Legislation

Recommendation on the draft Council decision on the conclusion of the Fisheries Partnership Agreement and of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement

(13501/2012 – C7–0007/2013 – 2012/0215(NLE))

This report by Antolín SÁNCHEZ PRESEDO (S&D, ES) was written for and adopted by the Committee on Fisheries. The opinion was sought and received from the Committee on Budgets. The report is concerned with the draft Council decision on the conclusion of the Fisheries Partnership Agreement and of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement.

Mauritius is an island nation in the Indian Ocean. The economy is largely based on sugar, tourism, textiles and apparel, and financial services. It is expanding into fish processing, IT, and hospitality and property development. GDP is $1.29 billion and it ranks as the 82nd country in the world by GDP per capita - estimated at $15,000.

An EU-Mauritius Protocol has been finally established to replace the previous protocol which expired in 2007. Since then, the EU has had to fish under private access regimes. The new Agreement and the Protocol (COM (2012) 442), initialled on the 23rd February 2012, contains a clause of exclusivity for the European fisheries sector. The conclusion of this Agreement and the Protocol is conditional upon the consent of the European Parliament. The Parliament needs to ascertain that the new Agreement and Protocol provides:

reasonable economic settlement

methods for the conservation and sustainable exploitation of the relevant fish stocks

adequate support and sufficient conditions for the local fishing sector

In an evaluation carried out on behalf of the Commission prior to the new Agreement, it was identified that there were no adverse economic, environmental or social effects from the previous Agreement. In fact, it was discovered that the previous agreement had actually strengthened the European and Mauritian fisheries sectors and benefited local populations. Mauritius’s fishing zones did not show any particular biological or environmental sensitivity, and as the EU vessels and those of the host nation would be fishing in different areas and fishing for different types of catches, it reduced the likelihood of over-fishing of a particular area or of a particular species.

EU vessels will be required to employ a certain number of Mauritian seamen. The new Protocol includes clauses which allow for the withdrawal of the Agreement under certain circumstances, in particular in the case of breach of fundamental elements of human rights and democratic principles as provided for in Art. 9 of the Cotonou Agreement. However, Mauritius is a democracy and has a good record in respecting such rights and democratic principles.

The report also stipulates that this Agreement will help Mauritius to combat illegal, unregulated and unreported (IUU) fishing, as well as having a major impact on the country’s budgetary and political stability.

Lastly the report notes that some organizations involved in the field of fisheries in Mauritius have expressed concern over the manner in which the negotiations leading to the new FPA and the new Protocol have developed. Therefore the EU must do its best to maintain its integrity and credibility and encourage trust in the population in order to preserve the long-term mutual benefits of the Agreement.

The European Parliament voted to approve the report on the 16th April 2013 with 690 for, 5 against and 10 abstentions.

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Report on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/010 AT/Austria Tabak from Austria)

(COM(2013)0119 – C7-0059/2013 – 2013/2048(BUD))

This report by Frédéric DAERDEN (S&D, BE) was written for and adopted by the Committee on Budgets. The opinion was sought and received from the Committee on Employment and Social Affairs. The report is concerned with the application for the mobilisation of the European Globalisation Adjustment Fund for the amount of EUR 3,941,999 for 270 workers in Austria. The redundancies have been instigated in the municipality of Hainburg. This is one of the most easternly situated towns in Austria - bordering Slovakia and located in the structurally weak district of Bruck an der Leitha. Many workers from Slovakia - and indeed also from Hungary - take up work on the Austrian side of the cross-border area to benefit from salary levels that are higher than those in their native member states.

The European Globalisation Adjustment Fund (EGF) was established to provide support for workers made redundant by major shifts in world trade patterns and to assist them in their re-integration into the labour market.

In March 2013, the Commission decided that this application met the criteria for deployment of the EGF as set out in Regulation (EC) No 1927/2006.

The Austrian authorities adopt the position that the tobacco and cigarette industry has suffered as a consequence of changing world trade patterns. There has been a significant reduction of the EU market share. This is caused in part by the delocalization of production to third countries as well as by the significant reduction in consumption of tobacco products in the EU, USA and Japan during the past decade.

The coordinated package includes measures such as career advice, job search assistance, training and intensive support for workers aged over 50.

The European Parliament voted to approve the report on the 16th April 2013 with 557 for, 83 against and 74 abstentions.

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Alternatively visit the website at www europarl.europa.eu

Report on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/016 IT/Agile from Italy)

(COM(2013)0120 – C7-0060/2013 – 2013/2049(BUD))

This report by Angelika Werthmann (ALDE, AT) was written for and adopted by the Committee on Budgets. The opinion was sought and received form the Committee on Employment and Social Affairs. The report is concerned with the application for the mobilisation of the European Globalisation Adjustment fund on the behalf of the Italian I.T. services provider, Agile S.r.l.

The European Globalisation Adjustment Fund (EGF) was set up to provide support for workers made redundant by major shifts in world trade patterns and to assist them in their reintegration into the labour market.

This application is the third for the year 2013. It refers to the mobilisation of a total amount of EUR 3,689,474 from the EGF for Italy for the support of 1,257 redundancies in Agile S.r.l.

The report notes that the financial crisis has hit the IT sector badly. In 2009 the volume of trade decreased by EUR 20 billion. This represented a 5.4 % reduction compared with the previous year.

The coordinated assistance package for laid-off workers includes career advice, job-searching assistance, vocational training, post-graduate education and contributions to business start-ups.

The European Parliament voted to approve the report on the 16th April 2013 with 619 for, 72 against and 24 abstentions.

To read the report click here

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Report on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98

(COM(2012)0447– C7-0213/2012 – 2012/0216(COD))

This report by Raül ROMEVA i RUEDA (Greens/EFA, ES) was written for and adopted by the Committee on Fisheries. It reviews the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98.

The report states that cetacean [marine mammals] numbers have experienced a dramatic decrease in recent years. It is estimated that tens of thousands die each year in EU waters alone. Therefore, the Commission is called upon to review the effectiveness of the measures laid down in this Regulation by no later than the 31st December 2015, and accompany this review with an overarching legislative proposal for ensuring the effective protection of cetaceans.

The report also asks for a stricter definition of the circumstances under which the Commission may adopt delegated acts.

It is proposed that the Commission is limited to a three-year period of delegation of power from the entry into force of this Regulation. Furthermore the Commission is obliged to report regularly on its use of delegating powers such that such use can be questioned and evaluated.

The European Parliament voted to approve the report on the 16th April 2013 with 690 for, 5 against and 10 abstentions.

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Report on the request for waiver of the immunity of Jürgen Creutzmann

(2013/2016(IMM))

This report by Francesco Enrico Speroni (EFD, IT) was written for and adopted by the Committee on Legal Affairs. It is concerned with the request for the waiver of Jürgen Creutzmann’s parliamentary immunity.

The German authorities submitted a request for the waiver of the parliamentary immunity of Jürgen Creutzmann in connection with proceedings being brought by the Frankenthal public prosecutor’s office.

The criminal proceedings brought against Mr Creutzmann include the allegation that he committed the criminal offence of causing bodily harm by negligence while driving.

It is alleged that Mr Creutzmann failed to give way to another vehicle at a junction. This resulted in a collision and the passenger of the other vehicle was seriously injured.

The report quotes from Article 9 of the Protocol (No 7) to the TFEU on the Privileges and Immunities of the European Union and Article 46 of the German Basic Law (Grundgesetz), which relate to the parliamentary waiver protocol.

The Committee on Legal Affairs recommends that the European Parliament should waive the parliamentary immunity of Jürgen Creutzmann.

The European Parliament voted to approve the report on the 16th April 2013.

To read the report click here

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Report on the impact of the financial and economic crisis on human rights

(2012/2136(INI))

This own-initiative report by Inese VAIDERE (ALDE, LV) was written for and adopted by the Committee on Foreign Affairs. AN opinion was sought and received from the Committee on Development. The report is concerned with the impact of the financial and economic crisis on human rights.

 

The report highlights the impact of the economic crisis upon economic, social and political rights. Though the full scale of this impact is yet to be ascertained, it is clear that enhanced social unrest which has sometimes led to violent repression has been experienced in several countries. Indeed the popular protests such as those which took place in North Africa and the Middle East in 2011 – the so-called Arab Spring - may too have been influenced by the economic crisis.

Clearly, the impact of the economic crisis on development aid is also tangible. The EU’s collective official development assistance (ODA) funds decreased from EUR 53.5 billion in 2010 to EUR 53.1 billion in 2011, bringing the EU ODA level to 0.42% of gross national income (GNI), down from the 2010 outcome of 0.44% of GNI. Nonetheless, the EU and its Member States remain the world’s leading providers of ODA.

An objective of the EU is to defend and promote human rights and fundamental freedoms. These consist of the right to food, water, education, adequate housing, land, decent work, health and social security. The EU is firm in its stance that while the economic crisis has impacted severely on the fulfilment of economic, social and cultural (ESC) rights, there is no justification for states, whatever their level of income, to compromise on their obligation to respect fundamental human rights. Particular care must be taken of the most vulnerable groups, which includes the poor, women and children.

To strengthen the European Aid programme, there is a need for the EU to offer steady support to projects financed by the European Instrument for Human Rights and Democracy (EIDHR) for human rights defenders, and to maintain and deliver on their existing bilateral and multilateral ODA commitments. Focus should be given to those areas which suffer from the least progress.

The report confirms the EU’s intention of targeting its aid on the least developed countries, and calls on the international community to provide assistance to the sub-Saharan countries in order to prevent the financial crisis worsening the on-going humanitarian crisis in the region.

The report also calls for targeting the challenges of providing food security, noting that 868 million people are suffering from chronic malnutrition, with the vast majority of these (850 million) living in developing countries. Ways for tackling this problem include supporting small-scale producers, particularly agricultural cooperatives and women, as this is most effective in reducing extreme poverty. Governments are also called upon to prevent national and international financial speculators investing in land - for such activities can have a negative impact upon small-scale farming and the environment. They also ask governments not to cut - nor to limit - food subsidies and to provide greater transparency on the activities of the commodity markets.

Global unemployment rose by 27 million since the beginning of the financial crisis in 2008. The EU supports the global introduction of a financial transaction tax. Such a tax would provide an innovative financing mechanism to support development which in turn contributes to the universal fulfilment of economic and social rights. As a matter of urgency, the EU calls for the enforcement of policies against discrimination in order to allow more women to enter the labour market.

The report concludes that the millennium goals are unlikely to be achieved by the target date of 2015. Therefore, after this date, priority should be given to the universal implementation of human rights, taking into account the economic crisis and focusing on the poorest and most vulnerable people.

The European Parliament voted to approve the report on the 18th April 2013.

To read the report click here

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On 12th March, 2013 the European Parliament (EP) adopted the report (578 for, 59 against, 34 abstentions), drafted by Michèle Rivasi, on behalf of Committee on the Environment, Public Health and Food Safety (ENVI), at the Plenary in Strasbourg.

Report on the proposal for a Council directive laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (COM(2012)0147 – C7-0105/2012 – 2012/0074(NLE))

One of the core policies of the European Union (EU), in the fields of human health and environmental protection, is the provision of safe drinking water for its citizens and the quality of drinking water is currently regulated by Council Directive 98/83/EC "on the quality of water intended for human consumption", otherwise known as the Drinking Water Directive (DWD), which includes the regulation of contaminants such as toxic chemicals and radionuclides.

"Drinking water contamination by radioactive substances may occur through accidental releases of radioactivity or through improper disposal practices. Water systems that are vulnerable to this type of contamination undergo extensive monitoring for radioactive contamination to ensure that the water is safe for drinking. There are many regions in Europe where the geological and hydrological features are such that the presence of naturally occurring radioactive substances is of concern. So far the requirements for monitoring tritium and total indicative dose under Council Directive 98/83/EC have not been implemented, pending the adoption of amendments to Annexes II (monitoring) and III (specifications for the analysis of parameters). Technical requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption have been finalised for about six years now, after a consultation process involving the Group of Experts provided for under Article 31 Euratom, the Committee established under the Drinking Water Directive and the consultation of the Committee of Member State representatives established under Articles 35-36 of the Euratom Treaty." (COM(2012)0147)

The Rapporteur, Michèle Rivasi, recommends a change of the legal basis, to the appropriate provisions relating to the protection of the environment (Article 192(1) of the Lisbon Treaty), and all Annexes for parametric values such as monitoring radioactive substances (sampling and analysis methods) should be periodically reviewed by the Commission in the light of scientific and technical progress amending via delegated acts if necessary. In addition the Rapporteur wants the important distinctions, established by the International Commission on Radiological Protection (ICRP), regarding natural and artificial sources of radioactivity, different exposure groups and issues relating to age, be included in the proposal.

On the 23rd January 2013 ENVI adopted the report (61 for, 0 against, 1 abstention), drafted by Michèle Rivasi, recommending that the Commission's proposal be amended in the following areas:
Amendment of legal basis:
Parametric values:
Non-compliance with a parameter that has an indicator function:
Information for consumers:
Natural mineral water:
Monitoring programmes:
Samples and analysis:
Natural radiation levels and radiation from human activity:
Review of Annexes:

The Report can be read here

Or alternatively visit the website: www.europarl.europa.eu

On 12th March, 2013 the European Parliament (EP) adopted the report (634 for, 42 against, 5 abstentions), drafted by Bas Eickhout, on behalf of Committee on the Environment, Public Health and Food Safety (ENVI), at the Plenary in Strasbourg.

Report on the proposal for a regulation of the European Parliament and of the Council on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change (COM(2011)0789 – C7-0433/2011 – 2011/0372(COD)).

The United Nations Framework Convention on Climate Change (UNFCCC), approved on behalf of the European Community (EC) by Council Decision No 94/69/EC of 15th December 1993, aims to stabilise greenhouse gas (GHG) concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. In order to achieve the objective, of preventing overall global annual mean surface temperature from exceeding 2ºC above pre-industrial levels, the IVth Intergovernmental Panel on Climate Change (IPCC) Assessment Report states that global emissions of greenhouse gases must peak by 2020.

Following this the Kyoto Protocol, ratified by the European Union (EU) on 31st May 2002 (entering into force on 16th February 2005), sets binding targets for reducing, or limiting GHG emissions for the EU and the Member States (except Malta and Cyprus). In March 2007, the EC also made commitment to reduce the EU's overall GHG emissions by at least 20% below 1990 levels by 2020 (by 30% provided that other developed countries commit themselves to comparable emission reductions) and the Climate and Energy package, agreed in December 2008, translated the 20% reduction targets into law. These targets were then reiterated in Decision 2/CP.15 ("the Copenhagen Accord") in January 2010.

"The objective of Decision No 280/2004/EC, referred to hereafter as the "Monitoring Mechanism Decision," was to establish a mechanism for monitoring all anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol; evaluating Member States' progress on their obligations under the UNFCCC and the Kyoto Protocol; implementing the reporting requirements under the UNFCCC and the Kyoto Protocol; and ensuring the timeliness, completeness, accuracy consistency, comparability and transparency of reporting by the Union and the Member States to the UNFCCC Secretariat." (COM(2011)0789)

After a period of consultation the European Commission proposes revising/replacing the monitoring mechanism, established under Decision No 280/2004/EC, with a regulation which will improve the existing monitoring and reporting system and ensure compliance with EU and Member State commitments, and obligations, under current and future international climate change agreements and thus fulfil the legal requirements of the Climate and Energy Package, and to support the development of climate mitigation and adaptation.

In order to achieve these targets it is necessary that reliable and accurate data on GHG emissions are available so that the EU and its Member States can monitor their performance and see if they are on track to meet their target. This data is also vital for developing robust new policies to address the climate challenge. Rapporteur, Bas Eickhout, fully supports the proposed improvements to streamline and enhance the EU rules for reporting and monitoring greenhouse gas emissions, thus increasing the EU´s credibility with developing countries, by providing transparent and comprehensive information on the type and amount of support provided but proposes. He also proposed to strengthen the Commission's proposal in several areas.

On the 30th May 2012 ENVI adopted the report (48 for, 1 against, 4 abstentions), drafted by Bas Eickhout, recommending that the Commission's proposal be amended in the following areas:
Purpose and scope:
The Unions system for monitoring and reporting emissions:
Low-carbon development strategies:
Reporting climate-relevant emissions from maritime transport:
Use of satellite data:
Commission reporting on financial support and technology transfer to developing countries:

The Impact Assessment can be read here and the Impact Assessment Summary here

The Report can be read here

Or alternatively visit the website: www.europarl.europa.eu

Recommendation on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Moldova amending the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas

(12012/2012 – C7-0201/2012 – 2012/0140(NLE))

This report by Marian-Jean MARINESCU (EPP, RO) was written for and adopted by the Committee on Justice, Liberties and Home Affairs. An opinion was sought from the Committee on Foreign Affairs – but none was forthcoming. The Visa Facilitation Agreement has existed between the European Community and the Republic of Moldova since the 1st January 2008. Negotiations regarding amendments to this Agreement have been conducted in 2011 and it was finalized on the 22nd of March 2012.

The key amendments to the agreement are as follows:

Holders of biometric passports can enter, leave and transit through the territories of Member States.

Documentation requirements have been simplified for a wider number of applicants. Now are included: drivers conducting international cargo and passenger transportation services, journalists and their technical crew, close relatives of EU citizens and participants in official EU cross-border cooperation programmes.

The criteria for multiple-entry visas have also been simplified and cater for a wider category of persons, such as spouses, children and parents visiting citizens of the Republic of Moldova who are legally residing in the European Union.

Close relatives of citizens of the European Union, crew accompanying journalists, persons attending conferences and seminars organised by non-profit organizations, representatives of civil society, and participants in official EU cross-border cooperation programmes shall benefit from a full waiving of the visa fee.

Moldovan citizens shall have the option to apply through an external service provider, for a fee of EUR 30; also citizens will be exempted from the requirement to appear in person when lodging an application.

The report highlights the many benefits of this Agreement. It notes that, considering Moldova’s European aspirations, the Agreement will permit a closer relationship with the EU, and will promote economic development, cultural and scientific dialogue, stability, security and well-being of the citizens.

The report states that the following should be highlighted as important aspects of the Agreement when it comes into force:

Data exchange between the Moldovan authorities and the EU regarding lost and stolen biometric passports.

The Moldovan authorities should organise information campaigns to inform citizens of the new possibilities and to clarify rules, rights and liabilities.

The new IT systems need to be able to calculate and process data in line with the future smart borders legislation.

There needs to be harmonisation among all Member States regarding the rules against illegal employment of third-country nationals.

The European Parliament voted to approve the report on the 18th April 2013.

To read the report click here

Alternatively visit the website at www..europarl.europa.eu

On 12th March, 2013 the European Parliament (EP) adopted the report (635 for, 42 against, 3 abstention), drafted by Kriton Arsenis, on behalf of Committee on the Environment, Public Health and Food Safety (ENVI), at the Plenary in Strasbourg.

Report on the proposal for a decision on accounting rules and action plans on greenhouse gas emissions and removals resulting from activities related to land use, land use change and forestry (COM(2012)0093 – C7-0074/2012 – 2012/0042(COD))

This proposal has been brought forward because the European Commission believes that the European Union needs to act on Climate Change now. Basing their action on the need that global warming must not exceed the temperatures experienced before the industrial revolution by more than 2° C, which was recognised at the end of 2010 in the context of the United Nations Framework Convention on Climate Change (UNFCCC).

The European Commission say that "this is vital if the negative consequences of human interference with the climate system are to be limited. Global emissions must therefore start declining. This long-term goal requires global greenhouse gas emissions to be reduced by at least 50 % below 1990 levels by 2050. Developed countries as a group should reduce emissions by 80 to 95% by 2050 compared to 1990 levels. In the medium term, the Union has committed to reduce its greenhouse gas emissions by 20 % below 1990 levels by 2020, and by 30 % below if conditions are right. The Land Use, Land Use Change and Forestry (LULUCF) sector does not form part of that commitment." (COM(2012)0093)

Consequently this omission has to be addressed as Directive 2009/29/EC, published on 23rd April 2009, amending Directive 2003/87/EC "establishing a scheme for greenhouse gas emission allowance trading within the Community" (the EU Emission Trading System, ‘EU ETS’), itself an amendment of Council Directive 96/61/EC "concerning integrated pollution prevention and control" and Decision No 406/2009/EC "on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020", also published on 23rd April 2009, (the Effort Sharing Decision, ‘ESD’) note that all sectors of the economy should contribute to reaching the Union’s greenhouse gas emission reduction target for 2020.

"Moreover, Article 9 of Decision No 406/2009/EC invited the Commission to assess the modalities for including emissions and removals from activities related to LULUCF in the Union reduction commitment and to make a legislative proposal, as appropriate, whilst ensuring the permanence and environmental integrity of the contribution of the sector, and providing for accurate monitoring and accounting. Following wide consultation of Member States and stakeholders, and an impact assessment, the Commission accordingly proposes a Decision to provide, as a first step, a legal framework for robust, harmonised and comprehensive accounting rules for LULUCF that are designed to accommodate its specific profile." (COM(2012)0093)

This proposal will establish a legal framework for the LULUCF sector, separate from those regulating the existing commitments (EU ETS and ESD), so that the LULUCF sector will not be included formally 20% greenhouse gas emission reduction target at this present time until more robust accounting rules, monitoring and reporting are in place. In order to facilitate this the European Commission have also put forward a proposal to repeal Decision No 280/2004/EC "concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol" and replacing it with a Regulation "on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change." (COM(2011) 789)

The Rapporteur, Kriton Arsenis, proposed "to clarify the content of the LULUCF Action Plans to include recent trends and projections of emissions and removals and measures to integrate LULUCF sectors into other Union policies. In addition, language clarifying the role of the Commission and obligations to provide access to information and public participation is included. (Arsenis Report)

On the 10th October 2012 ENVI adopted the report (36 for, 13 against, 1 abstention), drafted by Kriton Arsenis, recommending that the Commission's proposal be amended in the following areas:

Purpose and scope:

Definitions:

Accounting obligations:

General accounting rules:

Forestry management:

Harvested wood products (HWPs):

Natural disturbances:

LULUCF Action Plans:

The Impact Assessment can be read here and the Impact Assessment Summary here

The Report can be read here

Or alternatively visit the website: www.europarl.europa.eu