakeholder approach;
3. Calls on the Member States and the EU institutions concerned to keep the IGF high on
their agendas and to continue to support the IGF and its secretariat, and to contribute to
the development of an efficient and independent organisation capable of exercising its
mandate and contributing to the evolving model of internet governance;
4. Stresses that Parliament should continue to participate in future IGF meetings with a
substantial delegation in order to contribute effectively to formulating an EU approach on
internet governance together with the Member States and the Commission;
5. Stresses the need to improve internet access all over the world; underlines that the IGF
should increase the inclusive participation of all stakeholders;
6. Stresses that it is firmly committed to the multistakeholder model of internet governance;
calls upon the Member States, the Commission and all relevant stakeholders to further
strengthen the sustainability of this model by making actors and processes at national,
regional and international levels more inclusive, transparent and accountable;
7. Emphasises the importance of completing the globalisation of the internets core functions
and organisations; welcomes the commitment made by the US Government in March
2014 for the transfer of stewardship over the IANA functions; emphasises the importance
of the full accountability and transparency of ICANN;
8. Underlines the existence of a firm deadline for completion of the negotiations on IANA
functions that will provide a long-term solution for the stability and security of the
internet, as in September 2015 the current agreement between ICANN and the US
Government on the supervision of the IANA function will expire;
9. Calls on the Member States and the Commission to increase their efforts to support the
conclusion of this new timely agreement;

202

10. Calls on the EU institutions concerned to propose the EU itself as a first international
partner with ICANN as regards IANA functions, including a role on equal grounds with
the US and other states in the affirmation of commitments that are currently regulating
IANA services; considers this an important step in ensuring the complete neutrality of
ICANN;
11. Stresses that lessons can already be learnt from the fruitful exchanges held in the context
of the IGF up to now, and can be acted upon, in particular as regards regulatory aspects of
electronic communications, and data security and privacy issues; considers that further
discussions are needed within the IGF on issues related to cybersecurity and cybercrimes,
ranging from solutions to improve the security of critical infrastructures to giving the
appropriate tools for secure communication to individuals and small businesses, notably eauthentication and encryption; underlines the need to secure an open and independent
internet as a global, common resource, together with non-discriminatory access to
knowledge in the future, based on the initiatives and needs of the stakeholders, as well as
freedom of expression;
12. Stresses that it is crucial to continue efforts to ensure legal protection of net neutrality,
which is an indispensable precondition for safeguarding freedom of information and
expression, boosting growth and jobs by developing innovation and business opportunities
related to the internet and promoting and safeguarding cultural and linguistic diversity;
13. Stresses that fundamental freedoms and human rights are not negotiable and must be
protected both online and offline; regrets that some states attempt to curb the global
connectivity of their citizens by censorship and other restrictions; strongly rejects the idea
of a state-controlled internet and mass surveillance of the internet;
14. Stresses the economic and social importance of online rights for privacy and of users
control of their personal data; considers such rights to be fundamental for democracy, an
open and neutral internet and a level playing field for businesses on the web;
15. Instructs its President to forward this resolution to the Commission, the Council, the
Member States and the national parliaments.

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EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0034
Country of origin labelling for meat in processed foods
European Parliament resolution of 11 February 2015 on country of origin labelling for
meat in processed food (2014/2875(RSP))
The European Parliament,
having regard to Regulation (EU) No 1169/2011 of the European Parliament and of the
Council of 25 October 2011 on the provision of food information to consumers, amending
Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and
of the Council, and repealing Commission Directive 87/250/EEC, Council Directive
90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European
Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and
Commission Regulation (EC) No 608/20041 (the Food Information to Consumers
Regulation), and in particular Article 26(6) and (7) thereof,
having regard to the Commission report of 17 December 2013 regarding the mandatory
indication of the country of origin or place of provenance for meat used as an ingredient
(COM(2013)0755), and the accompanying Commission staff working document of
17 December 2013 entitled Origin labelling for meat used as an ingredient: consumers
attitude, feasibility of possible scenarios and impacts (SWD(2013)0437),
having regard to Commission Implementing Regulation (EU) No 1337/2013 of
13 December 2013 laying down rules for the application of Regulation (EU)
No 1169/2011 of the European Parliament and of the Council as regards the indication of
the country of origin or place of provenance for fresh, chilled and frozen meat of swine,
sheep, goats and poultry2,
having regard to its resolution of 6 February 2014 on the abovementioned Commission
implementing regulation of 13 December 20133,

1
2
3

OJ L 304, 22.11.2011, p. 18.


OJ L 335, 14.12.2013, p. 19.
Texts adopted, P7_TA(2014)0096.

204

having regard to its resolution of 14 January 2014 on the food crisis, fraud in the food
chain and the control thereof1,
having regard to the question to the Commission on country-of-origin labelling for meat in
processed food (O-000091/2014 B8-0101/2015),
having regard to the motion for a resolution of the Committee on the Environment, Public
Health and Food Safety,
having regard to Rules 128(5) and 123(2) of its Rules of Procedure,
A. whereas Article 26(6) of the Food Information to Consumers Regulation requires the
Commission to submit a report to Parliament and the Council by 13 December 2013
concerning the mandatory indication of the country of origin or place of provenance of
meat used as an ingredient;
B. whereas Article 26(7) of the abovementioned regulation provides that the report must,
inter alia, take into account the need for the consumer to be informed, the feasibility of
providing the mandatory indication of the country of origin or place of provenance and an
analysis of the costs and benefits of the introduction of such measures; whereas it provides
further that the report may be accompanied by proposals to modify relevant provisions of
EU legislation;
C. whereas on 17 December 2013 the Commission duly published its report regarding the
mandatory indication of the country of origin or place of provenance for meat used as an
ingredient, and an accompanying staff working document entitled Origin labelling for
meat used as an ingredient: consumers attitude, feasibility of possible scenarios and
impacts;
D. whereas it is estimated that 30 % to 50 %, depending on the Member State concerned, of
the total slaughtered meat volume is processed into meat ingredients for foodstuffs, mostly
into minced meat, meat preparations and meat products;
E. whereas the Commission has yet to make any follow-up legislative proposals and
concludes that further appropriate steps will be taken following discussions in Parliament
and the Council;
F. whereas, according to the abovementioned Commission report regarding the mandatory
indication of the country of origin or place of provenance for meat used as an ingredient,
the existing traceability systems in the EU are not adequate to pass on origin information
along the food chain;
G. whereas Article 26(2) of the Food Information to Consumers Regulation provides that
indication of the country of origin or place of provenance is mandatory where failure to
indicate this might mislead the consumer as to the true country of origin or place of
provenance of the food, in particular if the information accompanying the food or the label
as a whole would otherwise imply that the food has a different country of origin or place
of provenance;

Texts adopted, P7_TA(2014)0011.

205

H. whereas the impact assessment that supported the Food Information to Consumers
Regulation indicated that the origin of meat appears to be consumers prime concern
across the EU1;
I. whereas according to the Food Chain Evaluation Consortiums consumer survey of 2013,
meat-based food scored highest among the various food groups covered by the survey
when it comes to interest in origin labelling; whereas, on the basis of a more targeted
examination of different types of processed meat-based product, the survey results
indicate that more than 90 % of consumer respondents consider it important that origin be
labelled;
1. Notes that indication of origin has been mandatory for unprocessed beef and beef products
in the EU as a consequence of the bovine spongiform encephalopathy (BSE) crisis2, and
that EU rules for beef labelling have been in place since 1 January 2002; notes that these
labelling requirements already include place of birth, rearing and slaughter;
2. Considers that the abovementioned requirements applicable to unprocessed beef and beef
products have raised consumer expectations as regards information on the origin of other
types of fresh meat widely consumed in the EU and of meat used as an ingredient in
processed foods;
3. Notes that recital 31 of the Food Information to Consumers Regulation underlines the fact
that the origin of meat is of prime concern to consumers and that as a result consumers
expect to be properly informed about the country of origin of meat; points out, in addition,
that recital 31 stipulates that mandatory labelling requirements should take into account
the principle of proportionality and the administrative burden for food business operators
and enforcement authorities;
4. Stresses that 90 % of companies in the meat processing sector are SMEs; stresses the
special role played by SMEs in the creation of growth and jobs, their contribution to a
competitive European economy and their commitment to safe and high-quality food;
believes that the creation of a level playing field for players in the sector is essential;
5. Reiterates its concern over the potential impact of food fraud on food safety, consumer
health, consumer confidence, the functioning of the food chain and the stability of
agricultural prices, and emphasises the importance of addressing food fraud as a matter of
priority and thereby quickly restoring the confidence of European consumers;
6. Believes that labelling the country or place of origin of meat and meat products does not
in itself prevent fraud, but that a rigorous traceability system does contribute to detecting
possible infringements and taking action against them; notes that recent food scandals,
including the fraudulent substitution of horsemeat for beef, have shown that stricter rules
on traceability and consumer information are wanted by consumers; points out that stricter
1

See Commission staff working document of 30 January 2008 accompanying the proposal for a
regulation of the European Parliament and of the Council on the provision of food information to
consumers Impact assessment report on general food labelling issues (SEC(2008)0092).
Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July
2000 establishing a system for the identification and registration of bovine animals and regarding
the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L
204, 11.8.2000, p. 1).

206

rules on traceability would also enable authorities to investigate food fraud incidents more
effectively;
7. Highlights the importance of considering horsemeat in the context of meat used as an
ingredient in processed foods, besides beef and the meat of swine, sheep, goats and
poultry, as it represents a considerable share of meat used in processed foods;
8. Highlights, further, the fact that the Commissions own report recognises that more than
90 % of consumer respondents consider it important that meat origin be labelled on
processed food products1; notes that this is one of several factors that may influence
consumer behaviour;
9. Believes that labelling the origin of meat used as an ingredient in foods will help ensure
better traceability along the food supply chain, more stable relationships between meat
suppliers and processors and increased diligence when food business operators choose
their suppliers and products;
10. Feels that food labelling should take account of the transparency of the information and its
readability for consumers while enabling European businesses to operate in an
economically viable manner and in conditions acceptable to the consumers purchasing
power;
11. Points out that, as regards price impacts, the results of research undertaken by a French
consumer organisation diverge widely from the findings of the Commissions report as
regards the costs of introducing country-of-origin labelling; recommends that this issue be
further examined in order to gain a clearer picture of the possible price effects, provided
that such an examination is done in conjunction with consumer organisations and would
not delay legislative proposals;
12. Notes that country-of-origin labelling will become mandatory for unprocessed meat of
swine, sheep, goat and poultry as of April 2015; whereas this must be taken into account
in assessing the costs of providing origin information for these types of meat when used as
an ingredient;
13. Notes that current voluntary origin information can give misleading information to
consumers;
14. Calls on the Commission to review such voluntary schemes on origin labelling and
propose clear, consistent, harmonised and enforceable rules when producers decide to
implement voluntary origin labelling;
15. Notes further that while, as indicated in the Commission report, an EU/non-EU labelling
indication requirement would be a lower-cost alternative, research undertaken by the
European Consumer Organisation (BEUC), which covers some Member States, has found
that this would not be an acceptable solution for consumers2;

1
2

COM(2013)0755, p. 7.
http://www.beuc.org/publications/2013-00043-01-e.pdf

207

16. Believes that the Commission should investigate further the practice (which is already
fairly widespread) among some European retailers and manufacturers of labelling the
origin of meat in processed foods and to report its findings;
17. Reiterates its call for the Commission to take all necessary steps to make the prevention
and combating of food fraud an integral part of EU policy and to address structural
weaknesses within the overall food chain, in particular by increasing and strengthening
monitoring;
18. Urges the Commission to adopt an implementing act concerning the application of Article
26(3) of the Food Information to Consumers Regulation, which relates to the indication of
the country of origin of primary ingredients where this is not the same as that of the food
product;
19. Urges the Commission to follow up its report with legislative proposals making the
indication of the origin of meat in processed foods mandatory in order to ensure greater
transparency throughout the food chain and to better inform European consumers, while
taking into account its impact assessments and avoiding excessive costs and
administrative burdens;
20. Instructs its President to forward this resolution to the Council, the Commission and the
governments and parliaments of the Member States.

208

EUROPEAN PARLIAMENT

2014 - 2019
TEXTS ADOPTED
Provisional edition

P8_TA-PROV(2015)0035
The work of the ACP-EU Joint Parliamentary Assembly
European Parliament resolution of 11 February 2015 on the work of the ACP-EU Joint
Parliamentary Assembly (2014/2154(INI))
The European Parliament,
having regard to the Partnership Agreement between the members of the African,
Caribbean and Pacific Group of States, of the one part, and the European Community and
its Member States, of the other part, signed in Cotonou on 23 June 20001 (the Cotonou
Agreement), as first amended in Luxembourg on 25 June 20052 and as amended for the
second time in Ouagadougou on 22 June 20103,
having regard to its position of 13 June 2013 on the draft Council decision on the
conclusion of the Agreement amending for the second time the Partnership Agreement
between the members of the African, Caribbean and Pacific Group of States, of the one
part, and the European Community and its Member States, of the other part, signed in
Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 20054,
having regard to the Rules of Procedure of the ACP-EU Joint Parliamentary Assembly
(JPA), as adopted on 3 April 20035 and most recently amended in Addis Ababa (Ethiopia)
on 27 November 20136,
having regard to Regulation (EU) No 233/2014 of the European Parliament and of the
Council of 11 March 2014 establishing a financing instrument for development
cooperation for the period 2014-20207,

1
2
3
4
5
6
7

OJ L 317, 15.12.2000, p. 3.
OJ L 287, 28.10.2005, p. 4.
OJ L 287, 4.11.2010, p. 3.
Texts adopted, P7_TA(2013)0273.
OJ C 231, 26.9.2003, p. 68.
OJ C 64, 4.3.2014, p. 38.
OJ L 77, 15.3.2014, p. 44.

209

having regard to its position of 11 December 2013 on the proposal for a regulation of the
European Parliament and of the Council establishing a financing instrument for
development cooperation1,
having regard to its resolution of 12 March 2013 on the preparation of the multiannual
financial framework regarding the financing of EU cooperation for African, Caribbean
and Pacific States and Overseas Countries and Territories for the 2014-2020 period (11th
European Development Fund)2,
having regard to its decisions of 3 April 2014 on discharge in respect of the
implementation of the budget for the Eighth, Ninth and Tenth European Development
Funds for the financial year 20123, and of 3 April 2014 on the closure of the accounts of
the Eighth, Ninth and Tenth European Development Funds for the financial year 20124,
and to its resolution of 3 April 2014 with observations forming an integral part of its
decision on discharge in respect of the implementation of the budget for the Eighth, Ninth
and Tenth European Development Funds for the financial year 20125,
having regard to the resolutions adopted by the JPA on 27 November 2013 on: the respect
for the rule of law and the role of an impartial and independent judiciary; South-South
cooperation and triangular cooperation: opportunities and challenges for the ACP
countries; the social and environmental impact of pastoralism in ACP countries, and
security in the Great Lakes region,
having regard to the resolutions adopted by the JPA on 19 June 2013 on: the threats posed
again by military coups to democracy and political stability in the ACP countries, and the
role of the international community; Economic Partnership Agreements next steps;
human resources for health in ACP countries; the situation in the Republic of Guinea; and
the situation in the Central African Republic,
having regard to the resolutions adopted by the JPA on 29 November 2012 on: the
political and humanitarian crisis in Somalia: the challenges for the European Union and
the ACP group; ICT-based entrepreneurship and its impact on development in the ACP
countries; and the importance of access to energy for sustainable economic development
and the achievement of the Millennium Development Goals,
having regard to the resolutions adopted by the JPA on 30 May 2012 on: the political
impact of the Libyan conflict on neighbouring ACP and EU States; price volatility, the
functioning of global markets for agricultural products and their impact on food security
in ACP countries; and the social and environmental impact of mining in ACP countries,
having regard to the Communiqu adopted on 19 July 2013 in Abuja (Nigeria) at the JPA
West African regional meeting6,

1
2
3
4
5
6

Texts adopted, P7_TA(2013)0571.


Texts adopted, P7_TA(2013)0076.
OJ L 266, 5.9.2014, p. 145.
OJ L 266, 5.9.2014, p. 158.
OJ L 266, 5.9.2014, p. 147.
APP 101.509.

210

having regard to the Communiqu adopted on 16 February 2013 in Santo Domingo


(Dominican Republic) at the JPA Caribbean regional meeting7,
having regard to the Communiqu adopted on 20 July 2012 in Apia (Samoa) at the JPA
Pacific regional meeting2,
having regard to the Communiqu adopted on 24 February 2012 in Lusaka (Zambia) at
the JPA Southern African regional meeting3,
having regard to the Code of Conduct adopted on 19 June 2013 for Members of the ACPEU Joint Parliamentary Assembly participating in election observation missions,
having regard to the UN Millennium Declaration of 18 September 2000, which sets out
the Millennium Development Goals (MDGs) as objectives established jointly by the
international community for the elimination of poverty,
having regard to the communication from the Commission to the European Parliament,
the Council, the European Economic and Social Committee and the Committee of the
Regions entitled Increasing the impact of EU development policy: an Agenda for
Change (COM(2011)0637),
having regard to Rule 52 of its Rules of Procedure,
having regard to the report of the Committee on Development (A8-0012/2015),
A. whereas the ACP-EU JPA has a unique status, being the only multilateral
interparliamentary assembly set up under an international agreement, the Cotonou
Agreement;
B. whereas the JPA has developed into a genuine parliamentary assembly, offering a forum
for the open and frank discussion of issues which are central to development cooperation,
and makes a considerable contribution to the partnership on an equal footing between the
ACP countries and the EU;
C. whereas the Cotonou Agreement between the members of the ACP Group of States and
the EU is centred on the target of reducing and eventually eradicating poverty; whereas
cooperation should also contribute to sustainable economic development, which is a basis
for lasting peace and security and the democratic and political stability of the ACP
countries;
D. whereas fact-finding missions were organised in 2013, to Mali to better understand the
fragile situation of the country, to Liberia to contribute to the political dialogue as foreseen
in Article 8 of the Cotonou Agreement, and to Haiti to verify the reconstruction and the
political situation;

7
2

APP 101.351.
http://www.europarl.europa.eu/intcoop/acp/2012_samoa/
pdf/apia_communique_fin_en.pdf
http://www.europarl.europa.eu/intcoop/acp/2012_lusaka/pdf/
lusaka_communique_final_en.pdf

211

E. whereas, after the adoption by the Assembly of a Code of Conduct for its Members
participating in election observation missions, a new dynamic has been created which
contributes to added value, as is the case of the joint JPA missions to the presidential
elections in Mali and the parliamentary elections and the second round of presidential
elections in Madagascar;
F. whereas the revision of the Cotonou Partnership Agreement in 2010 strengthened the role
of the JPA and its regional dimension;
G. whereas full involvement of the JPA should be ensured in the framework of the political
dialogue conducted in accordance with Article 8 of the Cotonou Agreement;
H. considering that it would be important to stimulate a regular informal dialogue based on
substantial analysis with different categories of relevant official and non-official actors, in
ACP-UE circles (the Joint Parliamentary Assembly, the ACP-EU Council, the ACP-EU
private sector and civil society dialogues) and in other circles that do not have a direct
interest in the ACP-EU world;
I. whereas from 2003 to 2013, almost all the European sessions of the JPA took place in
principle in the country holding the rotating presidency of the Council of the European
Union; whereas the rotating presidencies must respect the commitments made under the
Cotonou Partnership Agreement in this regard;
J. considering that the rapid rise of the BRICS (Brazil, Russia, India, China and South
Africa) and other emerging economies at the global level and in the ACP countries and
regions is having a growing impact on the ACP Group and the current state of ACP-EU
relations;
K. whereas under the new rules governing travel adopted by the European Parliaments
Bureau, accredited parliamentary assistants are no longer able to assist Members during
plenary sessions of the JPA, which has a considerable impact on parliamentary work;
1. Welcomes the fact that the JPA, as one of the joint institutions of the Cotonou Agreement,
continues to provide a framework for an open, democratic and comprehensive dialogue
between Members of the European Parliament and the parliamentarians from ACP
countries on implementation of this Agreement, including scrutiny of development
cooperation under the EDF and conclusion and implementation of the EPAs; welcomes
the capacity of the JPA to be a forum in which difficult and controversial subjects can be
discussed frankly and openly; calls, therefore, for the future agreement, replacing the
Cotonou Agreement, to include an explicit mention of non-discrimination on grounds of
sexual orientation or gender identity, as demanded on many occasions by the European
Parliament;
2. Stresses the need to strengthen political dialogue, and in this respect stresses the JPAs role
in promoting and defending the principles set out in Article 9 of the Cotonou Agreement,
particularly those relating to the rule of law and good governance;
3. Stresses the added value of holding the JPA sessions in the EU Member States holding the
EU Council Presidency by rotation, and believes that this rotation should be maintained in
the future; expresses concern at the unfortunate circumstances that led the Irish Presidency
not to host the 25th Session; commends, however, the government of Denmark for

212

agreeing to host the highly successful 23rd Session in Horsens, where cultural and
educational links were established between the citizens of Horsens and ACP delegates;
deplores the lack of interest shown by some EU Member States having held, or expected
to hold in the future, the EU Council Presidency by rotation, in hosting the JPA sessions;
calls on any EU Member State holding the EU Council Presidency by rotation to involve
itself more deeply in the preparation, organisation and hosting of the JPA session;
4. Underlines the importance of the JPA meetings, including the meetings of standing
committees, but regrets that there was often unequal participation between EU members
and ACP members and is concerned at the declining participation of EP members,
particularly during the voting sessions; notes that there was more equal participation in
missions, such as the regional meetings, and hopes these examples will be followed for
JPA meetings in Brussels in the future;
5. Recalls the commitment expressed by the outgoing Vice-President/High Representative
that the EU Council should be represented at ministerial level at the sessions of the
Assembly, and calls on the incoming Vice-President/High Representative to respect this
commitment;
6. Recalls the obligation of the ACP-EU Council to provide an annual report to the Assembly
on the implementation of the Cotonou Agreement, which should include political, socioeconomic and environment impact elements, rather than being a mere account of meetings
held;
7. Recalls that, in accordance with Article 14 of the revised Cotonou Agreement, the joint
institutions shall endeavour to ensure coordination, coherence and complementarity as
well as an effective and reciprocal flow of information; is of the opinion that, as the
President of the European Parliament is invited to the meetings of the European Council,
the two Co-Presidents of the JPA should be given the opportunity to participate in the
sessions of the Joint ACP-EU Council of Ministers; invites the Vice-President/High
Representative to further improve the existing cooperation and ensure that the JPA is
invited to participate in the next Joint Council;
8. Stresses the crucial role of the ACP national parliaments, local authorities and non-state
actors in the preparatory phases and monitoring of the Country and Regional Strategy
Papers and the implementation of the European Development Fund (EDF); calls on the
Commission and the ACP governments to guarantee their involvement by supplying all
available information to the parliaments of the ACP countries in good time, and assisting
them in exercising democratic scrutiny, in particular by means of capacity building;
9. Takes note of the work of the Working Groups of the Committee on Development of the
European Parliament on scrutiny in assessing and monitoring the programming documents
for ACP countries and regions under the 11th European Development Fund, and asks for a
reporting procedure to the JPA members on the outcomes of this process;
10. Congratulates the JPA Bureau for extending its work beyond purely administrative matters
and using its meetings also for political discussions, by including on the agenda of its
meetings in Brussels and Addis Ababa substantive issues of mutual concern, such as the
future of ACP-EU relations after 2020; invites continuation of this practice in the future;

213

11. Calls on the JPA Bureau to develop a more strategic orientation concerning the work
programme of the Assembly and the choice of reports by its Standing Committees,
making sure that the reports are closely linked to the strategic objectives of the JPA and
contribute in particular to the negotiations on the post-2015 development framework and
EU-ACP relations after 2020;
12. Reiterates its deepest concern at the deteriorating political and humanitarian situations in
several ACP countries and regions, including the domestic and external repercussions of
such situations at various levels, and expresses solidarity with the affected populations;
calls on the JPA to continue to monitor the situation in ACP countries in crisis, to pay
closer attention to situations of state fragility, and to call on the ACP and EU States to
fight in a coordinated fashion against the outbreak of the Ebola virus in Western Africa;
13. Welcomes the increasingly parliamentary and hence political nature of the JPA,
together with the ever more active role played by its members and the greater quality of its
debates, which are helping it make a vital contribution to the ACP-EU partnership; calls
on the JPA to strengthen the dialogue on human rights in line with the UN Declaration of
Human Rights and the Cotonou Agreement, and to place this dialogue on its agendas as a
recurring item;
14. Draws attention to the fact that the discussion on the post-2020 ACP-EU relations and the
future of the ACP group is under way, and stresses the importance of the role that the JPA
should play in this process; underlines, in this regard, the need for a comprehensive and
strengthened joint parliamentary oversight, independently of the final outcome; stresses
that any future agreement taking the place of the Cotonou Agreement should include an
explicit mention of non-discrimination on grounds of sexual orientation or gender identity,
as demanded on many occasions by the European Parliament;
15. Reiterates its deep concern over the adoption and discussion of legislation further
criminalising homosexuality in some ACP countries; calls on the JPA to place this on the
agenda for its debates; calls for reinforcement of the principle of non-negotiable human
rights clauses and sanctions for failure to respect such clauses, inter alia with regard to
discrimination based on sex, racial or ethnic origin, religion or belief, disability, age,
sexual orientation or gender identity and against people living with HIV/AIDS;
16. Considers that the post-Cotonou discussion should be an occasion to thoroughly analyse
both the failure and the success of the current agreement in terms of the sustainable socioeconomic development of ACP countries; believes also that any future ACP-EU
development and economic cooperation, as well as trade and investment arrangements,
should ensure that no ACP country be left worse off;
17. Calls on the JPA bureau to appoint, within the JPA, two standing co-rapporteurs on Policy
Coherence for Development (PCD), to work closely with the European Parliaments PCD
standing rapporteur, and to produce a biannual report on the implementation of Article 12
of the revised Cotonou Agreement;
18. Believes that, coinciding with JPA sessions, meetings should be held with civil society
organisations active in the countries concerned, the idea being to foster a broader vision
and to capitalise on their fund of experience and activities, emphasising best practice, with
a view to forging closer ties with those organisations;

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19. Insists that the EPAs with ACP countries should serve development objectives which
reflect both national and regional interests and the needs of the ACP populations in order
to reduce poverty, achieve the MDGs and ensure respect for fundamental human rights,
including socio-economic rights such as the right to food or the right to access basic
public services;
20. Invites the EU-ACP JPA to develop a common approach in defining the future
development framework after 2015; encourages the engagement of the JPA members in
negotiations on the new Sustainable Development Goals;
21. Welcomes the fact that successful regional meetings as provided for in the Cotonou
Agreement and the JPA Rules of Procedure were held in 2012 and 2013; acknowledges
that these meetings make for a genuine exchange of views on regional issues, including
conflict prevention and resolution, regional integration and cooperation, and the
negotiations for the WTO-compatible EPAs; commends the organisers of the successful
meetings in Nigeria, the Dominican Republic, Samoa and Zambia;
22. Stresses the importance of the workshops organised during the JPA sessions, which
complement the plenary debates; invites the Bureau, which is responsible for monitoring
the follow-up to resolutions and decisions of the Assembly, to enhance its role and follow
up with the chair and rapporteur of the standing committee concerned;
23. Welcomes the participation of the EP Co-President of the JPA in the informal meetings of
EU Ministers for Development and in the 7th Summit of ACP Heads of State and
Government;
24. Calls on the Commission to continue the practice of providing answers in writing
beforehand to the oral questions tabled at each session of the Assembly;
25. Calls on the states that have not yet done so to ratify the revised Cotonou Agreement;
26. Commends Commissioner Piebalgs for his dedicated involvement and the high quality of
his contribution to the work of the JPA;
27. Instructs its President to forward this resolution to the Council, the Commission, the ACP
Council, the Vice-President of the Commission/High Representative of the Union for
Foreign Affairs and Security Policy, the JPA Bureau, and the Governments and
Parliaments of Denmark, Suriname, Ireland and Ethiopia.

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