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2007 - 2008

TEXTS ADOPTEDat the sitting of

Tuesday

19 June 2007

P6_TA-PROV(2007)06-19 PROVISIONAL EDITION PE 391.045

EN EN

CONTENTS

TEXTS ADOPTED

P6_TA-PROV(2007)0238Protection of employees in the event of the insolvency of their employer (codified version) ***I(A6-0042/2007 - Rapporteur: Diana Wallis)European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the protection of employees in the event of the insolvency of their employer (codified version) (COM(2006)0657 – C6-0381/2006 – 2006/0220(COD))..............................................................................................................1

P6_TA-PROV(2007)0239Integrated pollution prevention and control (codified version) ***I(A6-0043/2007 - Rapporteur: Diana Wallis)European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council concerning integrated pollution prevention and control (codified version) (COM(2006)0543 – C6-0315/2006 – 2006/0170(COD)).....2

P6_TA-PROV(2007)0240Controls, tell-tales and indicators for two- or three-wheel motor vehicles (codified version) ***I(A6-0045/2007 - Rapporteur: Diana Wallis)European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the identification of controls, tell-tales and indicators for two- or three-wheel motor vehicles (codified version) (COM(2006)0556 – C6-0323/2006 – 2006/0175(COD))...................................................................................3

P6_TA-PROV(2007)0241Injunctions for the protection of consumers' interests (codified version) ***I(A6-0046/2007 - Rapporteur: Diana Wallis)European Parliament legislative resolution of 19 June 2007 on the amended proposal for a directive of the European Parliament and of the Council on injunctions for the protection of consumers' interests (codified version) (COM(2006)0692 – C6-0429/2006 – 2003/0099(COD)).................................................................................................................4

P6_TA-PROV(2007)0242Steering equipment of wheeled agricultural or forestry tractors (codified version) ***I(A6-0047/2007 - Rapporteur: Diana Wallis)European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the steering equipment for wheeled agricultural or forestry tractors (codified version) (COM(2006)0670 – C6-0404/2006 – 2006/0225(COD)).................................................................................................................5

PE 391.045\ I

EN

P6_TA-PROV(2007)0243Maximum speed of and load platforms for wheeled agricultural or forestry tractors (codified version) ***I(A6-0048/2007 - Rapporteur: Diana Wallis)European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the maximum design speed of and load platforms for wheeled agricultural or forestry tractors (codified version) (COM(2006)0667 – C6-0385/2006 – 2006/0219(COD))...................................................................................6

P6_TA-PROV(2007)0244Parts and characteristics of wheeled agricultural or forestry tractors (codified version) ***I(A6-0049/2007 - Rapporteur: Diana Wallis)European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on certain parts and characteristics of wheeled agricultural or forestry tractors (codified version) (COM(2006)0662 – C6-0380/2006 – 2006/0221(COD))............................................................................................7

P6_TA-PROV(2007)0245Field of vision and windscreen wipers for wheeled agricultural or forestry tractors (codified version) ***I(A6-0050/2007 - Rapporteur: Diana Wallis)European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the field of vision and windscreen wipers for wheeled agricultural or forestry tractors (codified version) (COM(2006)0651 – C6-0377/2006 – 2006/0216 (COD)).....................................................................................8

P6_TA-PROV(2007)0246Minimum safety and health requirements for the use of work equipment (codified version) ***I(A6-0132/2007 - Rapporteur: Hans-Peter Mayer)European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (codified version) (COM(2006)0652 – C6-0378/2006 – 2006/0214(COD)).....................................................9

P6_TA-PROV(2007)0247

Approximation of Member States' laws relating to trade marks (codified version) ***I(A6-0167/2007 - Rapporteur: Hans-Peter Mayer)European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (codified version) (COM(2006)0812 – C6-0504/2006 – 2006/0264(COD))...............................................................................................................10

P6_TA-PROV(2007)0248Protection of workers against asbestos (codified version) ***I(A6-0201/2007 - Rapporteur: Hans-Peter Mayer)

II /PE 391.045

EN

European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work (codified version) (COM(2006)0664 – C6-0384/2006 – 2006/0222(COD))..........................................................................................11

P6_TA-PROV(2007)0249Community guarantee to the EIB (codified version) *(A6-0040/2007 - Rapporteur: Diana Wallis)European Parliament legislative resolution of 19 June 2007 on the proposal for a Council decision granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern Europe, Mediterranean countries, Latin America and Asia and the Republic of South Africa) (codified version) (COM(2006)0419 – C6-0302/2006 – 2006/0139(CNS))......................12

P6_TA-PROV(2007)0250Protection of pigs (codified version) *(A6-0041/2007 - Rapporteur: Diana Wallis)European Parliament legislative resolution of 19 June 2007 on the proposal for a Council directive laying down minimum standards for the protection of pigs (codified version) (COM(2006)0669 – C6-0430/2006 – 2006/0224(CNS))....................................................13

P6_TA-PROV(2007)0251Pure-bred bovine breeding animals (codified version) *(A6-0164/2007 - Rapporteur: Hans-Peter Mayer)European Parliament legislative resolution of 19 June 2007 on the proposal for a Council directive on pure-bred breeding animals of the bovine species (codified version) (COM(2006)0749 – C6-0002/2007 – 2006/0250(CNS))....................................................14

P6_TA-PROV(2007)0252Community trade mark (codified version) *(A6-0165/2007 - Rapporteur: Hans-Peter Mayer)European Parliament legislative resolution of 19 June 2007 on the proposal for a Council regulation on the Community trade mark (codified version) (COM(2006)0830 – C6-0050/2007 – 2006/0267(CNS))...........................................................................................15

P6_TA-PROV(2007)0253Production and marketing of eggs (codified version) *(A6-0166/2007 - Rapporteur: Hans-Peter Mayer)European Parliament legislative resolution of 19 June 2007 on the proposal for a Council regulation on the production and marketing of eggs for hatching and of farmyard poultry chicks (codified version) (COM(2006)0694 – C6-0436/2006 – 2006/0231(CNS))...........16

P6_TA-PROV(2007)0254Scrutiny of European Agricultural Guarantee Fund financing (codified version) *(A6-0168/2007 - Rapporteur: Hans-Peter Mayer)European Parliament legislative resolution of 19 June 2007 on the proposal for a Council regulation on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund (codified version) (COM(2006)0813 – C6-0049/2007 – 2006/0265(CNS))....................................................17

PE 391.045\ III

EN

P6_TA-PROV(2007)0255Mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures (codified version) *(A6-0200/2007 - Rapporteur: Hans-Peter Mayer)European Parliament legislative resolution of 19 June 2007 on the proposal for a Council directive on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures (codified version) (COM(2006)0605 – C6-0409/2006 – 2006/0192(CNS))................................................................................................................18

P6_TA-PROV(2007)0256Fisheries Partnership Agreement between the EC and São Tomé and Príncipe *(A6-0231/2007 - Rapporteur: Luis Manuel Capoulas Santos)European Parliament legislative resolution of 19 June 2007 on the proposal for a Council regulation on the conclusion of a Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Principe and the European Community (COM(2007)0085 – C6-0098/2007 – 2007/0034(CNS))....................................................19

P6_TA-PROV(2007)0257Fisheries Partnership Agreement between the EC and Kiribati *(A6-0228/2007 - Rapporteur: Philippe Morillon)European Parliament legislative resolution of 19 June 2007 on the proposal for a Council regulation on the conclusion of the Fisheries Partnership Agreement between the European Community on the one hand, and the Republic of Kiribati, on the other (COM(2007)0180 – C6-0128/2007 – 2007/0062(CNS))....................................................21

P6_TA-PROV(2007)0258Request for defence of the immunity and privileges of Mario Borghezio(A6-0233/2007 - Rapporteur: Giuseppe Gargani)European Parliament decision of 19 June 2007 on the request for defence of the immunity and privileges of Mario Borghezio (2006/2304(IMM))......................................................23

P6_TA-PROV(2007)0259Definition, description, presentation and labelling of spirit drinks ***I(A6-0035/2007 - Rapporteur: Horst Schnellhardt )European Parliament legislative resolution of 19 June 2007 on the proposal for a regulation of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks (COM(2005)0125 – C6-0440/2005 – 2005/0028(COD))...............................................................................................................24

P6_TA-PROV(2007)0260Cat and dog fur ***I(A6-0157/2007 - Rapporteur: Eva-Britt Svensson)European Parliament legislative resolution of 19 June 2007 on the proposal for a regulation of the European Parliament and of the Council banning the placing on the market and the import of or export from the Community of cat and dog fur and products containing such fur (COM(2006)0684 – C6-0428/2006 – 2006/0236(COD)).................104

P6_TA-PROV(2007)0261Broadband(A6-0193/2007 - Rapporteur: Gunnar Hökmark)

IV /PE 391.045

EN

European Parliament resolution of 19 June 2007 on building a European policy on broadband (2006/2273(INI)).............................................................................................111

P6_TA-PROV(2007)0262EU economic and trade relations with Russia(A6-0206/2007 - Rapporteur: Godelieve Quisthoudt-Rowohl)European Parliament resolution of 19 June 2007 on EU economic and trade relations with Russia (2006/2237(INI))...................................................................................................121

P6_TA-PROV(2007)0263Competition Policy 2005(A6-0176/2007 - Rapporteur: Elisa Ferreira)European Parliament resolution of 19 June 2007 on the Report on Competition Policy 2005 (2007/2078(INI))......................................................................................................133

P6_TA-PROV(2007)0264Crisis of the Equitable Life Assurance Society(B6-0199/2007)European Parliament recommendation of 19 June 2007 based on the report of the Committee of Inquiry into the crisis of the Equitable Life Assurance Society.................140

P6_TA-PROV(2007)0265Family life and study(A6-0209/2007 - Rapporteur: Marie Panayotopoulos-Cassiotou)European Parliament resolution of 19 June 2007 on a regulatory framework for measures enabling young women in the European Union to combine family life with a period of studies (2006/2276(INI))...................................................................................................143

PE 391.045\ V

EN

P6_TA-PROV(2007)0238

Protection of employees in the event of the insolvency of their employer (codified version) ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the protection of employees in the event of the insolvency of their employer (codified version) (COM(2006)0657 – C6-0381/2006 – 2006/0220(COD))

(Codecision procedure – codification)

The European Parliament,

– having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0657),

– having regard to Article 251(2) and Article 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0381/2006),

– having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts1,

– having regard to Rules 80, 51 and 43(1) of its Rules of Procedure,

– having regard to the report of the Committee on Legal Affairs (A6-0042/2007),

1. Approves the Commission proposal;

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

1 OJ C 102, 4.4.1996, p. 2.

PE 391.045\ 1

EN

P6_TA-PROV(2007)0239

Integrated pollution prevention and control (codified version) ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council concerning integrated pollution prevention and control (codified version) (COM(2006)0543 – C6-0315/2006 – 2006/0170(COD))










1 OJ C 102, 4.4.1996, p. 2.

2 /PE 391.045

EN

P6_TA-PROV(2007)0240

Controls, tell-tales and indicators for two- or three-wheel motor vehicles (codified version) ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the identification of controls, tell-tales and indicators for two- or three-wheel motor vehicles (codified version) (COM(2006)0556 – C6-0323/2006 – 2006/0175(COD))




– having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to the Parliament (C6-0323/2006),






1 OJ C 102, 4.4.1996, p. 2.

PE 391.045\ 3

EN

P6_TA-PROV(2007)0241

Injunctions for the protection of consumers' interests (codified version) ***I

European Parliament legislative resolution of 19 June 2007 on the amended proposal for a directive of the European Parliament and of the Council on injunctions for the protection of consumers' interests (codified version) (COM(2006)0692 – C6-0429/2006 – 2003/0099(COD))




– having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0429/2006),






1 OJ C 102, 4.4.1996, p. 2.

4 /PE 391.045

EN

P6_TA-PROV(2007)0242

Steering equipment of wheeled agricultural or forestry tractors (codified version) ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the steering equipment for wheeled agricultural or forestry tractors (codified version) (COM(2006)0670 – C6-0404/2006 – 2006/0225(COD))










1 OJ C 102, 4.4.1996, p. 2.

PE 391.045\ 5

EN

P6_TA-PROV(2007)0243

Maximum speed of and load platforms for wheeled agricultural or forestry tractors (codified version) ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the maximum design speed of and load platforms for wheeled agricultural or forestry tractors (codified version) (COM(2006)0667 – C6-0385/2006 – 2006/0219(COD))










1 OJ C 102, 4.4.1996, p. 2.

6 /PE 391.045

EN

P6_TA-PROV(2007)0244

Parts and characteristics of wheeled agricultural or forestry tractors (codified version) ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on certain parts and characteristics of wheeled agricultural or forestry tractors (codified version) (COM(2006)0662 – C6-0380/2006 – 2006/0221(COD))










1 OJ C 102, 4.4.1996, p. 2.

PE 391.045\ 7

EN

P6_TA-PROV(2007)0245

Field of vision and windscreen wipers for wheeled agricultural or forestry tractors (codified version) ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the field of vision and windscreen wipers for wheeled agricultural or forestry tractors (codified version) (COM(2006)0651 – C6-0377/2006 – 2006/0216 (COD))










1 OJ C 102, 4.4.1996, p. 2.

8 /PE 391.045

EN

P6_TA-PROV(2007)0246

Minimum safety and health requirements for the use of work equipment (codified version) ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (codified version) (COM(2006)0652 – C6-0378/2006 – 2006/0214(COD))










1 OJ C 102, 4.4.1996, p. 2.

PE 391.045\ 9

EN

P6_TA-PROV(2007)0247

Approximation of Member States' laws relating to trade marks (codified version) ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (codified version) (COM(2006)0812 – C6-0504/2006 – 2006/0264(COD))










1 OJ C 102, 4.4.1996, p. 2.

10 /PE 391.045

EN

P6_TA-PROV(2007)0248

Protection of workers against asbestos (codified version) ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work (codified version) (COM(2006)0664 – C6-0384/2006 – 2006/0222(COD))

(Codecision procedure - codification)









1 OJ C 102, 4.4.1996, p. 2.

PE 391.045\ 11

EN

P6_TA-PROV(2007)0249

Community guarantee to the EIB (codified version) *

European Parliament legislative resolution of 19 June 2007 on the proposal for a Council decision granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern Europe, Mediterranean countries, Latin America and Asia and the Republic of South Africa) (codified version) (COM(2006)0419 – C6-0302/2006 – 2006/0139(CNS))

(Consultation procedure – codification)


– having regard to the Commission proposal to the Council (COM(2006)0419),

– having regard to Article 181a of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0302/2006),






1 OJ C 102, 4.4.1996, p. 2.

12 /PE 391.045

EN

P6_TA-PROV(2007)0250

Protection of pigs (codified version) *

European Parliament legislative resolution of 19 June 2007 on the proposal for a Council directive laying down minimum standards for the protection of pigs (codified version) (COM(2006)0669 – C6-0430/2006 – 2006/0224(CNS))




– having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0430/2006),






1 OJ C 102, 4.4.1996, p. 2.

PE 391.045\ 13

EN

P6_TA-PROV(2007)0251

Pure-bred bovine breeding animals (codified version) *

European Parliament legislative resolution of 19 June 2007 on the proposal for a Council directive on pure-bred breeding animals of the bovine species (codified version) (COM(2006)0749 – C6-0002/2007 – 2006/0250(CNS))




– having regard to Articles 37 and 94 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0002/2007),






1 OJ C 102, 4.4.1996 ,p. 2.

14 /PE 391.045

EN

P6_TA-PROV(2007)0252

Community trade mark (codified version) *

European Parliament legislative resolution of 19 June 2007 on the proposal for a Council regulation on the Community trade mark (codified version) (COM(2006)0830 – C6-0050/2007 – 2006/0267(CNS))










1 OJ C 102, 4.4.1996, p. 2.

PE 391.045\ 15

EN

P6_TA-PROV(2007)0253

Production and marketing of eggs (codified version) *

European Parliament legislative resolution of 19 June 2007 on the proposal for a Council regulation on the production and marketing of eggs for hatching and of farmyard poultry chicks (codified version) (COM(2006)0694 – C6-0436/2006 – 2006/0231(CNS))










1 OJ C 102, 4.4.1996, p. 2.

16 /PE 391.045

EN

P6_TA-PROV(2007)0254

Scrutiny of European Agricultural Guarantee Fund financing (codified version) *

European Parliament legislative resolution of 19 June 2007 on the proposal for a Council regulation on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund (codified version) (COM(2006)0813 – C6-0049/2007 – 2006/0265(CNS))










1 OJ C 102, 4.4.1996, p. 2.

PE 391.045\ 17

EN

P6_TA-PROV(2007)0255

Mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures (codified version) *

European Parliament legislative resolution of 19 June 2007 on the proposal for a Council directive on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures (codified version) (COM(2006)0605 – C6-0409/2006 – 2006/0192(CNS))




– having regard to Articles 93 and 94 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0409/2006),






1 OJ C 102, 4.4.1996, p. 2.

18 /PE 391.045

EN

P6_TA-PROV(2007)0256

Fisheries Partnership Agreement between the EC and São Tomé and Príncipe *

European Parliament legislative resolution of 19 June 2007 on the proposal for a Council regulation on the conclusion of a Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Principe and the European Community (COM(2007)0085 – C6-0098/2007 – 2007/0034(CNS))

(Consultation procedure)


– having regard to the proposal for a Council regulation (COM(2007)0085)1,

– having regard to Articles 37 and 300(2) of the EC Treaty,

– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0098/2007),

– having regard to Rules 51 and 83(7) of its Rules of Procedure,

– having regard to the report of the Committee on Fisheries and the opinions of the Committee on Development and the Committee on Budgets (A6-0231/2007),

1. Approves the proposal for a Council regulation as amended and approves conclusion of the agreement;

2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Democratic Republic of São Tomé and Principe.

Text proposed by the Commission Amendments by Parliament

Amendment 1Recital 1 a (new)

(1a) Evaluation of the previous agreement revealed problems concerning the control and surveillance of the activities of certain vessels operating under the terms of that agreement, especially as regards reporting of activities and catches.

1 Not yet published in OJ.

PE 391.045\ 19

EN

Amendment 2Article 3, paragraph 1 a (new)

The Commission shall verify each year that Member States whose vessels operate under the Protocol are complying with reporting requirements. If not, the Commission shall withhold requests for fishing licences for those vessels for the following year.

Amendment 3Article 3 a (new)

Article 3a

During the final year of the Protocol's validity and before any new agreement is concluded or the current agreement is extended, the Commission shall submit to the European Parliament and the Council a report on the application of the current agreement and the conditions under which it was implemented, including a cost-benefit analysis.

Amendment 4Article 3 b (new)

Article 3b

The Commission shall report annually to the European Parliament and the Council on the results of the multiannual sectoral programme referred to in Article 7(2) of the Protocol.

20 /PE 391.045

EN

P6_TA-PROV(2007)0257

Fisheries Partnership Agreement between the EC and Kiribati *

European Parliament legislative resolution of 19 June 2007 on the proposal for a Council regulation on the conclusion of the Fisheries Partnership Agreement between the European Community on the one hand, and the Republic of Kiribati, on the other (COM(2007)0180 – C6-0128/2007 – 2007/0062(CNS))

(Consultation procedure)


– having regard to the proposal for a Council regulation (COM(2007)0180)1,

– having regard to Articles 37 and 300(2) of the EC Treaty,

– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0128/2007),

– having regard to Rules 51 and 83(7) of its Rules of Procedure,

– having regard to the report of the Committee on Fisheries and the opinions of the Committee on Development and the Committee on Budgets (A6-0228/2007),

1. Approves the proposal for a Council regulation as amended and approves conclusion of the agreement;

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

Text proposed by the Commission Amendments by Parliament

Amendment 1Article 3 a (new)

Article 3 a

The Commission shall verify each year that Member States whose vessels operate under the Protocol are complying with the reporting requirements referred to in Article 3.


PE 391.045\ 21

EN

Amendment 2Article 3 b (new)

Article 3 b

During the final year of the Protocol's validity and before any new agreement is concluded or the current agreement is extended, the Commission shall submit to the European Parliament and the Council a report on the application of the current agreement and the conditions under which it was implemented.

Amendment 3Article 3 c (new)

Article 3 c

The Commission shall report annually to the European Parliament and the Council on the results of the multiannual sectoral programme referred to in Article 7(2) of the Protocol.

22 /PE 391.045

EN

P6_TA-PROV(2007)0258

Request for defence of the immunity and privileges of Mario Borghezio

European Parliament decision of 19 June 2007 on the request for defence of the immunity and privileges of Mario Borghezio (2006/2304(IMM))


– having regard to the request by Mario Borghezio for defence of his immunity in connection with civil proceedings pending before an Italian court, of 8 November 2006, announced in plenary sitting on 16 November 2006,

– having heard Mario Borghezio in accordance with Rule 7(3) of its Rules of Procedure,

– having regard to Article 9 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

– having regard to the judgments of 12 May 1964 and 10 July 19861 of the Court of Justice of the European Communities,

– having regard to Rules 6(3) and 7 of its Rules of Procedure,


1. Decides to defend the immunity and privileges of Mario Borghezio;

2. Instructs its President to forward this decision, and the report of the committee responsible, immediately to the appropriate authorities of the Italian Republic.

1 Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.

PE 391.045\ 23

EN

P6_TA-PROV(2007)0259

Definition, description, presentation and labelling of spirit drinks ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a regulation of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks (COM(2005)0125 – C6-0440/2005 – 2005/0028(COD))

(Codecision procedure: first reading)


– having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0125)1,


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

– having regard to Rules 51 and 35 of its Rules of Procedure,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Agriculture and Rural Development and the Committee on the Internal Market and Consumer Protection (A6-0035/2007),

1. Approves the Commission proposal as amended;

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

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

1 OJ C ... / Not yet published in OJ.

24 /PE 391.045

EN

P6_TC1-COD(2005)0028

Position of the European Parliament adopted at first reading on 19 June 2007 with a view to the adoption of Regulation (EC) No ... /2007 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks*

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee1,▌Acting in accordance with the procedure laid down in Article 251 of the Treaty2,

Whereas:

(1) Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks3 and Commission Regulation (EEC) No 1014/90 of 24 April 1990 laying down detailed implementing rules on the definition, description and presentation of spirit drinks4 have proved successful in regulating the spirit drinks sector. However, in the light of recent experience it is necessary to clarify the rules applicable to the definition, description, presentation, labelling and protection of certain spirit drinks, while taking into account traditional production methods. Regulation (EEC) No 1576/89 should therefore be repealed and replaced by a new Regulation.

* Bold and italics marks new or replacement text while deleted text is marked with the symbol ▌.

1 OJ C 324, 30.12.2006, p. 12.2 Position of the European Parliament of 19 June 2007.3 OJ L 160, 12.6.1989, p. 1. Regulation last amended by the Act of Accession of 2003.4 OJ L 105, 25.4.1990, p. 9. Regulation last amended by Regulation (EC) No 2140/98 (OJ L 270,

7.10.1998, p. 9).

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(2) The spirit drinks sector is important ▌for consumers, producers and the agricultural sector in the Community. The measures applicable to the spirit drinks sector should contribute to the attainment of a high level of consumer protection, the prevention of deceptive practices and the attainment of market transparency and fair competition. By doing so, the measures will safeguard the reputation which Community spirit drinks have achieved in the Community and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in the categories where such innovation serves to improve quality, without affecting the traditional character of the spirit drink concerned.

(3) The production of spirit drinks constitutes a major outlet for Community agricultural products. This strong link to the agricultural sector should be emphasised by the regulatory framework.

(4) To ensure a more systematic approach in the legislation governing spirit drinks, the provisions should set out clearly defined criteria for the production, description, presentation and labelling of spirit drinks.

(5) In general, the rules laid down in this Regulation should continue to focus on definitions of spirit drinks. Those definitions should continue to respect the traditional quality practices but should be updated where previous definitions were lacking or insufficient or where such definitions may be improved in the light of technological development.

(6) To take into account consumer expectations about the raw materials used for vodka especially in the traditional vodka producing Member States, provision should be made for adequate information to be provided on the raw material used where the vodka is made from raw materials of agricultural origin other than cereals and/or potatoes.

(7) Moreover, the ethyl alcohol used for the production of spirit drinks and other alcoholic beverages should be exclusively of agricultural origin, so as to meet consumer expectations and conform to traditional practices. This will also ensure an outlet for basic agricultural products.

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(8) Given the importance and complexity of the spirit drinks sector, it is appropriate to lay down specific measures on the description and presentation of spirit drinks going beyond the horizontal rules established in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs1. Those specific measures should also prevent the misuse of the term "spirit drink" and the names of ▌spirit drinks for products which do not meet the definitions set out in this Regulation.

(9) While it is important to ensure that in general the maturation period or age specifies only the youngest alcoholic component, this Regulation should allow for a derogation to take account of traditional ageing processes regulated by the Member States.

(10) In conformity with the Treaty, in applying a quality policy and in order to allow a high level of quality of spirit drinks and diversity in the sector, Member States should be able to adopt rules stricter than ▌those laid down in this Regulation on the production, description, presentation and ▌labelling of spirit drinks produced in their own territory.

(11) In the interests of consumers, this Regulation should apply to all spirit drinks marketed in the Community▌, whether produced in the Community or in third countries. With a view to the export of high quality spirit drinks and in order to maintain and improve the reputation of Community spirit drinks on the world market, this Regulation should also apply to such drinks produced in the Community for export. In exceptional cases where the law of an importing third country so requires, this Regulation should allow for a derogation to be granted from the provisions of Annexes I and II to this Regulation in accordance with the regulatory procedure with scrutiny referred to in Article 24(3). This Regulation should also apply to the use of ethyl alcohol and/or distillates of agricultural origin in the production of alcoholic beverages and to the use of the names of spirit drinks in the presentation and labelling of foodstuffs.

1 OJ L 109, 6.5.2000, p. 29. Directive last amended by the Act of Accession of 2003.

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(12) Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production1 applies to spirit drinks. It is only necessary therefore to lay down in this Regulation rules not already provided for in that Directive.

(13) It is important to have due regard to the provisions of the Agreement on Trade-related Aspects of Intellectual Property Rights (hereinafter "TRIPs Agreement"), and in particular Articles 22 and 23 thereof, and of the General Agreement on Tariffs and Trade, which forms an integral part of the Agreement establishing the World Trade Organisation approved by Council Decision 94/800/EC2.

(14) Given that Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs3 does not apply to spirit drinks, the rules for protection of geographical indications on spirit drinks should be laid down in this Regulation. Geographical indications should be registered, identifying spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the spirit drink is essentially attributable to its geographical origin.

(15) A non-discriminatory procedure for the registration, compliance, alteration and possible cancellation of third country and EU geographical indications in conformity with the TRIPs Agreement should be laid down in this Regulation whilst recognising the particular status of established geographical indications.

1 OJ L 184, 17.7.1999, p. 23. Directive last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (JO L 284, 31.10.2003, p. 1).

2 OJ L 336, 23.12.1994, p. 1.3 OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation (EC) No 1791/2006 (OJ L 363,

20.12.2006, p. 1).

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(16) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1.

(17) In particular, it is necessary to follow the regulatory procedure with scrutiny as regards measures of general scope designed to amend non-essential elements of this Regulation, inter alia by deleting some of those elements or by supplementing this Regulation by addition of new non-essential elements; such measures are referred to in Articles 2(2), 5(1)(e), 11(3), 16(8), 17, 18, 20(3), 25 and 27(1) of this Regulation.

(18) The transition from the rules provided for in Regulation (EEC) No 1576/89 to those in this Regulation could give rise to difficulties which are not dealt with in this Regulation. The measures necessary for this transition, as well as the measures required to solve practical problems specific to the spirit drinks sector, should be adopted in accordance with Decision 1999/468/EC.

(19) To facilitate the transition from the rules provided for in Regulation (EEC) No 1576/89, the production of spirit drinks under that Regulation should be permitted during the first year of application of this Regulation. The marketing of existing stocks should also be foreseen until their exhaustion.

1 OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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HAVE ADOPTED THIS REGULATION:

CHAPTER IDEFINITION AND CLASSIFICATION OF SPIRIT DRINKS

Article 1Definition of spirit drink

1. For the purpose of this Regulation, "spirit drink" means an alcoholic beverage:

(a) intended for human consumption,

(b) possessing particular organoleptic qualities,

(c) having a minimum alcoholic strength of 15 % vol. ▌

(d) having been produced:

(i) either directly:

– by the distillation, with or without added flavourings, of naturally fermented products, and/or

– by the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin and/or distillates of agricultural origin, and/or spirit drinks within the meaning of this Regulation, and/or

– by the addition of flavourings, sugars or other sweetening products listed in point 3 of Annex I and/or other agricultural products and/or foodstuffs to ethyl alcohol of agricultural origin and/or to distillates of agricultural origin and/or to spirit drinks, within the meaning of this Regulation,

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(ii) or by the mixture of a spirit drink with one or more:

– other spirit drinks, and/or

– ethyl alcohol of agricultural origin or distillates ▌of agricultural origin▌, and/or

– other alcoholic beverages, and/or

– drinks.

2. However, drinks falling within CN codes 2203, 2204, 2205, 2206 and 2207 shall not be considered spirit drinks.

3. The minimum alcoholic strength provided for in paragraph 1(c) is without prejudice to the definition for the product in category 41 in Annex II.

Article 2Scope

1. This Regulation shall apply to all spirit drinks marketed in the Community whether produced in the Community or in third countries, as well as those produced in the Community for export. This Regulation shall also apply to the use of ethyl alcohol and/or distillates of agricultural origin in the production of alcoholic beverages and to the use of the names of spirit drinks in the presentation and labelling of foodstuffs.

2. In exceptional cases where the law of the importing third country so requires, a derogation may be granted from the provisions of Annexes I and II in accordance with the regulatoryprocedure with scrutiny referred to in Article 24(3).

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Article 3Origin of ethyl alcohol

1. The ethyl alcohol used in the production of spirit drinks and all of their components shall not be of any origin other than agricultural, within the meaning of Annex I to the Treaty.

2. The ethyl alcohol used in the production of spirit drinks shall comply with the definition provided for in point 1 of Annex I to this Regulation.

3. The ethyl alcohol used to dilute or dissolve colorants, flavourings or any other authorised additives used in the preparation of spirit drinks shall be ethyl alcohol of agricultural origin.▌4. Alcoholic beverages shall not contain alcohol of synthetic origin, nor other alcohol of non-agricultural origin within the meaning of Annex I to the Treaty.

Article 4Categories of spirit drinks

Spirit drinks shall be classified into categories according to the definitions laid down in Annex II.

Article 5General rules concerning the categories of spirit drinks

1. Without prejudice to the specific rules laid down for each of the categories numbered 1 to 14 in Annex II, the spirit drinks defined therein shall:

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(a) be produced by the alcoholic fermentation and distillation exclusively obtained from the raw material provided for in the relevant definition for the spirit drink concerned;

(b) have no addition of alcohol as defined in Annex I(5), diluted or not;

(c) not contain added flavouring substances;

(d) only contain added caramel as a means to adapt colour;

(e) solely be sweetened to round off the final taste of the product, according to the technical definitions and requirements set out in Annex I. The maximum level for the products used for rounding off listed under Annex I(3)(a) to (f) shall be decided upon in accordance with the regulatory procedure with scrutiny referred to in Article 24(3). The particular legislation of the Member States shall be taken into account.

2. Without prejudice to the specific rules laid down for each of the categories numbered 15 to 46 in Annex II, the spirit drinks defined therein may:

(a) be obtained from any agricultural raw material listed in Annex I to the Treaty;

(b) have addition of alcohol as defined in Annex I(5);

(c) contain natural or nature-identical flavouring substances and preparations as defined in Article 1(2)(b)(i) and (ii) and in Article 1(2)(c) of Directive 88/388/EEC;

(d) contain colouring as defined in Annex I(10);

(e) be sweetened to correspond to particular product characteristics and according to the technical definitions and requirements set out in Annex I and taking into account the particular legislation of the Member States.

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3. Without prejudice to the specific rules laid down in Annex II, other spirit drinks which do not meet the requirements of categories 1 to 46 may:

(a) be obtained from any agricultural raw material listed in Annex I to the Treaty and/or foodstuff suitable for human consumption;

(b) have addition of alcohol as defined in Annex I(5);

(c) contain one or more of the flavourings as defined in Article 1(2)(a) of Directive 88/388/EEC;

(d) contain colouring as defined in Annex I(10);

(e) be sweetened to correspond to particular product characteristics and according to the technical definitions and requirements set out in Annex I.

Article 6Member States legislation

1. In applying a quality policy for spirit drinks which are produced on their own territory and in particular for geographical indications registered in Annex III or for the establishment of new geographical indications, Member States may lay down rules stricter than ▌those in Annex II on ▌production, description, ▌presentation and labelling in so far as they are compatible with Community law.

2. Member States shall not prohibit or restrict the import, sale or consumption of spirit drinks which comply with this Regulation.

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CHAPTER IIDESCRIPTION, PRESENTATION AND LABELLING

OF SPIRIT DRINKS

Article 7Sales denomination

In accordance with Article 5 of Directive 2000/13/EC, the name under which a spirit drink is sold ("sales denomination") shall be subject to the provisions laid down in this Chapter.

Article 8Specific rules concerning sales denominations

1. Spirit drinks which meet the specifications for the products defined in categories 1 to 46 of Annex II shall bear in their description, presentation and labelling the sales denomination assigned therein▌.

2. Spirit drinks which meet the definition laid down in Article 1 but which do not meet the requirements for inclusion in categories 1 to 46 of Annex II shall bear in their description, presentation and labelling the sales denomination "spirit drink". Without prejudice to paragraph 5, that sales denomination shall not be replaced or altered.

3. Where a spirit drink meets the definition of more than one category of spirit drink in Annex II, it may be sold under one or more of the names listed for those categories in Annex II.

4. Without prejudice to paragraph 9 and to Article 9(2), the names referred to in paragraph 1 shall not be used to describe or present in any way whatsoever any drink other than the spirit drinks for which those names are listed in Annex II and registered in Annex III.

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5. Sales denominations may be supplemented or replaced by a geographical indication registered in Annex III and in accordance with Chapter III, or supplemented in accordance with national provisions by another geographical indication, provided that this does not mislead the consumer.

6. The geographical indications registered in Annex III may only be supplemented either

(a) by terms already in use on ... for established geographical indications within the meaning of Article 20, or

(b) according to the relevant technical file provided for under Article 16(1).

7. An alcoholic beverage not meeting one of the definitions listed under categories 1 to 46 of Annex II shall not be described, presented or labelled by associating words or phrases such as "like", "type", "style", "made", "flavour" or any other similar indications with any of the sales denominations provided for in this Regulation and/or geographical indications registered in Annex III.

8. No trade mark, brand name or fancy name may be substituted for the sales denomination of a spirit drink.

9. The names referred to in categories 1 to 46 of Annex II may be included in a list of ingredients for foodstuffs provided that the list is used in accordance with Directive 2000/13/EC.

Article 9Specific rules concerning the use of sales denominations and geographical indications

1. Without prejudice to Directive 2000/13/EC, the use of a term listed in categories 1 to 46 of Annex II, or of a geographical indication registered in Annex III in a compound term or the allusion in the presentation of a foodstuff to any of them shall be prohibited unless the alcohol originates exclusively from the spirit drink(s) referred to.

Date of entry into force of this Regulation.

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2. The use of a compound term as referred to in paragraph 1 shall also be prohibited where a spirit drink has been diluted so that the alcoholic strength is reduced to below the minimum strength specified in the definition for that spirit drink.

3. By way of derogation from paragraph 1, the provisions of this Regulation shall not affect the possible use of the terms "amer" or "bitter" for products not covered by this Regulation.

4. By way of derogation from paragraph 1 and in order to take account of established production methods, the compound terms listed in category 32(d) of Annex II may be used in the presentation of liqueurs produced in the Community under the conditions set out therein.

Article 10Description, presentation and labelling of mixtures

1. Where there has been addition of alcohol, as defined in Annex I(5), diluted or not, to a spirit drink listed in categories 1 to 14 of Annex II, that spirit drink shall bear the sales denomination "spirit drink". It may not bear in any form a name reserved in categories 1 to 14.

2. ▌Where a spirit drink listed in categories 1 to 46 of Annex II is mixed with:

(a) one or more spirit drinks, and/or

(b) one or more distillates ▌of agricultural origin, ▌it shall bear the sales denomination "spirit drink". This sales denomination shall be shown clearly and visibly in a prominent position on the label and shall not be replaced or altered.

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3. Paragraph 2 shall not apply to the description, presentation or labelling of a mixture referred to in that paragraph if it meets one of the definitions laid down in categories 1 to 46 of Annex II.

4. Without prejudice to Directive 2000/13/EC, the description, presentation or labelling of the spirit drinks resulting from the mixtures referred to in paragraph 2 may only show one or more of the terms listed in ▌Annex II ▌if that term does not form part of the sales denomination but is solely listed in the same visual field in the listing of all the alcoholic ingredients contained in the mixture, preceded by the term "mixed spirit drink".

The term "mixed spirit drink" shall be labelled in uniform characters of the same font and colour as those used for the sales denomination. The characters shall be no larger than half the size of the characters used for the sales denomination.

5. For the labelling and presentation of the mixtures referred to in paragraph 2 and to which the requirement to list alcoholic ingredients under paragraph 4 applies, the proportion of each alcoholic ingredient shall be expressed as a percentage in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the mixture.

Article 11Specific rules concerning the description, presentation and labelling of spirit drinks

1. Where the description, presentation or labelling of a spirit drink indicates the raw material used to produce the ethyl alcohol of agricultural origin, each agricultural alcohol used shall be mentioned in descending order of quantity used.

2. The description, presentation or labelling of a spirit drink may be supplemented by the term "blend", "blending" or "blended" only where the spirit drink has undergone blending.

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3. Without prejudice to any derogation adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3), a maturation period or age may only be specified ▌in the description, presentation or labelling of a spirit drink where it refers to the youngest alcoholic component and provided that the spirit drink was aged under revenue supervision or supervision affording equivalent guarantees.

Article 12Prohibition of lead-based capsules or foil

Spirit drinks shall not be held with a view to sale or placed on the market in containers fitted with closing devices covered by lead-based capsules or foil.

Article 13Use of language in the description, presentation and labelling of spirit drinks

1. The particulars provided for in this Regulation shall be given in one or more official languages of the Community in such a way that the final consumer can easily understand each of those items of information, unless the consumer is provided with the information by other means.

2. The terms in italics in Annex II and the geographical indications registered in Annex III shall not be translated on the label nor in the presentation of the spirit drink.

3. In the case of spirit drinks originating in third countries, use of an official language of the third country in which the spirit drink has been produced shall be authorised if the particulars provided for in this Regulation are also given in an official language of the Community in such a way that the final consumer can easily understand each item.

4. ▌Without prejudice to paragraph 2▌, in the case of spirit drinks produced in the Community and intended for export, the particulars provided for in this Regulation may be repeated in a language other than an official language of the Community.

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CHAPTER IIIGEOGRAPHICAL INDICATIONS

Article 14Geographical indications

1. For the purpose of this Regulation a geographical indication is an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin.

2. The geographical indications referred to in paragraph 1 are registered in Annex III.

3. (a) The geographical indications registered in Annex III may not become generic.

(b) Names that have become generic may not be registered in Annex III.

(c) A name that has become generic means the name of a spirit drink which, although it relates to the place or region where this product was originally produced or marketed, has become the common name of a spirit drink in the Community.

4. Spirit drinks bearing a geographical indication registered in Annex III shall comply with all the specifications of the technical file provided for under Article 16(1).

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Article 15Protection of geographical indications

▌Without prejudice to Article 9, the geographical indications registered in Annex III shall be protected against:

(a) any direct or indirect commercial use in respect of products not covered by the registration in so far as those products are comparable to the spirit drink registered under that geographical indication or insofar as such use exploits the reputation of the registered geographical indication;

(b) any misuse, imitation or evocation, even if the true origin of the product is indicated or the geographical indication is used in translation or accompanied by an expression such as "like", "type", "style", "made", "flavour" or any other similar term;

(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities on the description, presentation or labelling of the product, liable to convey a false impression as to its origin;

(d) any other practice liable to mislead the consumer as to the true origin of the product.

▌

Article 16Registration of geographical indications

1. Applications for a geographical indication to be registered in Annex III shall be submitted to the Commission in one of the official Community languages or accompanied by a translation into one of the official Community languages. Such applications shall be duly substantiated and shall include a technical file setting out the specifications with which the spirit drink concerned must comply. ▌

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2. With regard to geographical indications within the Community, the application referred to in paragraph 1 shall be made by the Member State of origin of the spirit drink.

3. With regard to geographical indications within a third country, the application referred to in paragraph 1 shall be sent to the Commission, either directly or via the authorities of the third country concerned, and shall include proof that the name in question is protected in its country of origin.

4. The technical file referred to in paragraph 1 shall include at least the following main specifications:

▌(a) the name and category of the spirit drink including the geographical indication;

(b) a description of the spirit drink including the principal physical, chemical ▌and/or organoleptic characteristics of the product as well as the specific characteristics of the spirit drink as compared to the relevant category;

(c) the definition of the geographical area concerned;

(d) a description of the method for obtaining the spirit drink and, if appropriate, the authentic and unvarying local methods;

(e) the details bearing out the link with the geographical environment or the geographical origin;

(f) any requirements laid down by Community and/or national and/or regional provisions;

(g) the name and contact address of the applicant;

(h) any supplement to the geographical indication and/or any specific labelling rule, according to the relevant technical file.

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5. The Commission shall verify, within twelve months of the date of submission of the application referred to in paragraph 1, whether that application complies with the provisions of this Regulation.

6. If the Commission concludes that the application referred to in paragraph 1 complies with the provisions of this Regulation, the main specifications of the technical file referred to in paragraph 4 shall be published in the Official Journal of the European Union, C Series.

7. Within six months of the date of publication of the technical file, any natural or legal person that has a legitimate interest may object to the registration of the geographical indication in Annex III on the grounds that the conditions provided for in this Regulation are not fulfilled. The objection, which must be duly substantiated, shall be submitted to the Commission in one of the official Community languages or accompanied by a translation into one of the official Community languages.

8. The Commission shall take the decision on registration of the geographical indication in Annex III ▌in accordance with the regulatory procedure with scrutiny referred to in Article 24(3), taking into account any objection raised in accordance with paragraph 7 of this Article. This decision shall be published in the Official Journal of the European Union, C Series.▌

Article 17Alteration of the technical file

The procedure provided for in Article 16 shall apply mutatis mutandis where the technical file referred to in Article 16(1) is to be altered.

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Article 18Cancellation of a geographical indication

If compliance with the specifications in the technical file is no longer ensured, the Commission shall take a decision cancelling the registration in accordance with the regulatory procedure with scrutiny referred to in Article 24(3). This decision shall be published in the Official Journal of the European Union, C Series.

Article 19Homonymous geographical indications

A homonymous geographical indication meeting the requirements of this Regulation shall be registered with due regard for local and traditional usage and the actual risk of confusion, in particular:

– a homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as its wording is concerned for the actual territory, region or place of origin of the spirit drink in question;

– the use of a registered homonymous geographical indication shall be subject to there being a clear distinction in practice between the homonym registered subsequently and the name already on the register, having regard to the need to treat the producers concerned in an equitable manner and not to mislead consumers.

Article 20Established geographical indications

1. For each geographical indication registered in Annex III on ..., Member States shall submit a technical file as provided for under Article 16(1) to the Commission not later than ....

Date of entry into force of this Regulation. Seven years after the date of entry into force of this Regulation.

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2. Member States shall ensure that this technical file is accessible to the public.

3. Where no technical file has been submitted to the Commission within seven years from the date of entry into force of this Regulation, the Commission shall remove the geographical indication from Annex III in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).

4. The procedure provided for in Article 16 shall apply mutatis mutandis where the technical file referred to in paragraph 1 is to be altered.

Article 21Verification of compliance with the specifications in the technical file

1. In respect of geographical indications within the Community, verification of compliance with the specifications in the technical file, before placing the product on the market, shall be ensured by:

– one or more competent authorities referred to in Article 23(1), and/or

– one or more control bodies within the meaning of Article 2 of Regulation (EC) No 882/2004 of the European Parliament and of the Council1 operating as a product certification body.

Notwithstanding national legislation, the costs of such verification of compliance with the specifications in the technical file shall be borne by the operators subject to those controls.

2. In respect of the geographical indications within a third country, verification of compliance with the specifications in the technical file, before placing the product on the market, shall be ensured by:

– one or more public authorities designated by the third country, and/or

– one or more product certification bodies.

1 OJ L 165, 30.4.2004, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006.

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3. The product certification bodies referred to in paragraphs 1 and 2 shall comply with, and from 1 May 2010 be accredited in accordance with, European standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating product certification systems).

4. Where the authorities referred to in paragraphs 1 and 2 have chosen to verify compliance with the specifications in the technical file, they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources necessary to carry out their functions.

Article 22Relation between trademarks and geographical indications

1. The registration of a trademark which contains or consists of a geographical indication registered in Annex III shall be refused or invalidated if its use would lead to any of the situations referred to in Article 15.

2. With due regard to Community law, a trademark the use of which corresponds to one of the situations referred to in Article 15 which has been applied for, registered, or established by use, if that possibility is provided for by the legislation concerned, in good faith within the territory of the Community, before either the date of protection of the geographical indication in the country of origin or before 1 January 1996, may continue to be used notwithstanding the registration of a geographical indication, provided that no grounds for its invalidity or revocation exist as specified by First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks 1 or Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark2.

3. A geographical indication shall not be registered where, in the light of a trademark's reputation and renown and the length of time it has been used in the Community, registration is liable to mislead the consumer as to the true identity of the product.

1 OJ L 40, 11.2.1989, p. 1. Directive as amended by Council Decision 92/10/EEC (OJ L 6, 11.1.1992, p. 35).

2 OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) No 1891/2006 (OJ L 386, 29.12.2006, p. 14).

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CHAPTER IVGENERAL, TRANSITIONAL AND FINAL PROVISIONS

Article 23Control and protection of spirit drinks

1. Member States shall be responsible for the control of spirit drinks. They shall take the measures necessary to ensure compliance with the provisions of this Regulation and in particular they shall designate the competent authority or authorities responsible for controls in respect of the obligations established by this Regulation in conformity with Regulation (EC) No 882/2004.

2. The Member States and the Commission shall communicate to each other the information necessary for implementing this Regulation.

3. The Commission, in consultation with the Member States, shall ensure the uniform application of this Regulation and if necessary shall adopt measures in accordance with the regulatory procedure referred to in Article 24(2).

Article 24Committee

1. The Commission shall be assisted by the ▌Committee for Spirit Drinks, hereinafter referred to as "the Committee".

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

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3. Where reference is made to this paragraph, Articles 5a and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 25Amendment of the Annexes

The Annexes shall be amended in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).

Article 26▌Implementing measures

The measures necessary for the implementation of this Regulation shall be adopted in accordance with the regulatory procedure referred to in Article 24(2).

Article 27Transitional and other specific measures

1. In accordance with the regulatory procedure with scrutiny referred to in Article 24(3), measures to amend this Regulation shall be adopted, where appropriate:

(a) to facilitate within three years of the entry into force of this Regulation the transition from the rules provided for in Regulation (EEC) No 1576/89 to those established by this Regulation;

▌(b) to derogate from Articles 16 and 21 in duly justified cases;

(c) to establish a Community symbol for geographical indications for the spirit drinks sector.

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2. In accordance with the regulatory procedure referred to in Article 24(2), measures shall be adopted, where appropriate, to resolve specific practical problems, such as by making it obligatory, in certain cases, to state the place of manufacture on the labelling to avoid misleading the consumer and to maintain and develop Community reference methods for the analysis of spirit drinks.

3. Spirit drinks not meeting the requirements of this Regulation may continue to be produced in accordance with Regulation (EEC) No 1576/89 until the end of the first year of application of this Regulation. Spirit drinks not meeting the requirements of this Regulation but which have been produced in accordance with Regulation (EEC) No 1576/89 prior to the entry into force of this Regulation or until the end of the first year of application of this Regulation may continue to be marketed until exhaustion of stocks.

Article 28Repeal

1. Regulation (EEC) No 1576/89 is hereby repealed. References to the repealed Regulation shall be construed as references to this Regulation.

2. Commission Regulations (EEC) No 2009/921, (EC) No 1267/942 and (EC) No 2870/20003 shall continue to apply.

1 Commission Regulation (EEC) No 2009/92 of 20 July 1992 determining Community analysis methods for ethyl alcohol of agricultural origin used in the preparation of spirit drinks, aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ L 203, 21.7.1992, p. 10).

2 Commission Regulation (EC) No 1267/94 of 1 June 1994 applying the agreements between the European Union and third countries on the mutual recognition of certain spirit drinks (OJ L 138, 2.6.1994, p. 7).

3 Commission Regulation (EC) No 2870/2000 of 19 December 2000 laying down Community reference methods for the analysis of spirit drinks (OJ L 333, 29.12.2000, p. 20). Regulation as amended by Regulation (EC) No 2091/2002 (OJ L 322, 27.11.2002, p. 11).

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Article 29Entry into force

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

It shall apply from [ ].

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

Done at Brussels,

For the European Parliament For the Council(1) The President The President

(2)

_____________

Three months after the date of entry into force of this Regulation.

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ANNEX ITECHNICAL DEFINITIONS AND REQUIREMENTS

For the purposes of this Regulation, the following definitions shall apply:

(1) Ethyl alcohol of agricultural origin

Ethyl alcohol of agricultural origin possesses the following properties:

(a) organoleptic characteristics: no detectable taste other than that of the raw material;

(b) minimum alcoholic strength by volume: 96,0% vol.;

(c) maximum level of residues:

(i) total acidity, expressed in grams of acetic acid per hectolitre of 100% vol. alcohol: 1,5,

(ii) esters expressed in grams of ethyl acetate per hectolitre of 100% vol. alcohol: 1,3,

(iii) aldehydes expressed in grams of acetaldehyde per hectolitre of 100% vol. alcohol: 0,5,

(iv) higher alcohols expressed in grams of methyl2 propanol1 per hectolitre of 100% vol. alcohol: 0,5,

(v) methanol expressed in grams per hectolitre of 100% vol. alcohol: 30,

(vi) dry extract expressed in grams per hectolitre of 100% vol. alcohol: 1,5,

(vii) volatile bases containing nitrogen expressed in grams of nitrogen per hectolitre of 100% vol. alcohol: 0,1,

(viii) furfural: not detectable.

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(2) Distillate of agricultural origin

Distillate of agricultural origin means an alcoholic liquid which is obtained by the distillation, after alcoholic fermentation, of an agricultural product or products listed in Annex I to the Treaty which does not have the properties of ethyl alcohol or of a spirit drink but still retains the aroma and taste of the raw material(s) used.

Where reference is made to the raw material used, the distillate must be obtained exclusively from that raw material.

(3) Sweetening

Sweetening means using one or more of the following products in the preparation of spirit drinks:

(a) semi-white sugar, white sugar, refined white sugar, dextrose, fructose, glucose syrup, liquid sugar, invert liquid sugar, invert sugar syrup, as defined in Council Directive 2001/111/EC1;

(b) rectified concentrated grape must, concentrated grape must, fresh grape must;

(c) burned sugar, which is the product obtained exclusively from the controlled heating of sucrose without bases, mineral acids or other chemical additives;

(d) honey as defined in Council Directive 2001/110/EC2;

(e) carob syrup;

(f) any other natural carbohydrate substances having a similar effect to those products.

▌

1 OJ L 10, 12.1.2002, p. 53.2 OJ L 10, 12.1.2002, p. 47.

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(4) Mixing

Mixing means combining two or more different drinks ▌to make a new drink.

(5) Addition of alcohol

Addition of alcohol means the addition of ethyl alcohol of agricultural origin and/or distillates of agricultural origin to a spirit drink.

▌(6) Addition of water

In the preparation of spirit drinks, the addition of water ▌shall be authorised, provided that the quality of the water is in conformity with Council Directive 80/777/EEC1 and Council Directive 98/83/EC2 and that the water added does not change the nature of the product.

This water may be distilled, demineralised, permuted or softened.

(7) Blending

Blending means combining two or more spirit drinks of the same category, distinguished only by minor differences in composition due to one or more of the following factors:

(a) the method of preparation;

(b) the stills employed;

(c) the period of maturation or ageing;

(d) the geographical area of production.

1 OJ L 229, 30.8.1980, p. 1. Directive as last amended by Regulation (EC) No 1882/2003.2 OJ L 330, 5.12.1998, p. 32. Directive as amended by Regulation (EC) No 1882/2003.

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The spirit drink so produced shall be of the same category of spirit drink as the original spirit drinks before blending.

(8) Maturation or ageing

Maturation or ageing means allowing certain reactions to develop naturally in appropriate containers, thereby giving the spirit drink in question organoleptic qualities previously absent.

(9) Flavouring

Flavouring means using in the preparation of a spirit drink one or more of the flavourings defined in Article 1(2)(a) of Directive 88/388/EEC.

(10) Colouring

Colouring means using one or more colorants, as defined in Directive 94/36/EC of the European Parliament and of the Council1 in the preparation of a spirit drink.

▌(11) Alcoholic strength by volume

Alcoholic strength by volume means the ratio of the volume of pure alcohol present in the product in question at 20° C to the total volume of that product at the same temperature.

(12) Volatile substances content

Volatile substances content means the quantity of volatile substances other than ethyl alcohol and methanol contained in a spirit drink obtained exclusively by distillation, as a result solely of the distillation or redistillation of the raw materials used.

1 OJ L 237, 10.9.1994, p. 13. Directive as amended by Regulation (EC) No 1882/2003.

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(13) Place of manufacture

Place of manufacture means the place or region where the stage in the production process of ▌the finished product which conferred on the spirit drink its character and essential definitive qualities took place.

(14) Description

Description means the terms used on the labelling, presentation and packaging; on the documents accompanying the transport of a drink; on the commercial documents, particularly the invoices and delivery notes; and in its advertising.

(15) Labelling

Labelling means all descriptions and other references, signs, designs or trade marks which distinguish a drink and which appear on the same container, including its sealing device or the tag attached to the container and the sheathing covering the neck of the bottle.

(16) Presentation

Presentation means the terms used ▌on the labelling and on the packaging, including in advertising and sales promotion, in images or such like, as well as on the container, including the bottle and the closure.

(17) Packaging

Packaging means the protective wrappings, such as papers, ▌envelopes of all kinds, cartons and cases, used in the transport and/or sale of one or more containers.

__________

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ANNEX IICategories of spirit drinks1. Rum

(a) Rum is:

(1) a spirit drink produced exclusively ▌by alcoholic fermentation and distillation, either from molasses or syrup produced in the manufacture of cane sugar or from sugar-cane juice itself and distilled at less than 96% vol. so that the distillate has the discernible specific organoleptic characteristics of rum, or

(2) a spirit drink produced exclusively by alcoholic fermentation and distillation of sugar-cane juice which has the aromatic characteristics specific to rum and a ▌volatile substances content equal to or exceeding 225 grams per hectolitre of ▌100% vol. alcohol. This spirit may be marketed with the word "agricultural" qualifying the sales denomination "rum" accompanied by any of the geographical indications of the French Overseas Departments and the Autonomous Region of Madeira as registered in Annex III.

(b) The minimum alcoholic strength by volume of rum shall be 37,5%.

(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(d) Rum shall not be flavoured.

(e) Rum may only contain added caramel as a means to adapt colour.

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(f) The word "traditionnel" may supplement the geographical indications mentioned in category 1 of Annex III where the rum is produced by distillation at less than 90% vol., after alcoholic fermentation of alcohol-producing materials originating exclusively in the place of production considered. This rum must have a volatile substances content equal to or exceeding 225 grams per hectolitre of ▌100% vol. alcohol and must not be sweetened▌. The use of the word "traditionnel" does not prevent the use of the terms "from sugar production" or "agricultural" which may be added to the sales denomination "rum" and to geographical indications.

This provision shall not affect the use of the word "traditionnel" for all products not covered by this provision, according to their own specific criteria.

2. Whisky or Whiskey

(a) Whisky or whiskey is a spirit drink produced exclusively by:

(1) ▌distillation of a mash made from malted cereals with or without whole grains of other cereals, which has been

(i) saccharified by the diastase of the malt contained therein, with or without other natural enzymes,

(ii) fermented by the action of yeast,

(2) ▌ one or more distillations at less than 94,8% vol., so that the distillate has an aroma and taste derived from the raw materials used,

(3) ▌ maturation of the final distillate for at least three years in wooden casks not exceeding 700 litres capacity.

The final distillate, to which only water and plain caramel (for colouring) may be added, retains its colour, aroma and taste derived from the production process referred to in points (1), (2) and (3).

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(b) The minimum alcoholic strength by volume of whisky or whiskey shall be 40%.


(d) Whisky or whiskey shall not be sweetened or flavoured, nor contain any additives other than plain caramel used for colouring.

3. Grain spirit

(a) Grain spirit is a spirit drink produced exclusively by the distillation of a fermented mash of whole grain cereals and having organoleptic characteristics derived from the raw materials used.

(b) With the exception of "Korn", the minimum alcoholic strength by volume of grain spirit shall be 35%.


(d) Grain spirit shall not be flavoured.

(e) Grain spirit may only contain added caramel as a means to adapt colour.

(f) For a grain spirit to bear the sales denomination "grain brandy", it must have been obtained by distillation at less than 95% vol. from a fermented mash of whole grain cereals, presenting organoleptic features deriving from the raw materials used.

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4. Wine spirit

(a) Wine spirit is a spirit drink:

(1) produced exclusively by the distillation at less than 86% vol. of wine or wine fortified for distillation or by the redistillation of a wine distillate at less than 86% vol.,

(2) containing a quantity of volatile substances equal to or exceeding 125 grams per hectolitre of 100% vol. alcohol,

(3) having a maximum methanol content of 200 grams per hectolitre of 100% vol. alcohol.

(b) The minimum alcoholic strength by volume of wine spirit shall be 37,5%.


(d) Wine spirit shall not be flavoured. This shall not exclude traditional production methods.

(e) Wine spirit may only contain added caramel as a means to adapt colour.

(f) Where wine spirit has been matured, it may continue to be marketed as "wine spirit" provided it has been matured for as long as, or longer than, the period stipulated for the spirit drink defined under category 5 of this Annex.

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5. Brandy or Weinbrand

(a) Brandy or Weinbrand is a spirit drink:

(1) produced from wine spirit, whether or not ▌wine distillate has been added, distilled at less than 94,8% vol., provided that that distillate does not exceed a maximum of 50% of the alcoholic content of the finished product,

(2) matured for at least one year in oak receptacles or for at least six months in oak casks with a capacity of less than 1 000 litres,

(3) containing a quantity of volatile substances equal to or exceeding 125 grams per hectolitre of 100% vol. alcohol, and derived exclusively from the distillation or redistillation of the raw materials used,

(4) having a maximum methanol content of 200 grams per hectolitre of 100% vol. alcohol.

(b) The minimum alcoholic strength by volume of brandy or Weinbrand shall be 36%.


(d) Brandy or Weinbrand shall not be flavoured. This shall not exclude traditional production methods.

(e) Brandy or Weinbrand may only contain added caramel as a means to adapt colour.

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6. Grape marc spirit or grape marc

(a) Grape marc spirit or grape marc is a spirit drink which meets the following conditions:

(1) it is produced exclusively from grape marc fermented and distilled either directly by water vapour or after water has been added;

(2) a quantity of lees may be added to the grape marc that does not exceed 25 kg of lees per 100 kg of grape marc used;

(3) the quantity of alcohol derived from the lees shall not exceed 35% of the total quantity of alcohol in the finished product;

(4) the distillation shall be carried out in the presence of the marc itself at less than 86% vol.;

(5) redistillation at the same alcoholic strength is authorised;

(6) it contains a quantity of volatile substances equal to or exceeding 140 grams per hectolitre of 100% vol. alcohol and having a maximum methanol content of 1 000 grams per hectolitre of 100% vol. alcohol.

(b) The minimum alcoholic strength by volume of grape marc spirit or grape marc shall be 37,5%.


(d) Grape marc spirit or grape marc shall not be flavoured. This shall not exclude traditional production methods.

(e) Grape marc spirit or grape marc may only contain added caramel as a means to adapt colour.

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7. Fruit marc spirit

(a) Fruit marc spirit is a spirit drink which meets the following conditions:

(1) it is obtained exclusively by fermentation and distillation at less than 86% vol. of fruit marc except grape marc;

(2) it contains a minimum quantity of volatile substances of 200 grams per hectolitre of ▌100% vol. alcohol;

(3) the maximum methanol content shall be 1 500 grams per hectolitre of ▌100% vol. alcohol;

(4) the maximum hydrocyanic acid content shall be 7 grams per hectolitre of ▌100% vol. alcohol in the case of stone-fruit marc spirit;

(5) redistillation at the same alcoholic strength is authorised.

(b) The minimum alcoholic strength by volume of fruit marc spirit shall be 37,5%.


(d) Fruit marc spirit shall not be flavoured.

(e) Fruit marc spirit may only contain added caramel as a means to adapt colour.

(f) The sales denomination shall consist of the name of the fruit followed by "marc spirit". If marcs of several different fruits are used, the sales denomination shall be "fruit marc spirit".

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8. Raisin spirit or raisin brandy

(a) Raisin spirit or raisin brandy is a spirit drink produced exclusively by the distillation of the product obtained by the alcoholic fermentation of extract of dried grapes of the "Corinth Black" or Moscatel of the Alexandria varieties, distilled at less than 94,5% vol., so that the distillate has an aroma and taste derived from the raw material used.

(b) The minimum alcoholic strength by volume of raisin spirit or raisin brandy shall be 37,5%.


(d) Raisin spirit or raisin brandy shall not be flavoured.

(e) Raisin spirit or raisin brandy may only contain added caramel as a means to adapt colour.

9. Fruit spirit

(a) Fruit spirit is a spirit drink:

(1) produced exclusively by the alcoholic fermentation and distillation of fleshy fruit or must of such fruit, berries or vegetables, with or without stones,

(2) distilled at less than 86% vol. so that the distillate has an aroma and taste derived from the raw materials distilled,

(3) having a quantity of volatile substances equal to or exceeding 200 grams per hectolitre of 100% vol. alcohol,

(4) in the case of stone-fruit spirits, having a hydrocyanic acid content not exceeding 7 grams per hectolitre of 100% vol. alcohol.

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(b) The maximum methanol content of fruit spirit shall be 1 000 grams per hectolitre of 100% vol. alcohol▌.

However for the following fruit spirits the maximum methanol content shall be:

(i) 1 200 grams per hectolitre of ▌100% vol. alcohol obtained from the following fruits or berries:

– plum (Prunus domestica L.),

– mirabelle (Prunus domestica L. subsp. syriaca (Borkh.) Janch. ex Mansf.),

– quetsch (Prunus domestica L.),

– apple (Malus domestica Borkh.),

– pear (Pyrus communis L.) except for Williams pears (Pyrus communis L. cv "Williams"),

– raspberries (Rubus idaeus L.),

– blackberries (Rubus fruticosus auct. aggr.),

– apricots (Prunus armeniaca L.),

– peaches (Prunus persica (L.) Batsch);

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(ii) 1 350 grams per hectolitre of ▌100% vol. alcohol obtained from the following fruits or berries:

– Williams pears (Pyrus communis L. cv "Williams"),

– redcurrants (Ribes rubrum L.)

– blackcurrants (Ribes nigrum L.),

– rowanberries (Sorbus aucuparia L.),

– elderberries (Sambucus nigra L.),

– quinces (Cydonia oblonga Mill.),

– juniper berries (Juniperus communis L. and/or Juniperus oxicedrus L.).

(c) The minimum alcoholic strength by volume of fruit spirit shall be 37,5%.

(d) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.

(e) Fruit spirit shall not be flavoured.

(f) The sales denomination of fruit spirit shall be "spirit" preceded by the name of the fruit, berry or vegetable, such as: cherry spirit or kirsch, plum spirit or slivovitz, mirabelle, peach, apple, pear, apricot, fig, citrus or grape spirit or other fruit spirits.

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It may also be called wasser, with the name of the fruit.

The name of the fruit may replace "spirit", preceded by the name of the fruit, solely in the case of the following fruits:

– mirabelle (Prunus domestica L. subsp. syriaca (Borkh.) Janch. ex Mansf.),

– plum (Prunus domestica L.),

– quetsch (Prunus domestica L.),

– fruit of arbutus (Arbutus unedo L.),

– "Golden Delicious" apple.

Should there be a risk that the final consumer may not easily understand one of these sales denominations, the labelling shall include the word "spirit", possibly supplemented by an explanation.

(g) The name Williams may be used only to sell pear spirit produced solely from pears of the "Williams" variety.

(h) Whenever two or more fruits, berries or vegetables are distilled together, the product shall be sold under the name "fruit spirit" or "vegetable spirit", as appropriate. The name may be supplemented by that of each fruit, berry or vegetable, in decreasing order of quantity used.

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10. Cider spirit and perry spirit

(a) Cider spirit and perry spirit are spirit drinks:

(1) produced exclusively by the distillation at less than 86% vol. of cider or perry ▌so that the distillate has an aroma and taste derived from the fruits▌,

(2) having a quantity of volatile substances equal to or exceeding 200 grams per hectolitre of 100% vol. alcohol,

(3) having a maximum methanol content of 1 000 grams per hectolitre of 100% vol. alcohol.

(b) The minimum alcoholic strength by volume of cider spirit and of perry spirit shall be 37,5%.


(d) Neither cider spirit nor perry spirit shall be flavoured.

(e) Cider spirit and perry spirit may only contain added caramel as a means to adapt colour.

11. Honey spirit

(a) Honey spirit is a spirit drink:

(1) produced exclusively by fermentation and distillation of honey mash,

(2) distilled at less than 86% vol. so that the distillate has the organoleptic characteristics derived from the raw material used.

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(b) The minimum alcoholic strength by volume of honey spirit shall be 35% vol.


(d) Honey spirit shall not be flavoured.

(e) Honey spirit may only contain added caramel as a means to adapt colour.

(f) Honey spirit may only be sweetened with honey.

12. Hefebrand or lees spirit

(a) Hefebrand or lees spirit is a spirit drink produced exclusively by the distillation at less than 86% vol. of lees of wine or of fermented fruit.

(b) The minimum alcoholic strength by volume of Hefebrand or lees spirit shall be 38%.


(d) Hefebrand or lees spirit shall not be flavoured.

(e) Hefebrand or lees spirit may only contain added caramel as a means to adapt colour.

(f) The sales denomination Hefebrand or lees spirit shall be supplemented by the name of the raw material used.

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13. Bierbrand or eau de vie de bière

(a) Bierbrand or eau de vie de bière is a spirit drink obtained exclusively by direct distillation under normal pressure of fresh beer with an alcoholic strength by volume of less than 86% such that the distillate obtained has organoleptic characteristics deriving from the beer.

(b) The minimum alcoholic strength by volume of Bierbrand or eau de vie de bière shall be 38%.


(d) Bierbrand or eau de vie de bière shall not be flavoured.

(e) Bierbrand or eau de vie de bière may only contain added caramel as a means to adapt colour.

14. Topinambur or Jerusalem artichoke spirit

(a) Topinambur or Jerusalem artichoke spirit is a spirit drink produced exclusively by fermentation and distillation at less than 86% vol. of Jerusalem artichoke tubers (Helianthus tuberosus L.).

(b) The minimum alcoholic strength by volume of topinambur or Jerusalem artichoke spirit shall be 38%.


(d) Topinambur or Jerusalem artichoke spirit shall not be flavoured.

(e) Topinambur or Jerusalem artichoke spirit may only contain added caramel as a means to adapt colour.

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15. Vodka(a) Vodka is a spirit drink produced from ethyl alcohol of agricultural origin

obtained following fermentation with yeast from either:

(1) potatoes and/or cereals, or,

(2) other agricultural raw materials,

distilled and/or rectified so that the organoleptic characteristics of the raw materials used and by-products formed in fermentation are selectively reduced.

This process may be followed by redistillation and/or treatment with appropriate processing aids, including treatment with activated charcoal, to give it special organoleptic characteristics.

Maximum levels of residue for ethyl alcohol of agricultural origin shall meet those laid down in Annex I, except that the methanol content shall not exceed 10 grams per hectolitre of 100% vol. alcohol.

(b) The minimum alcoholic strength by volume of vodka shall be 37,5%.

(c) The only flavourings which may be added are natural flavouring compounds present in distillate obtained from the fermented raw materials. In addition, the product may be given special organoleptic characteristics, other than a predominant flavour.

(d) The description, presentation or labelling of vodka not produced exclusively from the raw material(s) listed in paragraph (a)(1) shall bear the indication "produced from ...", supplemented by the name of the raw material(s) used to produce the ethyl alcohol of agricultural origin. Labelling shall be in accordance with Article 13(2) of Directive 2000/13/EC.

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16. Spirit (preceded by the name of the fruit) obtained by maceration and distillation

(a) Spirit (preceded by the name of the fruit) obtained by maceration and distillation is a spirit drink:

(1) produced by maceration of fruit or berries listed under point 2, whether partially fermented or unfermented, with the possible addition of a maximum of 20 litres of ethyl alcohol of agricultural origin or ▌spirit and/or distillate deriving from the same fruit per 100 kg of fermented fruit or berries, followed by distillation at less than 86% vol.

(2) ▌obtained from the following fruits:

– blackberry (Rubus fruticosus auct. aggr.),

– strawberry (Fragaria spp.),

– bilberry (Vaccinium myrtillus L.),

– raspberry (Rubus idaeus L.),

– redcurrant (Ribes rubrum L.),

– sloe (Prunus spinosa L.),

– rowanberry (Sorbus aucuparia L.),

– service-berry (Sorbus domestica L.),

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– hollyberry (Ilex cassine L.),

– checkerberry (Sorbus torminalis (L.) Crantz),

– elderberry (Sambucus nigra L.),

– rosehip (Rosa canina L.),

– blackcurrant (Ribes nigrum L.).

– banana (Musa spp.),

– passion fruit (Passiflora edulis Sims),

– ambarella (Spondias dulcis Sol. ex Parkinson),

– hog plum (Spondias mombin L.)

(b) The minimum alcoholic strength by volume of a Spirit (preceded by the name of the fruit) obtained by maceration and distillation shall be 37,5%.

(c) Spirit (preceded by the name of the fruit) obtained by maceration and distillation shall not be flavoured.

(d) As regards the labelling and presentation of Spirit (preceded by the name of the fruit) obtained by maceration and distillation, the wording " obtained by maceration and distillation" must appear on the description, presentation or labelling in characters of the same font, size and colour ▌and in the same visual field as the wording ▌"Spirit (preceded by the name of the fruit)" and, in the case of bottles, on the front label.

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17. Geist (with the name of the fruit or the raw material used)

(a) Geist (with the name of the fruit or the raw material used) is a spirit drink obtained by maceration of unfermented fruits and berries listed in category 16(2) of this Annex or vegetables, nuts, or other plant materials such as herbs or rose petals in ethyl alcohol of agricultural origin, followed by distillation at less than 86% vol.

(b) The minimum alcoholic strength by volume of Geist (with the name of the fruit or the raw material used) shall be 37,5%.

(c) ▌Geist (with the name of the fruit or the raw material used) shall not be flavoured.

▌18. Gentian

(a) Gentian ▌is a spirit drink produced from a distillate of gentian, itself obtained by the fermentation of gentian roots with or without the addition of ethyl alcohol of agricultural origin.

(b) The minimum alcoholic strength by volume of gentian ▌shall be 37,5%.

(c) Gentian shall not be flavoured.

19. Juniper-flavoured spirit drinks

(a) Juniper-flavoured spirit drinks are spirit drinks produced by flavouring ethyl alcohol of agricultural origin and/or grain spirit and/or grain distillate with juniper (Juniperus communis L. and/or Juniperus oxicedrus L.) berries.

(b) The minimum alcoholic strength by volume of juniper-flavoured spirit drinks shall be 30%.

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(c) Other natural and/or nature-identical flavouring substances as defined in Article 1(2)(b)(i) and (ii) of Directive 88/388/EEC and/or flavouring preparations defined in Article 1(2)(c) of that Directive, and/or aromatic plants or parts of aromatic plants may be used in addition, but the organoleptic characteristics of juniper must be discernible, even if they are sometimes attenuated.

(d) Juniper-flavoured spirit drinks may bear the sales denominations Wacholder ▌or genebra.

20. Gin

(a) Gin is a juniper-flavoured spirit drink produced by flavouring organoleptically suitable ethyl alcohol of agricultural origin with juniper berries (Juniperus communis L.).

(b) The minimum alcoholic strength by volume of gin shall be 37,5%.

(c) Only natural and/or nature-identical flavouring substances as defined in Article 1(2)(b)(i) and (ii) of Directive 88/388/EEC and/or flavouring preparations as defined in Article 1(2)(c) of that Directive shall be used for the production of gin so that the taste is predominantly that of juniper.

21. Distilled gin

(a) Distilled gin is:

(1) a juniper-flavoured spirit drink produced exclusively by redistilling organoleptically suitable ethyl alcohol of agricultural origin of an appropriate quality with an initial alcoholic strength of at least 96% vol. in stills traditionally used for gin, in the presence of juniper berries (Juniperus communis L.) and of other natural botanicals provided that the juniper taste is predominant, or

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(2) the mixture of the product of such distillation and ethyl alcohol of agricultural origin with the same composition, purity and alcoholic strength; natural and/or nature-identical flavouring substances and/or flavouring preparations as specified in category 20(c) may also be used to flavour distilled gin.

(b) The minimum alcoholic strength by volume of distilled gin shall be 37,5%.

(c) Gin obtained simply by adding essences or flavourings to ethyl alcohol of agricultural origin is not distilled gin.

22. London gin

(a) London gin is a type of distilled gin:

(1) obtained exclusively from ethyl alcohol of agricultural origin, with a maximum methanol content not exceeding 5 grams per hectolitre of 100% vol. alcohol, ▌whose flavour is introduced exclusively through the re-distillation in traditional stills of ethyl alcohol in the presence of all the natural plant materials used,

▌(2) the resultant distillate of which contains at least 70% alcohol by vol.,

(3) where any further ▌ethyl alcohol of agricultural origin is added it must be consistent with the characteristics listed in Annex I(1), but with a maximum methanol content not exceeding 5 grams per hectolitre of 100% vol. alcohol,

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(4) which does not contain added sweetening exceeding 0,1 gram of sugars per litre of the final product nor colorants,

(5) which does not contain any other added ingredients other than water.

(b) The minimum alcoholic strength by volume of London gin shall be 37,5%.

(c) The term London gin may be supplemented by the term "dry".

23. Caraway-flavoured spirit drinks

(a) Caraway-flavoured spirit drinks are spirit drinks produced by flavouring ethyl alcohol of agricultural origin with caraway (Carum carvi L.).

(b) The minimum alcoholic strength by volume of caraway-flavoured spirit drinks shall be 30%.

(c) Other natural and/or nature-identical flavouring substances as defined in Article 1(2)(b)(i) and (ii) of Directive 88/388/EEC and/or flavouring preparations as defined in Article 1(2)(c) of that Directive may additionally be used but there must be a predominant taste of caraway.

24. Akvavit or aquavit

(a) Akvavit or aquavit is a caraway and/or dillseed-flavoured spirit drink flavoured with a distillate of plants or spices.

(b) The minimum alcoholic strength by volume of akvavit or aquavit shall be 37,5%.

(c) Other natural and/or nature-identical flavouring substances as defined in Article 1(2)(b)(i) and (ii) of Directive 88/388/EEC and/or flavouring preparations as defined in Article 1(2)(c) of that Directive may additionally be used▌, but the flavour of these drinks is largely attributable to distillates of caraway (Carum carvi L.) and/or dill (Anethum graveolens L.) seeds, the use of essential oils being prohibited.

(d) The bitter substances must not obviously dominate the taste; the dry extract content shall not exceed 1,5 grams per 100 millilitres.

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25. Aniseed-flavoured spirit drinks

(a) Aniseed-flavoured spirit drinks are spirit drinks produced by flavouring ethyl alcohol of agricultural origin with natural extracts of star anise (Illicium verum Hook f.), anise (Pimpinella anisum L.), fennel (Foeniculum vulgare Mill.), or any other plant which contains the same principal aromatic constituent, using one of the following processes or a combination thereof:

(1) maceration and/or distillation,

(2) redistillation of the alcohol in the presence of the seeds or other parts of the plants specified above,

(3) addition of natural distilled extracts of aniseed-flavoured plants.

(b) The minimum alcoholic strength by volume of aniseed-flavoured spirit drinks shall be 15%.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of aniseed-flavoured spirit drinks.

(d) Other natural plant extracts or aromatic seed may also be used, but the aniseed taste must remain predominant.

26. Pastis

(a) Pastis is an aniseed-flavoured spirit drink which also contains natural extracts of liquorice root (Glycyrrhiza spp.), which implies the presence of the colorants known as "chalcones" as well as glycyrrhizic acid, the minimum and maximum levels of which must be 0,05 and 0,5 grams per litre respectively.

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(b) The minimum alcoholic strength by volume of pastis shall be 40%.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of pastis.

(d) Pastis contains less than 100 grams of sugars per litre, expressed as invert sugar, and has a minimum and maximum anethole level of 1,5 and 2 grams per litre respectively.

27. Pastis de Marseille

(a) Pastis de Marseille is a pastis with an anethole content of 2 grams per litre.

(b) The minimum alcoholic strength by volume of pastis de Marseille shall be 45%.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of pastis de Marseille.

28. Anis

(a) Anis is an aniseed-flavoured spirit drink whose characteristic flavour is derived exclusively from anise (Pimpinella anisum L.) and/or star anise (Illicium verum Hook f.) and/or fennel (Foeniculum vulgare Mill.).

(b) The minimum alcoholic strength by volume of anis shall be 35%.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of anis.

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29. Distilled anis

(a) Distilled anis is anis which contains alcohol distilled in the presence of the seeds referred to in category 26(a), and in the case of geographical indications mastic and other aromatic seeds, plants or fruits, provided such alcohol constitutes at least 20% of the ▌alcoholic strength of the distilled anis.

(b) The minimum alcoholic strength by volume of distilled anis shall be 35%.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of distilled anis.

30. Bitter-tasting spirit drinks or bitter

(a) Bitter-tasting spirit drinks or bitter are spirit drinks with a predominantly bitter taste produced by flavouring ethyl alcohol of agricultural origin with natural and/or nature-identical flavouring substances as defined in Article 1(2)(b)(i) and (ii) of Directive 88/388/EEC and/or flavouring preparations as defined in Article 1(2)(c) of that Directive.

(b) The minimum alcoholic strength by volume of bitter-tasting spirit drinks or bitter shall be 15%.

(c) Bitter tasting spirit drinks or bitter may also be sold under the names "amer" or "bitter" with or without another term.

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▌

31. Flavoured vodka

(a) Flavoured vodka is vodka which has been given a predominant flavour other than that of the raw materials,

(b) the minimum alcoholic strength by volume of flavoured vodka shall be 37,5%,

(c) flavoured vodka may be sweetened, blended, flavoured, matured or coloured,

(d) flavoured vodka may also be sold under the name of any predominant flavour with the word "vodka".

32. Liqueur

(a) Liqueur is a spirit drink:

(1) having a minimum sugar content, expressed as invert sugar, of:

(i) 80 grams per litre for gentian or similar liqueurs prepared with gentian or similar plants as the sole aromatic substance,

(ii) 70 grams per litre for cherry liqueurs the ethyl alcohol of which

consists exclusively of cherry spirit,

(iii) 100 grams per litre in all other cases;

(2) produced by flavouring ethyl alcohol of agricultural origin or a distillate of agricultural origin or one or more spirit drinks or a mixture thereof, sweetened and ▌with the addition of products of agricultural origin or foodstuffs such as cream, milk or other milk products, fruit, wine or aromatised wine as defined in Council Regulation (EEC) No 1601/911.

1 OJ L 149, 14.6.1991, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003.

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(b) The minimum alcoholic strength by volume of liqueur shall be 15%.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC and nature-identical flavouring substances and preparations as defined in Article 1(2)(b)(ii) of that Directive may be used in the preparation of liqueur.

However, nature-identical flavouring substances and preparations as defined in Article 1(2)(b)(ii) of that Directive shall not be used in the preparation of the following liqueurs:

(1) Fruit liqueurs:

– blackcurrant,

– cherry,

– raspberry,

– mulberry,

– bilberry,

– citrus fruit,

– cloudberry,

– arctic bramble,

– cranberry,

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– lingonberry,

– sea buckthorn,

– pineapple;

(2) plant liqueurs:

– mint,

– gentian,

– aniseed,

– génépi,

– vulnerary.

(d) The following compound terms may be used in the presentation of liqueurs produced in the Community where ethyl alcohol of agricultural origin is used to mirror established production methods:

– prune brandy,

– orange brandy,

– apricot brandy,

– cherry brandy,

– solbaerrom, also called blackcurrant rum.

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As regards the labelling and presentation of those liqueurs, the compound term must appear on the labelling in one line in uniform characters of the same font and colour and the word "liqueur" must appear in immediate proximity in characters no smaller than that font. If the alcohol does not come from the spirit drink indicated, its origin must be shown on the labelling in the same visual field as the compound term and the word "liqueur" either by stating the type of agricultural alcohol or by the words "agricultural alcohol" preceded on each occasion by "made from" or "made using".

33. Crème de (followed by the name of a fruit or the raw material used)

(a) Spirit drinks known as Crème de (followed by the name of a fruit or the raw material used), excluding milk products, are liqueurs with a minimum sugar content of 250 grams per litre expressed as invert sugar.

(b) The minimum alcoholic strength by volume of Crème de (followed by the name of a fruit or the raw material used) shall be 15%.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply to this spirit drink.

(d) The sales denomination may be supplemented by the term "liqueur".

34. Crème de cassis

(a) Crème de cassis is a blackcurrant liqueur containing at least 400 grams of sugar per litre expressed as invert sugar.

(b) The minimum alcoholic strength by volume of crème de cassis shall be 15%.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply to crème de cassis.


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35. Guignolet

(a) Guignolet is a liqueur obtained by maceration of cherries in ethyl alcohol of agricultural origin.

(b) The minimum alcoholic strength by volume of guignolet shall be 15%.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply to guignolet.


36. Punch au rhum

(a) Punch au rhum is a liqueur for which the alcohol content is provided exclusively by rum.

(b) The minimum alcoholic strength by volume of punch au rhum shall be 15%.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply to punch au rhum.


37. Sloe gin

(a) Sloe gin is a liqueur produced by maceration of sloes in gin with the possible addition of sloe juice.

(b) The minimum alcoholic strength by volume of sloe gin shall be 25%.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of sloe gin.


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38. Sambuca

(a) Sambuca is a colourless aniseed-flavoured liqueur:

(1) containing distillates of anise (Pimpinella anisum L.), star anise (Illicium verum L.) or other aromatic herbs,

(2) with a minimum sugar content equivalent to 350 grams per litre of invert sugar,

(3) with a natural anethole content of not less than 1 gram and not more than 2 grams per litre.

(b) The minimum alcoholic strength by volume of sambuca shall be 38%.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 apply to sambuca.

(d) The sales denomination may be supplemented by the term "liqueur".▌

39. Maraschino, ▌ Marrasquino or Maraskino

(a) Maraschino, marrasquino or maraskino is a colourless liqueur the flavour of which is given mainly by a distillate of marasca cherries or of the product obtained by macerating cherries or parts of cherries in alcohol of agricultural origin with a minimum sugar content of 250 grams per litre expressed as invert sugar.

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(b) The minimum alcoholic strength by volume of maraschino, marrasquino or maraskino shall be 24%.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply to maraschino, marrasquino or maraskino.


40. Nocino

(a) Nocino is a liqueur the flavour of which is given mainly by maceration and/or distillation of whole green walnuts (Jugilans regia L.) with a minimum sugar content of 100 grams per litre expressed as invert sugar.

(b) The minimum alcoholic strength by volume of nocino shall be 30%.

(c) The rules on flavouring substances and preparations for liqueurs laid down under category 32 shall apply to nocino.


41. Egg liqueur or advocaat or avocat or advokat

(a) Egg liqueur or advocaat or avocat or advokat is a spirit drink, whether or not flavoured, obtained from ethyl alcohol of agricultural origin, distillate and/or spirit, the ingredients of which are quality egg yolk, egg white and sugar or honey. The minimum sugar or honey content must be 150 grams per litre expressed as invert sugar. The minimum ▌content of pure egg yolk must be 140 grams per litre of the final product.

(b) By way of derogation from Article 1(c), the minimum alcoholic strength by volume of egg liqueur or advocaat or avocat or advokat shall be 14%.

(c) Only natural or nature-identical flavouring substances and preparations as defined in Article 1(2)(b)(i) and (ii) and in Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of egg liqueur or advocaat or avocat or advokat.

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42. Liqueur with egg

(a) Liqueur with egg is a spirit drink, whether or not flavoured, obtained from ethyl alcohol of agricultural origin, distillate and/or spirit, the characteristic ingredients of which are quality egg yolk, egg white and sugar or honey. The minimum sugar or honey content must be 150 grams per litre expressed as invert sugar. The minimum egg yolk content must be 70 grams per litre of the final product.

(b) The minimum alcoholic strength by volume of liqueur with egg shall be 15%.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of liqueur with egg.

43. Mistrà (a) Mistrà is a colourless spirit drink flavoured with aniseed or natural anethole:

(1) with an anethole content of not less than 1 gram and not more than 2 grams per litre,

(2) that may also contain a distillate of aromatic herbs,

(3) containing no added sugar.

(b) The minimum alcoholic strength by volume of mistrà shall be 40% and the maximum alcoholic strength by volume shall be 47%.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of mistrà.

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44. Vaekevae gloegi or spritgloegg

(a) Vaekevae gloegi or spritgloegg is a spirit drink produced by flavouring ethyl alcohol of agricultural origin with natural or nature identical aroma of cloves and/or cinnamon using one of the following processes: maceration and/or distillation, redistillation of the alcohol in the presence of parts of the plants specified above, addition of natural or nature identical flavour of cloves or cinnamon or a combination of these methods.

(b) The minimum alcoholic strength by volume of vaekevae gloegi or spritgloegg shall be 15%.

(c) Other natural or nature identical plant extracts or flavours in conformity with Directive 88/388/EEC may also be used, but the flavour of the specified spices must be predominant.

(d) The content of wine or wine products shall not exceed 50% of the final product.

45. Berenburg or Beerenburg

(a) Berenburg or Beerenburg is a spirit drink:

(1) produced using ethyl alcohol of agricultural origin,

(2) ▌with the maceration of fruit or plants or parts thereof,

(3) containing as specific flavour distillate of gentian root (Gentiana lutea L.), of juniper berries (Juniperus communis L.) and of laurel leaves (Laurus nobilis L.),

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(4) varying in colour from light to dark brown,

(5) which may be sweetened to a maximum of 20 grams per litre expressed as invert sugar.

(b) The minimum alcoholic strength by volume of Berenburg or Beerenburg shall be 30%.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of Berenburg or Beerenburg.

▌46. Honey or mead nectar

(a) Honey or mead nectar is a spirit drink produced by flavouring the mixture of fermented honey mash and honey distillate and/or ethyl alcohol of agricultural origin, which contains at least 30% vol. of fermented honey mash.

(b) The minimum alcoholic strength by volume of honey or mead nectar shall be 22% vol.

(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of honey or mead nectar provided that the honey taste is predominant.

(d) Honey or mead nectar may only be sweetened with honey.

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▌Other spirit drinks▌1. Rum-Verschnitt is produced in Germany and obtained by mixing rum and alcohol,

whereby a minimum proportion of 5% of the alcohol contained in the final product must come from rum. The minimum alcoholic strength of Rum-Verschnitt shall be 37,5 %. As regards the labelling and presentation of the product Rum-Verschnitt the word Verschnitt must appear on the description, presentation and labelling in characters of the same font, size and colour as, and on the same line as, the word "Rum" and, in the case of bottles, on the front label. Where this product is sold outside the German market, its alcoholic composition must appear on the label.

2. Slivovice is produced in the Czech Republic and obtained by the addition to the plum distillate, before the final distillation, of a maximum proportion of 30% by volume of ethyl alcohol of agricultural origin. This product must be described as "spirit drink" and may also use the name slivovice in the same visual field on the front label. If this Czech slivovice is marketed in the Community, its alcoholic composition must appear on the label. This provision is without prejudice to the use of the name slivovice for fruit spirits according to category 9 of this Annex.

_____________

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ANNEX IIIGEOGRAPHICAL INDICATIONS

Product category ▌

Geographical Indication Country of Origin (the precise geographical origin is described in the technical

file)

1. Rum

Rhum de la Martinique ▌ France

Rhum de la Guadeloupe ▌ France

Rhum de la Réunion ▌ France

Rhum de la Guyane ▌ France

Rhum de sucrerie de la Baie du Galion FranceRhum des Antilles françaises FranceRhum des départements français d'outre-mer FranceRon de Málaga SpainRon de Granada SpainRum da Madeira Portugal

2. Whisky / Whiskey

Scotch Whisky ▌ United Kingdom (Scotland)

Irish Whiskey / Uisce Beatha Eireannach / Irish Whisky (1)

Ireland

Whisky español

▌Spain

Whisky breton / Whisky de Bretagne FranceWhisky alsacien / Whisky d'Alsace France

3. Grain spirit

Eau-de-vie de seigle de marque nationale luxembourgeoise

Luxembourg

Korn / Kornbrand Germany, Austria, Belgium (German speaking Community)

Münsterländer Korn / Kornbrand GermanySendenhorster Korn / Kornbrand GermanyBergischer Korn / Kornbrand GermanyEmsländer Korn / Kornbrand GermanyHaselünner Korn / Kornbrand GermanyHasetaler Korn / Kornbrand GermanySamanė Lithuania

(1) The geographical indication Irish Whiskey / Uisce Beatha Eireannach / Irish Whisky covers whisky/whiskey produced in Ireland and Northern Ireland.

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4. Wine spirit

Eau-de-vie de Cognac FranceEau-de-vie des Charentes FranceEau-de-vie de Jura FranceCognac France

(The denomination "Cognac" may be supplemented by the following terms:

France

- Fine France- Grande Fine Champagne France- Grande Champagne France- Petite Fine Champagne France- Petite Champagne France- Fine Champagne France- Borderies France- Fins Bois France- Bons Bois) FranceFine Bordeaux France

Fine de Bourgogne FranceArmagnac FranceBas-Armagnac FranceHaut-Armagnac France

▌Armagnac-Ténarèze France

Blanche Armagnac FranceEau-de-vie de vin de la Marne FranceEau-de-vie de vin originaire d'Aquitaine FranceEau-de-vie de vin de Bourgogne FranceEau-de-vie de vin originaire du Centre-Est FranceEau-de-vie de vin originaire de Franche-Comté FranceEau-de-vie de vin originaire du Bugey FranceEau-de-vie de vin de Savoie FranceEau-de-vie de vin originaire des Coteaux de la Loire FranceEau-de-vie de vin des Côtes-du-Rhône FranceEau-de-vie de vin originaire de Provence FranceEau-de-vie de Faugères / Faugères FranceEau-de-vie de vin originaire du Languedoc

▌France

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Aguardente de Vinho Douro

▌Portugal

Aguardente de Vinho Ribatejo PortugalAguardente de Vinho Alentejo

▌Portugal

Aguardente de Vinho da Região dos Vinhos Verdes PortugalAguardente de Vinho da Região dos Vinhos Verdes de Alvarinho

Portugal

Aguardente de Vinho Lourinhã Portugal

Сунгурларска гроздова ракия / Гроздова ракия от Сунгурларе / Sungurlarska grozdova rakya / Grozdova rakya from Sungurlare

Bulgaria

Сливенска перла (Сливенска гроздова ракия / Гроздова ракия от Сливен) /Slivenska perla (Slivenska grozdova rakya / Grozdova rakya from Sliven)

Bulgaria

Стралджанска Мускатова ракия / Мускатова ракия от Стралджа / Straldjanska Muscatova rakya / Muscatova rakya from Straldja

Bulgaria

Поморийска гроздова ракия / Гроздова ракия от Поморие / Pomoriyska grozdova rakya / Grozdova rakya from Pomorie

Bulgaria

Русенска бисерна гроздова ракия / Бисерна гроздова ракия от Русе / Russenska biserna grozdova rakya / Biserna grozdova rakya from Russe

Bulgaria

Бургаска Мускатова ракия / Мускатова ракия от Бургас / Bourgaska Muscatova rakya / Muscatova rakya from Bourgas

Bulgaria

Добруджанска мускатова ракия / Мускатова ракия от Добруджа / Dobrudjanska muscatova rakya / muscatova rakya from Dobrudja

Bulgaria

Сухиндолска гроздова ракия / Гроздова ракия от Сухиндол / Suhindolska grozdova rakya / Grozdova rakya from Suhindol

Bulgaria

Карловска гроздова ракия / Гроздова Ракия от Карлово / Karlovska grozdova rakya / Grozdova Rakya from Karlovo

Bulgaria

Vinars Târnave Romania

Vinars Vaslui Romania

Vinars Murfatlar Romania

Vinars Vrancea Romania

Vinars Segarcea Romania

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5. Brandy/ Weinbrand

Brandy de Jerez SpainBrandy del Penedés SpainBrandy italiano ItalyBrandy Αττικής / Brandy of Attica GreeceBrandy Πελοποννήσου / Brandy of the Peloponnese GreeceBrandy Κεντρικής Ελλάδας / Brandy of Central Greece GreeceDeutscher Weinbrand GermanyWachauer Weinbrand AustriaWeinbrand Dürnstein AustriaPfälzer Weinbrand GermanyKarpatské brandy špeciál SlovakiaBrandy français / Brandy de France France

6. Grape marc spirit

Marc de Champagne / Eau-de-vie de marc de Champagne

France

Marc d'Aquitaine / Eau-de-vie de marc originaire d'Aquitaine

France

Marc de Bourgogne / Eau-de-vie de marc de Bourgogne

France

Marc du Centre-Est / Eau-de-vie de marc originaire du Centre-Est

France

Marc de Franche-Comté /Eau-de-vie de marc originaire de Franche-Comté

France

Marc du Bugey / Eau-de-vie de marc originaire de Bugey

France

Marc de Savoie / Eau-de-vie de marc originaire de Savoie

▌

France

Marc des Côteaux de la Loire / Eau-de-vie de marc originaire des Coteaux de la Loire

France

Marc des Côtes-du-Rhône / Eau-de-vie de marc des Côtes du Rhône

France

Marc de Provence / Eau-de-vie de marc originaire de Provence

France

Marc du Languedoc / Eau-de-vie de marc originaire du Languedoc

France

Marc d'Alsace Gewürztraminer FranceMarc de Lorraine

▌France

Marc d'Auvergne FranceMarc du Jura

▌France

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Aguardente Bagaceira Bairrada

▌Portugal

Aguardente Bagaceira Alentejo

▌Portugal

Aguardente Bagaceira da Região dos Vinhos Verdes PortugalAguardente Bagaceira da Região dos Vinhos Verdes de Alvarinho

Portugal

Orujo de Galicia SpainGrappa ItalyGrappa di Barolo ItalyGrappa piemontese / Grappa del Piemonte ItalyGrappa lombarda / Grappa di Lombardia ItalyGrappa trentina / Grappa del Trentino ItalyGrappa friulana / Grappa del Friuli ItalyGrappa veneta / Grappa del Veneto ItalySüdtiroler Grappa / Grappa dell'Alto Adige ItalyGrappa Siciliana / Grappa di Sicilia ItalyGrappa di Marsala ItalyΤσικουδιά / Tsikoudia GreeceΤσικουδιά Κρήτης / Tsikoudia of Crete GreeceΤσίπουρο / Tsipouro GreeceΤσίπουρο Μακεδονίας/ Tsipouro of Macedonia GreeceΤσίπουρο Θεσσαλίας / Tsipouro of Thessaly GreeceΤσίπουρο Τυρνάβου / Tsipouro of Tyrnavos GreeceEau-de-vie de marc de marque nationale luxembourgeoise

Luxembourg

Ζιβανία / Τζιβανία /Ζιβάνα / Zivania CyprusTörkölypálinka Hungary

9. Fruit spirit

Schwarzwälder Kirschwasser

▌Germany

Schwarzwälder Mirabellenwasser GermanySchwarzwälder Williamsbirne GermanySchwarzwälder Zwetschgenwasser GermanyFränkisches Zwetschgenwasser GermanyFränkisches Kirschwasser GermanyFränkischer Obstler Germany

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Mirabelle de Lorraine FranceKirsch d'Alsace FranceQuetsch d'Alsace FranceFramboise d'Alsace FranceMirabelle d'Alsace FranceKirsch de Fougerolles FranceWilliams d'Orléans FranceSüdtiroler Williams / Williams dell'Alto Adige ItalySüdtiroler Aprikot / Aprikot dell'Alto Adige ItalySüdtiroler Marille / Marille dell'Alto Adige ItalySüdtiroler Kirsch / Kirsch dell'Alto Adige ItalySüdtiroler Zwetschgeler / Zwetschgeler dell'Alto Adige ItalySüdtiroler Obstler / Obstler dell'Alto Adige Italy Südtiroler Gravensteiner / Gravensteiner dell'Alto Adige

Italy

Südtiroler Golden Delicious / Golden Delicious dell'Alto Adige

Italy

Williams friulano / Williams del Friuli ItalySliwovitz del Veneto ItalySliwovitz del Friuli-Venezia Giulia ItalySliwovitz del Trentino-Alto Adige ItalyDistillato di mele trentino / Distillato di mele del Trentino

Italy

Williams trentino / Williams del Trentino ItalySliwovitz trentino / Sliwovitz del Trentino ItalyAprikot trentino / Aprikot del Trentino ItalyMedronho do Algarve PortugalMedronho do Buçaco PortugalKirsch Friulano / Kirschwasser Friulano ItalyKirsch Trentino / Kirschwasser Trentino ItalyKirsch Veneto / Kirschwasser Veneto ItalyAguardente de pêra da Lousã PortugalEau-de-vie de pommes de marque nationale luxembourgeoise

Luxembourg

Eau-de-vie de poires de marque nationale luxembourgeoise

Luxembourg

Eau-de-vie de kirsch de marque nationale luxembourgeoise

Luxembourg

Eau-de-vie de quetsch de marque nationale luxembourgeoise

Luxembourg

Eau-de-vie de mirabelle de marque nationale luxembourgeoise

Luxembourg

Eau-de-vie de prunelles de marque nationale luxembourgeoise

Luxembourg

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Wachauer Marillenbrand AustriaSzatmári Szilvapálinka HungaryKecskeméti Barackpálinka HungaryBékési Szilvapálinka HungarySzabolcsi Almapálinka

▌Hungary

▌Gönci Barackpálinka HungaryPálinka

▌

Hungary,Austria (for apricot spirits solely produced in the Länder of: Niederösterreich, Burgenland, Steiermark, /Wien)

▌

Bošácka Slivovica SlovakiaBrinjevec SloveniaDolenjski sadjevec Slovenia

Троянска сливова ракия / Сливова ракия от Троян / Troyanska slivova rakya / Slivova rakya from Troyan

Bulgaria

Силистренска кайсиева ракия / Кайсиева ракия от Силистра / Silistrenska kaysieva rakya / Kaysieva rakya from Silistra

Bulgaria

Тервелска кайсиева ракия / Кайсиева ракия от Тервел / Tervelska kaysieva rakya / Kaysieva rakya from Tervel

Bulgaria

Ловешка сливова ракия / Сливова ракия от Ловеч / Loveshka slivova rakya / Slivova rakya from Lovech

Bulgaria

Pălincă Romania

Ţuică Zetea de Medieşu Aurit Romania

Ţuică de Valea Milcovului Romania

Ţuică de Buzău Romania

Ţuică de Argeş Romania

Ţuică de Zalău Romania

Ţuică Ardelenească de Bistriţa Romania

Horincă de Maramureş Romania

Horincă de Cămârzana Romania

Horincă de Seini Romania

Horincă de Chioar Romania

Horincă de Lăpuş Romania

Turţ de Oaş Romania

Turţ de Maramureş Romania

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10. Cider spirit and perry spirit

Calvados FranceCalvados Pays d'Auge FranceCalvados Domfrontais FranceEau-de-vie de cidre de Bretagne FranceEau-de-vie de poiré de Bretagne FranceEau-de-vie de cidre de Normandie FranceEau-de-vie de poiré de Normandie FranceEau-de-vie de cidre du Maine FranceAguardiente de sidra de Asturias SpainEau-de-vie de poiré du Maine France

▌15. Vodka

Svensk Vodka / Swedish Vodka SwedenSuomalainen Vodka / Finsk Vodka / Vodka of Finland FinlandPolska Wódka / Polish Vodka PolandLaugarício Vodka SlovakiaOriginali Lietuviška degtinė / Original Lithuanian vodka

Lithuania

Herbal vodka from the North Podlasie Lowland aromatised with an extract of bison grass / Wódka ziołowa z Niziny Północnopodlaskiej aromatyzowana ekstraktem z trawy żubrowej

Poland

Latvijas Dzidrais LatviaRīgas Degvīns LatviaEstonian vodka Estonia

17. Geist

Schwarzwälder Himbeergeist Germany18. Gentian▌

Bayerischer Gebirgsenzian GermanySüdtiroler Enzian / Genziana dell'Alto Adige ItalyGenziana trentina / Genziana del Trentino Italy

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19. Juniper-flavoured spirit drinks

Genièvre / Jenever / Genever Belgium, The Netherlands, France (Departments Nord (59) and Pas-de-Calais (62)), Germany (German Bundesländer Nordrhein-Westfalen and Niedersachsen)

Genièvre de grains, Graanjenever, Graangenever Belgium, The Netherlands, France (Departments Nord (59) and Pas-de-Calais (62))

Jonge jenever, jonge genever Belgium, The Netherlands

▌Oude jenever, oude genever

▌Belgium, The Netherlands

▌Hasseltse jenever / Hasselt Belgium (Hasselt,

Zonhoven, Diepenbeek)Balegemse jenever Belgium (Balegem)O´ de Flander-Oost-Vlaamse Graanjenever Belgium (Oost-Vlaanderen)Peket-Pékêt / Peket-Pékêt de Wallonie Belgium (Région wallonne)Genièvre Flandres Artois France (Departments Nord

(59) and Pas-de-Calais (62))

Ostfriesischer Korngenever

▌Germany

Steinhäger GermanyPlymouth Gin United KingdomGin de Mahón SpainVilniaus Džinas / Vilnius Gin LithuaniaSpišská Borovička SlovakiaSlovenská Borovička Juniperus SlovakiaSlovenská Borovička SlovakiaInovecká Borovička SlovakiaLiptovská Borovička Slovakia

24. ▌Akvavit/ aquavit

Dansk Akvavit / Dansk Aquavit DenmarkSvensk Aquavit / Svensk Akvavit / Swedish Aquavit Sweden

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25. Aniseed-flavoured spirit drinks

Anis español

▌Spain

Anís Paloma Monforte del Cid SpainHierbas de Mallorca SpainHierbas Ibicencas SpainÉvora anisada PortugalCazalla SpainChinchón SpainOjén SpainRute

▌Spain

Janeževec Slovenia29. Distilled Anis

Ouzo / Oύζο Cyprus, GreeceΟύζο Μυτιλήνης / Ouzo of Mitilene GreeceΟύζο Πλωμαρίου / Ouzo of Plomari GreeceΟύζο Καλαμάτας / Ouzo of Kalamata GreeceΟύζο Θράκης / Ouzo of Thrace GreeceΟύζο Μακεδονίας / Ouzo of Macedonia Greece

30. Bitter-tasting spirit drinks/bitter

Demänovka bylinná horká Slovakia

Rheinberger Kräuter GermanyTrejos devynerios Lithuania

Slovenska travarica Slovenia

▌32. Liqueur

Berliner Kümmel GermanyHamburger Kümmel GermanyMünchener Kümmel GermanyChiemseer Klosterlikör GermanyBayerischer Kräuterlikör

▌Germany

Irish Cream IrelandPalo de Mallorca SpainGinjinha portuguesa PortugalLicor de Singeverga Portugal

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Mirto di Sardegna ItalyLiquore di limone di Sorrento ItalyLiquore di limone della Costa d'Amalfi ItalyGenepì del Piemonte ItalyGenepì della Valle d'Aosta ItalyBenediktbeurer Klosterlikör GermanyEttaler Klosterlikör GermanyRatafia de Champagne FranceRatafia catalana SpainAnis português PortugalSuomalainen Marjalikööri / Suomalainen Hedelmälikööri / Finsk Bärlikör / Finsk Fruktlikör / Finnish berry liqueur / Finnish fruit liqueur

Finland

Grossglockner Alpenbitter AustriaMariazeller Magenlikör AustriaMariazeller Jagasaftl AustriaPuchheimer Bitter

▌Austria

Steinfelder Magenbitter AustriaWachauer Marillenlikör AustriaJägertee / Jagertee / Jagatee AustriaAllažu Kimelis LatviaČepkelių LithuaniaDemänovka Bylinný Likér Slovakia

Polish Cherry ▌ Poland

Karlovarská Hořká Czech RepublicPelinkovec SloveniaBlutwurz Germany Cantueso Alicantino SpainLicor café de Galicia SpainLicor de hierbas de Galicia SpainGénépi des Alpes / Genepì degli Alpi France, ItalyΜαστίχα Χίου / Masticha of Chios GreeceΚίτρο Νάξου / Kitro of Naxos GreeceΚουμκουάτ Κέρκυρας / Koum Kouat of Corfu GreeceΤεντούρα / Tentoura GreecePoncha da Madeira PortugalHüttentee Germany

34. Crème de cassis

Cassis de Bourgogne FranceCassis de Dijon FranceCassis de Saintonge FranceCassis du Dauphiné FranceCassis de Beaufort Luxembourg

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40. Nocino

Nocino di Modena ItalyOrehovec Slovenia

Other spirit drinks

Pommeau de Bretagne FrancePommeau du Maine FrancePommeau de Normandie FranceSvensk Punsch / Swedish Punch Sweden

Pacharán navarro SpainPacharán SpainInländerrum AustriaBärwurz GermanyAguardiente de hierbas de Galicia SpainAperitivo Café de Alcoy SpainHerbero de la Sierra de Mariola SpainKönigsberger Bärenfang GermanyOstpreußischer Bärenfang GermanyRonmiel SpainRonmiel de Canarias Spain

Genièvre aux fruits / Vruchtenjenever / Jenever met vruchten / Fruchtgenever

Belgium, The Netherlands, France (Départements Nord (59) and Pas-de-Calais (62)), Germany (German Bundesländer Nordrhein-Westfalen and Niedersachsen)

Domači rum Slovenia

Irish Poteen / Irish Póitín Ireland

Trauktinė Lithuania

Trauktinė Palanga Lithuania

Trauktinė Dainava Lithuania

______________

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Statements

Commission and Council statement on labelling for sweetening

The Commission and Council agree on the need for the rules for labelling ingredients for spirit drinks as referred to in Directive 2000/13/EC to be adopted as soon as possible.

Commission statement regarding the level of permissible hydrocyanic acid and ethyl carbamate content in relation to the discussion on the proposal regarding spirit drinks

The Commission considers that the question regarding the permissible content of hydrocyanic acid and ethyl carbamate in spirit drinks is a matter of Public Health.

The Commission services will undertake an investigation of this matter as soon as possible with a view to coming forward with scientific data and possible proposals to reconsider the maximum content for hydrocyanic acid and establish a maximum content for ethyl carbamate in stone-fruit marc spirits and stone-fruit spirits.

________________

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P6_TA-PROV(2007)0260

Cat and dog fur ***I

European Parliament legislative resolution of 19 June 2007 on the proposal for a regulation of the European Parliament and of the Council banning the placing on the market and the import of or export from the Community of cat and dog fur and products containing such fur (COM(2006)0684 – C6-0428/2006 – 2006/0236(COD))

(Codecision procedure: first reading)


– having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0684)1,

– having regard to Article 251(2) and Articles 95 and 133 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0428/2006),

– having regard to Rule 51 of its Rules of Procedure,

– having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on International Trade and the Committee on Agriculture and Rural Development (A6-0157/2007),

1. Approves the Commission proposal as amended;

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

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


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P6_TC1-COD(2006)0236

Position of the European Parliament adopted at first reading on 19 June 2007 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council banning the placing on the market and the import of or export from the Community of cat and dog fur and products containing such fur*

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 95 and 133 thereof,

Having regard to the proposal from the Commission ▌,

Having regard to the opinion of the European Economic and Social Committee1,

Acting in accordance with the procedure laid down in Article 251 of the Treaty2,

Whereas:

(1) In the perception of the European citizens, cats and dogs are considered to be pet animals and therefore their fur or products containing such fur are not accepted. Evidence exists of the presence in the Community of non-labelled fur from cats and dogs and of products containing such fur. As a consequence, consumers have become concerned about the possibility that they could buy cat and dog fur and products containing such fur. On 18 December 20033, the European Parliament adopted a Declaration expressing its concerns about that trade and requesting that it be ended so as to restore the confidence of European consumers and retailers. During its meetings in November 2003 and in May 2005, the Agriculture and Fisheries Council also highlighted the need to adopt rules on trade in cat and dog fur as soon as possible ▐.

(2) It is appropriate to clarify that only fur of species of domestic cat and dog should be covered by this Regulation. However, as it is scientifically impossible to differentiate fur of domestic cat from fur of other non-domestic cat subspecies, the definition of 'felis silvestris' including also non-domestic cat subspecies should be laid down in this Regulation.

(3) In respond to consumer concern, several Member States have adopted legislation aiming at preventing the production and marketing of fur from cats and dogs.

* Bold and italics marks new or replacement text while deleted text is marked with the symbol ▌.

1 OJ C […],[…], p. […].2 Position of the European Parliament of 19.6.2007.3 OJ C 91 E, 15.4.2004, p. 695.

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(4) There are differences between Member States’ provisions governing the trade, import, production and labelling of fur and fur products with the aim of preventing cat and dog fur from being put on the market or otherwise used for commercial purposes. Whilst some Member States have adopted a total ban on the production of fur from cats and dogs by banning the rearing or the slaughter of such animals for fur production purposes, others have adopted restrictions to the production and or imports of fur and products containing such fur. In some Member States labelling requirements have been introduced. Citizens’ increasing awareness of the issue is likely to prompt more Member States to adopt further restrictive measures at national level.

(5) As a result, certain EU fur traders introduced a voluntary code of conduct to refrain from trading in cat and dog fur and products containing such fur. However, this has proved insufficient to prevent the importation and sale of cat and dog fur, particularly where fur traders deal in fur whose species of origin is not indicated and not easily recognizable or purchase products containing such fur and are confronted with the risk that the products in question cannot legitimately be traded in one or more of the Member States, or that trade in one or more Member States is subject to additional requirements aimed at preventing the use of cat and dog fur.

(6) The differences between national measures as regards cat and dog fur constitute barriers to the fur trade in general. Those measures impede the smooth operation of the internal market since the existence of diverse legal requirements hamper fur production in general and make it more difficult for fur legitimately imported to or produced in the Community to circulate freely within the Community. The diverse legal requirements in the different Member States lead to additional burdens and costs for fur traders.

(7) Moreover, the public is confused by the diversity of legal requirements in different Member States, which creates an impediment to trade.

(8) The measures provided for in this Regulation should therefore harmonize the rules across all Member States as regards banning the sale, offer for sale and distribution of cat and dog fur and ▌products containing such fur and thereby prevent disturbance of the internal market for all other similar products ▌.

(9) To eliminate the present fragmentation of the internal market ▌ there is a need for harmonisation where the most effective and proportionate instrument to counter the barriers to trade resulting from diverging national requirements would be a ban on the placing on the market in the Community and import and export of cat and dog fur and products containing such fur.

(10) A labelling requirement would not be suitable to achieve the same result since it would disproportionately burden the garment industry, including traders who specialise in faux fur, and would also be disproportionately costly in cases where fur represents only a tiny part of the product.

(11) There is no tradition of rearing cats and dogs for fur production purposes in the Community, although instances of manufacturing ▌cat and dog fur have been noted. It appears in fact that the vast majority of the cat and dog fur products present in the Community originate from third countries. Thus, in order to be more effective, the ban on intra-Community trade should be accompanied by a ban on imports of the same

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products into the Community. Such an import ban would also respond to the ▌ concerns expressed by consumers as to the possible introduction to the Community of fur from cats and dogs, especially since there are indications that those animals may be kept and slaughtered inhumanely.

(12) A ban on exports should also ensure that cat and dog fur and products containing such fur are not produced in the Community for export.

(13) However, it is appropriate to provide for the possibility of limited derogations from the general ban on the placing on the market, import to or export from the Community of fur of cats and dogs and products containing such fur ▌. Such is the case of cat and dog fur imported and placed on the market for educational or taxidermy purposes.

(14) Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 20021 lays down public and animal health rules for placing on the market, import and export of animal by-products, including cat and dog fur. It is therefore appropriate to clarify the scope of this Regulation, which should now sole apply to placing on the market, import or export of cat and dog fur at all stages of production, including raw fur. However, this Regulation should not affect the obligations under Regulation (EC) No 1774/2002 concerning the disposal of cat and dog fur for public health reasons.

(15) The measures to ban the use of cats and dogs for fur production should be enforced uniformly across the Community. However, the techniques currently used to identify cat and dog fur, such as DNA testing, microscopy and MALDI-TOF Mass Spectrometry, vary from one Member State to the other. It is appropriate for the information regarding such techniques to be made available to the Commission, so that enforcement bodies are kept abreast of innovation in this field and the possibility to prescribing a uniform technique can be assessed.

(16) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission2 ▌.

(17) In particular, power should be conferred on the Commission to establish analytical methods to identify the species of origin of fur and to adopt provisions which exceptionally derogate from the prohibitions provided for in Article 3. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, and to supplement this Regulation by the addition of new non-essential elements, they must be adopted in accordance with the Regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(18) Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive. In particular, Member States which seize consignments of cat and dog fur following the implementation of this Regulation

1 OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 2007/2006 (OJ L 379, 28.12.2006, p. 98).

2 OJ L 184, 17.7.1999, p. 23. Decision as amended by ▌Decision 2006/512/EC ▌ (OJ L 200, 22.7.2006, p. 11).

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should adopt laws enabling them to confiscate and destroy such consignments and to suspend or revoke the import/export licences granted to the traders concerned. Member States should be encouraged to apply criminal sanctions where this possibility exists under their national law.

(19) Since the objective of the measures to be taken, namely to prevent obstacles to the functioning of the internal market by harmonising at Community level national bans concerning the trade in cat and dog fur and products containing such fur cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

Article 1Objective

The purpose of this Regulation is to ban the placing on the market and the import to or export from the Community of cat and dog fur ▌and products containing such fur in order to prevent obstacles to the functioning of internal market and restoring consumers' confidence to buy fur products which do not contain cat and dog fur.

Article 2Definitions

For the purpose of this Regulation, the following definitions shall apply:

1. 'cat' shall mean an animal of the species felis silvestris;

2. 'dog' shall mean an animal of the subspecies canis lupus familiaris;

3. 'placing on the market' shall mean holding of cat and/or dog fur or a product containing such fur for the purpose of sale, including offering for sale, sale and distribution;

4. 'import' shall mean the release for free circulation within the meaning of Article 79 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code1, with exception of imports of a non-commercial nature within the meaning of Article 45 (2) (b) of Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty2;

5. 'export' shall mean export procedure allowing Community goods to leave the customs territory of the Community within the meaning of Article 161 of Regulation (EEC) No 2913/92.

1 OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

2 OJ L 105, 23.4.1983, p. 1. Regulation as last amended by the 2003 Act of Accession.

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Article 3Prohibitions

The placing on the market and the import to or export from the Community of fur of cats and dogs and products containing such fur shall be prohibited.

Article 4Derogations

By the way of exceptional derogation from Article 3, the Commission may adopt provisions to allow the placing on the market, import or export of fur of cats and dogs or products containing such fur for educational or taxidermy purposes including conditions under which such derogations shall be applied.

Those measures designed to amend non essential elements of this Regulation shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(2).

Article 5Methods for identifying the species of origin of fur

Member States shall inform the Commission of the analytical methods they use to identify the species of origin of fur by 31 December 2008 and subsequently every time when required in the view of new developments.

Analytical methods which shall be used to identify the species of origin of fur and which are designed to amend non-essential elements of this Regulation by supplementing it may be determined in accordance with the procedure referred to in Article 6(2) and included in the Annex to this Regulation.

▌

Article 6Committee

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health established by Article 58 (1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety1.

2. Where reference is made to this paragraph, Article 5a, paragraphs 1 to 4, and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

1 OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

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▌

Article 7Reports

Member States shall report to the Commission on their efforts to enforce this regulation.

The Commission shall report to the European Parliament and the Council on the implementation of this Regulation including customs activities no later than ...*.

Commission's report shall be made available to the public.

Article 8Penalties

The Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by 31 December 2008 at the latest, and shall notify it without delay of any subsequent amendment affecting them.

Article 9Entry into force and applicability

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

It shall apply from 31 December 2008.

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

Done at ▌,

For the European Parliament For the CouncilThe President The President

* Two years after the date of the application of this Regulation.

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P6_TA-PROV(2007)0261

Broadband

European Parliament resolution of 19 June 2007 on building a European policy on broadband (2006/2273(INI))


– having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘Bridging the Broadband Gap’ (COM(2006)0129),

– having regard to the Digital Divide Forum Report of 15 July 2005 on broadband access and public support in under-served areas,

– having regard to the Communication from the Commission to the Spring European Council entitled ‘Implementing the Renewed Lisbon Strategy for Growth and Jobs: A year of delivery’ (COM(2006)0816),

– having regard to the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions entitled ‘Connecting Europe at high speed: recent developments in the sector of electronic communications’ (COM(2004)0061),

– having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the Review of the EU regulatory framework for electronic communications networks and services (COM(2006)0334),

– having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)1,

– having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘i2010 – A European Information Society for growth and employment’ (COM(2005)0229),

– having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘i2010 – First Annual Report on the European Information Society’ (COM(2006)0215),

– having regard to Decision No 854/2005/EC of the European Parliament and of the Council of 11 May 2005 establishing a multiannual Community Programme on promoting safer use of the Internet and new online technologies2,

1 OJ L 108, 24.4.2002, p. 33.2 OJ L 149, 11.6.2005, p. 1.

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– having regard to the Commission Staff Working Paper entitled ‘Guidelines on criteria and modalities of implementation of structural funds in support of electronics communications’ (SEC(2003)0895),

– having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘A market-based approach to spectrum management in the European Union’ (COM(2005)0400),

– having regard to the judgment of the Court of First Instance of 30 January 2007 in Case T-340/03 France Télécom SA v Commission dismissing in its entirety the appeal by France Télécom SA in respect of the Commission's 2003 decision concerning predatory pricing in ADSL-based Internet access services for the general public,

– having regard to the Communication from the Commission to the Council and the European Parliament entitled ‘A forward-looking radio spectrum policy for the European Union: Second annual report’ (COM(2005)0411),

– having regard to its resolutions of 14 March 2006 on a European Information Society for growth and employment1, of 1 December 2005 on European electronic communications regulation and markets 20042, and of 23 June 2005 on the information society3,


– having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection, the Committee on Regional Development and the Committee on Legal Affairs (A6-0193/2007),

A. whereas the development of Internet and broadband has transformed the global economy, integrated regions and countries with each other, created a dynamic paradigm where individual citizens wherever they live have opportunities never seen before regarding information, communication, influence, participation, consumption, professional life and entrepreneurship,

B. whereas broadband will serve to strengthen integration and cohesion within the EU,

C. whereas the Community strategic guidelines on cohesion, 2007-2013 make a priority of "ensuring availability of ICT infrastructure and related services where the market fails to provide it at an affordable cost and to an adequate level to support the required services, especially in remote and rural areas and in new Member States",

D. whereas the value of the Internet and broadband increases exponentially with every new user, something which is essential if Europe is to become a leading knowledge-based society; whereas spectrum reallocation offers the possibility of bringing poorly-covered areas into the digital society,

E. whereas the 500 million citizens that play a part in the EU's internal market represent a

1 OJ C 291 E, 30.11.2006, p. 133.2 OJ C 285 E, 22.11.2006, p. 143.3 OJ C 133 E, 8.6.2006, p. 140.

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globally unique critical mass, which is required for the development of new innovative services, the corollary of which is an increase in opportunities all over the Union; whereas this highlights the common European benefit to be derived from everyone having access to broadband,

F. whereas in its abovementioned judgment in France Télécom SA v Commission the Court of First Instance held that the fast-growing nature of the broadband sector did not preclude the application of competition rules,

G. whereas the number of broadband lines has almost doubled and the number of broadband subscribers has almost quadrupled in the past three years; whereas these developments have been market driven and are enhanced by competition, thereby proving the importance of not distorting the market,

H. whereas Member States experiencing higher competition in the broadband market as well as competition between different technologies show a higher degree of broadband coverage and penetration,

I. whereas online services such as e-government, e-health, e-learning and e-procurement can only become truly inclusive and strengthen cohesion if they are made widely available to Union citizens and to the business community by means of broadband connections,

J. whereas broadband Internet connections may contribute to a more sophisticated, inclusive health-care system using distance-diagnosis and distance healing in less developed regions,

K. whereas broadband Internet connections may contribute to a more sophisticated, inclusive education system providing distance-learning applications in regions without satisfactory school infrastructure,

L. whereas the lowest-speed broadband connections are no longer sufficient for functional use of the more demanding Internet services and video content,

M. whereas the rapid development of Internet services and content is creating a need for high-speed broadband connections,

N. whereas the extent of broadband deployment has not been the same in all Member States and regions of the EU; whereas the availability thereof in inaccessible (island and mountain) and rural areas remains limited because of the high cost of broadband networks and services; whereas the low level of demand outside EU metropolitan centres means lower investment and could discourage broadband service providers, given the lack of business opportunity,

O. whereas a substantial disparity remains in terms of broadband deployment between urban centres and remote areas, and between the old and new Member States; whereas this highlights the need for technological development, for new operators to be given better opportunities to enter the market and for clear strategies on how to increase the speed of innovation, thus making it easier for rural areas and countries lagging behind to catch up,

P. whereas, in order to improve access for socially disadvantaged groups, training and

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support measures should be provided such as will ensure equal opportunities,

Q. whereas functional-capacity broadband access is important for all Community users irrespective of where they are physically located,

R. whereas the correct and timely implementation of the current framework is an essential precondition of an open, competitive and innovative market for electronic communication services; whereas the procedures for transposing and implementing the framework vary greatly among the Member States, fragmenting the single communications market,

S. whereas every school should have broadband connections, with a view to a future in which no child in the EU is left off line,

T. whereas, through the digital switchover and the transition from analogue to digital, several hundred megahertz of spectrum will be released, offering the possibility of reallocating spectrum and opening up a spectrum commons,

The potential of broadband

1. Stresses the opportunities that an internal market with nearly 500 million people connected to broadband would bring about, representing a globally unique critical mass of users exposing all regions to new opportunities, giving every user a valuable service and giving the EU the capacity to be a world leading knowledge-based economy;

2. Considers that general access to broadband is an essential prerequisite for social development and improved public services and that public authorities should make every effort to ensure that all citizens have access to broadband, thereby enabling its benefits to extend to every section of the population, particularly in the less-developed areas of the Union;

3. Sees the deployment of broadband networks offering reliable transmission at competitive bandwidth as crucial for business growth, societal development and the enhancement of public services;

4. Emphasises that the magnitude of broadband development cannot be foreseen or planned, but that it can be stimulated and supported by a creative and open environment;

5. Emphasises that broader deployment of broadband would revitalise the internal market in general;

Connecting Europe

6. Stresses that broadband deployment in rural areas is a key factor in the participation of all in the knowledge society; points out, in addition, that broadband services are equally decisive for the economic development of the regions and should therefore be deployed as widely as possible;

7. Calls on the Member States to promote broadband connections in every school, university and educational centre in the EU and the introduction of distance learning, with a view to a future where no child in the EU and no individual involved in educational programmes is left off line;

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8. Notes that in bridging the digital divide, a basic structure, such as the availability of computers in households and in public institutions, must be promoted;

9. Encourages the Member States to produce broadband infrastructure mapping in order to more accurately indicate the coverage of broadband service;

The key role of innovation

10. Takes the view that the key to closing the broadband gap is innovative technology, that is technology which makes it possible to construct high-capacity broadband connections, and points to the fact that new technology has allowed disadvantaged regions to leapfrog many phases of development;

11. Points out that developing the competitive advantages and solving the serious problems of rural, sparsely-populated and inaccessible (island, mountain and other) areas depends on innovative uses of information and communication technologies (ICTs);

12. Emphasises that new technology is by nature more far-reaching and inclusive, thereby making more advanced services possible; stresses also that broadband services will help regions, in particular the least-developed regions, to attract businesses, facilitate distance working, offer new medical diagnostic and care services, and achieve improved educational standards and public services;

13. Considers that new technology offers interesting and cheaper solutions for remote, inaccessible and rural areas, as wireless links and mobile and satellite communications may deliver broadband to areas traditionally excluded by fixed-line networks; notes that these new technologies must be taken into account when radio spectrum is allocated;

14. Stresses that the development of innovative technologies is to be encouraged at all levels, and that a serious effort is needed to promote access to the market and to maintain fair competition therein;

15. Considers it important to mobilise ICT research and ICT partnerships between universities, local authorities and business;

16. Encourages the Commission to consider broadband and especially mobile broadband solutions as important within the working programmes of the Competitiveness and Innovation Framework Programme (CIP) and the Seventh Framework Programme for research, technological development and demonstration activities (FP7);

17. Urges the Commission to actively seek substantial synergies between its own sectoral programmes, such as FP7 and the CIP, including also better coordination with international programmes and the funding provided through the structural and rural development funds for the development of broadband;

18. Stresses that broadband connection, given the spectacularly rapid development of the new media, offers the only technically reliable access to media products such as Internet TV and Internet telephony, and will thus prevent people in rural areas from being cut off from society in the cities where broadband is available;

19. Recognises that some people have access only to low speed, low capacity broadband;

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believes that these connections should not be regarded as an adequate substitute for newer high speed connections; insists that no geographic area or socioeconomic group should be denied investment in new, faster technology simply because it already has access to a lower quality connection;

20. Notes that new wireless platforms are well suited to ensuring broadband access in rural areas; underlines the importance of technology-neutrality in spectrum allocation; recalls that the Commission has envisaged a more active spectrum policy, which it supported in its resolution of 14 February 2007 ‘Towards a European policy on the radio spectrum’1;

21. Calls on the Community institutions and Member States to cooperate more closely in the management of radio spectrum with a view to facilitating the use of spectrum by a wide range of wireless and mobile technologies (terrestrial and satellite);

22. Urges the Member States to allocate sufficient spectrum to broadband technologies;

The impact of content

23. Emphasises that digital literacy is an indispensable basis for the exploitation of the opportunities broadband offers and points to the responsibility in this regard of public education; emphasises also the need to improve access to ICTs for as many Union citizens as possible and to improve their ICT skills;

24. Calls for consumer-oriented measures in the field of further education and the mobilisation of technical resources in the information technology sector; advocates financial and tax incentives for such measures;

25. Takes the view that investment in e-health, e-government and e-learning applications can play an important role in driving consumer demand for broadband, and thus create the critical mass necessary for large markets to emerge in these areas;

26. Believes that the promotion by public authorities in cooperation with business of broadband-enhanced applications and services can contribute to the efficient delivery of government services and, at the same time, provide incentives for the procurement of broadband access, which will help to stimulate supply;

27. Highlights the scope for public authorities to exploit pre-commercial procurement to stimulate innovative service delivery across broadband networks; notes that they can also co-ordinate demand across communities and service providers to ensure the critical mass needed to underpin new network investments; encourages the Commission to promote awareness and use of these tools;

28. Calls on the Commission and the Member States to give preference to broadband Internet solutions and technologies in the computerisation of government departments, the education sector and small and medium-size enterprises (such as application service providers and terminal servers);

29. States that a core set of European e-services can serve to further integration and to strengthen cohesion as well as create a single electronic market via the use of broadband; calls for this area to be made a special priority for the use of structural and rural funds;

1 Texts Adopted, P6_TA(2007)0041.

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furthermore, emphasises the role that such development funds play in supporting regions in this regard;

30. Calls on the Community institutions and Member States to deliver on the 2003 Barcelona European Council objective of ensuring that Union citizens are offered relevant public broadband services;

31. Believes that it is extremely important for people to be ensured the widest possible access to high-quality content and services wherever they are using the technology of their choice and emphasises the need for access networks and for transmission networks open to different operators;

32. Calls on the Community institutions and the Member States to promote the availability of content on line, notably by addressing its appropriate protection in a digital environment;

The dynamics of the market

33. Asserts that the rapid deployment of broadband is crucial for the development of EU productivity and competitivity and for the emergence of new and small enterprises that can be leaders in different sectors, for example health care, manufacturing and financial services;

34. Takes the view that private investment is essential for wider broadband deployment and universal coverage; stresses that private investors should be given the opportunity of refinancing their investments if the competitive dynamic is to be further stimulated and if better services and more innovation and choice are to be delivered to consumers;

35. Stresses the importance of industry-driven, open, interoperable standards at technical, legal and semantic level so as to enable economies of scale, ensure non-discriminatory open access to the information society and promote the fast deployment of technologies;

36. Urges the Community institutions and Member States to work with industry and address problems (such as micro-payments, security and trust, interoperability and digital rights management) that hamper the development of new business models in the field of broadband;

An encouraging and clear framework

37. Emphasises that the role of the Community institutions and the Member States is to create a supportive environment for the development of innovation and for the introduction of new technologies by providing a regulatory framework that invites competition and private investment and to use relevant funds to drive demand for broadband services and, where justified, to support the necessary infrastructure;

38. Notes that public authorities have an important role to play in stimulating broadband network roll-out, and that they should consider measures to encourage demand, and investment in fixed infrastructure; calls for a clear framework for infrastructure investment that should not distort markets nor be operated on terms that are unfair to private enterprises; commends the Commission for having clarified the State aid rules on participation by public authorities in broadband development programmes;

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39. Emphasises that the main role of the Member States in promoting broadband is to create an environment in which there is legal certainty, which encourages competition and which stimulates investment and that, in order to achieve this, the Community regulatory framework for electronic communications must be effectively implemented; reiterates the importance of ensuring competitive market conditions and the need for all Member States to transpose and implement the regulatory framework for electronic communications and to ensure that they have effective, independent and properly resourced regulators;

Competition rules and consumer protection

40. Highlights the key role played by the market in the expansion and development of innovative services; stresses, however, that it is imperative that national regulators, competition authorities and national and local governments simultaneously give priority to promoting more vigorous competition and investment in broadband markets as well as to applying remedies to address abuses of dominant positions and cartels, and finally to reducing barriers to entry, so that the market is able to deliver innovation;

41. Notes the growing competition in the European broadband market; recalls that the sectoral regulation of the ICT industry was planned from the outset as a transitional solution for the opening up of the markets, and that it must in the medium term come to be governed by the general rules of competition alone;

42. Emphasises that the forthcoming review of the regulatory framework must be aimed at ensuring open access and fair competition for all operators;

43. Takes the view that, with a view to achieving more rapid broadband deployment in rural areas, no restrictions should be imposed on the joint use of networks on a voluntary basis by infrastructure managers; stresses that such agreements between infrastructure managers are an effective means of achieving wider broadband deployment in regions lacking the necessary broadband transmission infrastructures and where future demand would not sustain several networks;

44. Emphasises the need to construct broadband infrastructure at local community level in accordance with the public-private partnership principle and taking account of equal access;

45. Stresses that competition and effective and appropriate rules for opening up the broadband market provide the greatest stimulus for broadband deployment, meaning roll-out, speed and variety of services;

46. Emphasises the need for technological neutrality combined with the avoidance of fragmentation and consideration of technological trends and user needs, something which will challenge European regulators to open up new solutions and yet create stable preconditions at the same time;

47. Emphasises that the functional unbundling of the access networks of market incumbents from their operating activities may have positive advantages and could ensure the equal and fair treatment of all operators;

48. Calls on the Commission, in its forthcoming green paper on universal service, to examine

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the availability of Internet services at reasonable and affordable rates to all citizens throughout the EU, including those on a low incomes and those living in rural and high-cost areas, and to consider whether there is a need to modify the existing universal service requirements; also expects the green paper to address consumer concerns regarding secure and safe broadband use;

Public funding where needed

49. Stresses that public funding should only be used where the roll-out of broadband infrastructure is not economically viable for private undertakings and should not serve to duplicate existing infrastructure capable of providing broadband services;

50. Emphasises that national and Community public funding should be competitively neutral and contribute to commercially sustainable investment; stresses that public procurement contracts should be awarded by open, transparent, competitive and non-discriminatory tendering;

51. Stresses that publicly funded infrastructure should be provided on an equal access basis, and should not favour particular service providers;

52. Takes the view that, in addition to market forces, Member States and in particular their regions and municipalities, could set incentives to stimulate the broadband market in disadvantaged regions; emphasises the role that structural and rural development funds should play in supporting regions strengthening the demand side of the information society;

53. States that publicly funded investment in broadband infrastructure must be possible within the framework of Community competition rules;

54. Urges the Commission to ensure that equal access to broadband networks financed with support from the structural and rural funds is given to all service providers; believes furthermore that, in order to ensure compliance with the requirements, national regulatory authorities should be granted the power to impose openness requirements in regulations and be given a mandate to enforce those requirements;

55. Emphasises the importance of combining regional development with a European broadband policy, including the use of regional and rural funds, for the development of mobile broadband solutions or the setting up of the necessary infrastructure;

56. Calls on the Commission to further develop and review guidelines on how to use structural and rural funds to promote broadband deployment and uptake and, in particular, to provide more precise guidance regarding the utilisation of structural funds for the deployment of broadband services where a partial supply of such services already exists;

57. Calls on the Commission to provide guidance and disseminate good practice on the observance of State aid rules regarding public financial support given to broadband projects;

58. Calls on the Commission to allow Community funds also to be used for upgrading or replacing broadband networks which do not provide connections with suitable functional capacity;

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59. Urges the Commission to provide adequate information and statistics and to assess the impact of structural and rural funding on broadband deployment in assisted regions and promote the exchange of best practices between the regions of the EU;

60. Encourages the Commission to closely examine whether the regulatory framework is fully implemented and whether the rules on State aid are applied whenever structural and rural funds are to be used for broadband investments and to ensure that Community funding is used to improve the penetration rate of ICTs throughout the Union, without favouring specific players or technological options, but only the most efficient solutions; notes further that such use of Community funds should be permitted only in under-served areas and where it is clear that there are no other sources of investment in broadband infrastructure; stresses that all decisions should be transparent and published on national and European websites linked to the competition authorities;

61. Considers that public intervention in the forms of loans and grants, often implemented through public-private partnerships, should be further developed in under-served areas;

62. Once again insists that public support to broadband infrastructure must adhere to the principle of ‘technology neutrality’, not favouring a priori any particular technology, nor limiting the technological choices of the regions while at the same time preventing fragmentation of the technical infrastructure, taking into account development trends and the future needs of users and promoting the construction of higher-capacity broadband connections;

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

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P6_TA-PROV(2007)0262

EU economic and trade relations with Russia

European Parliament resolution of 19 June 2007 on EU economic and trade relations with Russia (2006/2237(INI))


– having regard to the Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part1 (PCA), which entered into force on 1 December 1997 and expires in 2007,

– having regard to the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union2,

– having regard to the Protocol to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union3,

– having regard to the objective of the EU and Russia, set out in the joint statement issued following the St Petersburg Summit held on 31 May 2003, to set up a common economic space, a common space of freedom, security and justice, a space of cooperation in the field of external security and a space of research and education, including cultural aspects,

– having regard to the subsequently issued Road Map for the Common Economic Space (CES) which was adopted at the EU-Russia Summit, held in Moscow on 10 May 2005,

– having regard to the Agreement between the EU and Russia concluding the bilateral market access negotiations for the accession of the Russian Federation to the World Trade Organization (WTO), signed on 21 May 2004,

– having regard to the Communication from the Commission to the European Council and the European Parliament of 10 January 2007 entitled "An Energy Policy for Europe" (COM(2007)0001),

– having regard to the Proposal for a Decision of the Council and the representatives of the governments of the Member States of the European Union, meeting within the Council on the conclusion of the Agreement in the form of An Exchange of Letters on "Agreed Principles of the Modernisation of the existing system of utilisation of the Transsiberian

1 OJ L 327, 28.11.1997, p. 1.2 OJ L 185, 6.7.2006, p. 17.3 OJ L 119, 9.5.2007, p.32.

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routes" between the European Community and its Member States, on the one hand, and the Russian Federation, on the other hand (COM(2007)0055),

– having regard to the European Energy Charter signed on 17 December 1991 and the subsequent Energy Charter Treaty which was signed on 17 December 19941 and which entered into force in April 1998,

– having regard to the Statute of the Council of Europe, signed in London on 5 May 1949,

– having regard to the Presidency Conclusions of the Brussels European Council, held on 15 and 16 June 20062,

– having regard to the outcome of the 18th EU-Russia Summit, held in Helsinki on 24 November 2006,

– having regard to the Presidency Conclusions of the Brussels European Council, held on 8 and 9 March 2007,

– having regard to the Memorandum of Understanding (MoU) between the European Investment Bank (EIB), the European Bank of Reconstruction and Development (EBRD) and the Commission, signed on 15 December 2006,

– having regard to the EU-Russia Industrialists' Round Table endorsed at the EU-Russia Summit in July 1997,

– having regard to the EU-Russia Energy Dialogue instituted at the 6th EU-Russia Summit, held in Paris on 30 October 2000,

– having regard to the EU-Russia Summit, held on 18 May 2007 in Samara, Russia,

– having regard to its resolution of 16 November 2006 on a Baltic Sea Strategy for the Northern Dimension3,

– having regard to its resolution of 23 March 2006 on security of energy supply in the European Union4,


– having regard to the report of the Committee on International Trade and the opinions of the Committee on Foreign Affairs and the Committee on Economic and Monetary Affairs (A6-0206/2007),

A. whereas the Russian Federation is a Member of the Council of Europe and thus has committed itself to the objectives of the Council, which are, in particular, to promote democracy and respect for human rights, and to consolidate democratic stability in Europe by backing political, legal and constitutional reform at national, regional and local levels,

1 OJ L 69, 9.3.1998, p. 26.2 10633/1/06 REV1.3 Texts Adopted, P6_TA(2006)0494.4 OJ C 292 E, 1.12.2006, p. 112.

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B. whereas the underlying principles governing economic and trade relations between the EU and the Russian Federation should be reciprocity, sustainability, transparency, predictability, reliability, non-discrimination and good governance,

C. whereas Russia has signed, but not yet ratified, the Energy Charter Treaty which provides a comprehensive international legal framework in the fields of trade, investment protection, transit, energy efficiency and conflict resolution in the energy sector,

D. whereas, within the European Union, the Member States must develop a uniform and coherent joint position on EU economic and trade relations with Russia in view of the commencement of negotiations on a new PCA,

E. whereas EU-Russia relations have enormous economic potential and both parties would benefit from increased economic integration and good neighbourly relations; whereas cooperation between the EU and Russia is crucial to ensuring stability in all areas of mutual and overlapping interest,

F. whereas total trade between the EU and Russia amounted to more than EUR 166 billion in 2005, with Russia's trade surplus representing about 8% of its GDP, i.e. approximately EUR 50 billion; whereas Russia is the EU's third most important trading partner, accounting for 7.3% of the EU's trade, and the EU is Russia's most important trading partner with a 52.9% share of Russia's trade,

G. whereas total Foreign Direct Investment (FDI) in Russia in 2006 is estimated at USD 31 billion compared to USD 14.6 billion in 2005; whereas the EU's FDI in Russia has more than doubled from EUR 2,5 billion in 2002 to EUR 6,4 billion in 2004, making it the most important foreign investor in Russia,

H. whereas foreign firms in specific areas such as wholesale and retail trade, which in 2005 accounted for 38.2% of total FDI in Russia, have seen a growth in revenue generated by the boom in domestic consumption in Russia,

I. whereas the 1990s were marked by hyperinflation and a 75% devaluation of the rouble in August 1998, which nearly bankrupted the Russian Federation,

J. whereas, since February 2005, the Russian monetary authorities have pegged the rouble to a basket of currencies in which the euro has a growing share (40% in mid-2006, likely to become 52% by the end of 2007) and currently have more than 100 billion of reserves in euro,

K. whereas Russia’s economic recovery has enabled it not only to pay all its debts to the International Monetary Fund (IMF) and the Paris Club, but also to establish a reserve fund which has accumulated over USD 100 billion since 2004,

L. whereas foreign investment in the field of energy has fallen from 85% of total investment in 1996 to a mere 60% of total investment,

M. whereas energy production and transit, in the Black Sea Region, are of strategic importance as regards the supply of energy to the EU, and whereas energy is a field in which there is significant cooperation within the Organisation of the Black Sea Economic Cooperation (BSEC), of which Russia is a founding member,

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N. whereas the EU imports, on average, approximately 28% of the energy it needs from the Russian Federation, with some countries importing up to 100% of their gas from Russia, and whereas energy-related trade makes up about 65% of EU imports from Russia,

O. whereas the EU is the strongest filing region for Intellectual Property Rights (IPRs) in Russia with 37% of patent applications and 41% of trademarks,

P. whereas the Russian Federation, having already concluded a WTO bilateral Market Access Agreement with the United States, signed on 19 November 2006, has yet to conclude final agreements with Vietnam, Cambodia and Georgia and bring multilateral negotiations to a close in order to meet all the necessary preconditions of WTO accession,

Q. whereas the Russian Federation must complete the multilateral WTO accession negotiations,

R. whereas the agreement between the EC and Russia on the modernisation of the existing system of utilisation of the Transsiberian routes has solved the issue of Siberian overflight payments, as requested by the Russian Federation from EU carriers, for flights over Russian territory; whereas the agreement will strengthen cooperation in the field of transport within the framework of the EU-Russia CES,

General remarks

1. Recalls the common membership of Russia and the EU Member States in the Council of Europe; supports the development of political pluralism in Russia and considers that the human rights situation in Russia should be an integral part of the EU-Russia political agenda;

2. Stresses that EU-Russia relations are at a critical stage; therefore, calls for constructive and results-oriented engagement between both Russia and EU, but not at any cost; points out that the European Union shares with Russia not only economic and trade interests and a commitment to democracy, human rights and the rule of law, but also an objective to act in the international arena and in the common neighbourhood; regrets, however, that the EU and Russia have not succeeded in overcoming the lack of trust between them;

3. Considers that the common membership of Russia and the EU Member States in the Council of Europe underpins their shared values and their commitment to its aims, as laid down in its statute and conventions: to extend and protect human rights, promote democracy and uphold the rule of law in the whole of Europe; encourages both the Member States and Russia to actively participate in the Council of Europe as it is a platform for the practical realisation of those aims; notes the high number of cases brought against Russia before the European Court of Human Rights; emphasises the latter’s role in enforcing the obligations of the Council of Europe's Member States;

4. Notes that the Russian Federation has created a generally positive macroeconomic environment which has contributed to impressive economic growth following the crisis in 1998; recalls that this growth can be mainly attributed to the high rise in world energy prices;

5. Acknowledges the economic and other related political reforms, namely in the tax system,

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the system of fiscal federalism, public administration and regulation of the financial system that have been implemented in Russia during recent years; is nonetheless convinced that further structural reforms, namely in health care, education, the gas sector, the banking system and more generally in the area of the enforcement of the rule of law, are necessary, and calls on the Russian Federation to pursue its reforms, which will be beneficial both to Russians and to Europeans alike and will make it possible to enhance the Russian Federation's attractiveness in the eyes of international and, in particular, European investors, thus having a considerable impact on economic growth while at the same time allowing the Russian Federation to benefit from foreign know-how; stresses that any further legislative reform must be carried out in accordance with international standards;

6. Is of the opinion that efficient and extensive economic cooperation between Russia and the EU must be based on high standards of democracy and free market principles, and calls on Russia to continue with market reforms, to refrain from politicising the economy and to respect the independence of public and private institutions;

7. Reiterates the importance of the sound and effective application of laws and rules; is concerned about the lack of predictability in the application of rules by authorities, including the courts, and the failure to enforce rulings; calls on the Russian authorities to take all the necessary measures to remedy this situation;

8. Calls on Russia to combat corruption more actively, and to focus particularly on combating the underlying causes of this phenomenon;

9. Is convinced that, where appropriate, harmonised and compatible standards, regulations and conformity assessment procedures should be developed;

10. Encourages the Russian Federation to ensure that the International Labour Organisation's conventions are complied with and to take all the measures necessary to combat social dumping effectively; encourages the Russian Federation to do the same as regards compliance with the Kyoto Protocol in order to combat all kinds of environmental dumping;

11. Welcomes the agreement signed in Sochi, during the EU-Russia summit, on 25 May 2006, simplifying the procurement of visas for Russian and EU nationals and increasing the flexibility of the multiple entry procedures for certain professionals, such as business people, thus helping to facilitate contacts and improve commercial relations;

12. Stresses that increased economic contacts will necessitate more ambitious visa facilitation also covering ordinary bona fide travellers not belonging to any pre-set categories, and liberalisation in the long term;

Regulatory framework - framework for cooperation

13. Emphasises the importance, also to the EU, of Russia's accession to the WTO and its implications for trade liberalisation as well as for its commitment to adhere to its rules, and is convinced that WTO membership will send an important signal to foreign and Russian investors, drive economic growth in Russia and enhance trade exchanges with the EU; urges the Russian Federation to not only work towards concluding the outstanding WTO bilateral Market Access Agreements, but also to fulfil and implement its

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commitments pursuant to the agreements it has already signed, such as the agreement with the EC;

14. Calls on the Russian Federation, in the context of its forthcoming accession to the WTO, to resolve the problem of tariffs on timber exports to the Scandinavian countries, remove the current disparity between Russia's domestic tariffs and world market prices, and also to settle the issues relating to rail fares fixed according to destination, particularly those to the Baltic countries, which have been ruled to be discriminatory;

15. Believes that WTO accession should lead to deeper economic integration between the EU and Russia, within the framework of the CES; calls on the Commission to consider the negotiation of a possible Free Trade Agreement (FTA) following Russia's accession to the WTO;

16. Stresses the need for constructive dialogue between the EU and Russia and reiterates the importance of setting up the CES and further developing the objectives agreed upon in the Road Map for the CES, especially as regards the creation of an open and integrated market between the EU and Russia;

17. Believes that progress on implementing the Road Map should continue alongside negotiations on the new PCA; urges the Commission and the Member States to concentrate their efforts on starting negotiations on the new PCA; requests that it be promptly and formally informed of any progress made in this regard;

18. Believes that the EU should, if the negotiations with Russia on a new PCA fail to produce tangible results, consider an alternative approach based on reinvigorating the ongoing work on the agreed roadmaps in the four common spaces, and on elaborating a joint approach for political cooperation;

19. Emphasises that progress in the common space of freedom, security and justice, the space of co-operation in the field of external security and the space of education, research and technological development, including inter-cultural dialogue and cooperation, would have a significant socio-economic impact and reduce the risk of interstate conflict; stresses the need for the Russian government to increase its efforts in that field;

20. Stresses the need for the Russian Federation to perfect its policy as regards the protection of foreign investment in accordance with internationally recognised OECD standards, which would permit the European Union to conduct negotiations on the conclusion of agreements on the protection and promotion of investment;

Trade, market access and investment

21. Stresses the importance of improving the investment climate in Russia; believes that this can only be achieved by promoting and facilitating non-discriminatory, transparent and predictable business conditions rooted in strong democratic values; in addition, stresses that debureaucratisation and the promotion of two-way investments are needed;

22. Takes note of the bill recently introduced in the Russian Federation, which allows the government to reject foreign bids for majority stakes in Russian companies, thus prohibiting foreign ownership of more than 49% in companies active in 39 strategic industries; questions the bill itself as well as the choice and the growing number of

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industries that have been classified as strategic and essential to national security; considers that this does not represent a move towards improving the investment climate and that this raises fundamental questions regarding the role of the State in a market economy and competition in key sectors of the economy;

23. Stresses that the establishment and operation of companies should be facilitated on a reciprocal basis; notes that the EU is open to investment from Russia, as is indicated by the rise in Russian businesses present in the EU, notably in the energy and steel sectors; calls, therefore, for foreign companies operating in the natural resource sectors in Russia to be granted the same degree of access;

24. Notes that, in Russia, state trading continues to be successful in certain areas of the economy;

25. Takes note of the introduction of so-called Special Economic Zones, which offer special incentives for investment, including in production capacities, a development which could prove advantageous for European businesses; encourages the Russian Federation to guarantee decent working conditions and respect for the trade union rights of workers in these zones; calls for strict observance and independent monitoring of human rights, and social and environmental standards in those Special Economic Zones;

26. Acknowledges the progress that has been made regarding the levying of customs duties; urges the Russian Government to further streamline, standardise and automate its customs procedures and to levy customs duties in a predictable and non-arbitrary manner and without delaying the movement of goods;

27. Stresses that Russia’s accession to the WTO must not result in higher levels of import duties and stronger protectionism compared to the years preceding accession;

28. Notes that the Commission has applied anti-dumping measures in relation to Russian exports of ammonium nitrate, potassium chloride, a number of steel products, silicon and urea products; urges Russian companies to export to the EU under fair trade conditions and to provide Community investigators examining cases of dumping with the necessary information in order to allow EU enforcement authorities to quickly terminate anti-dumping measures that have been applied;

29. Takes note of Russian anti-dumping duties imposed on exports from the EU, especially on steel products; considers that those conflicts should be settled as a matter of priority;

30. Notes, with regret, that Russia is exploiting commercial policy instruments for foreign policy ends in a manner incompatible with WTO rules;

31. Draws attention to the unjustified ban on meat imports from Poland, which has now been in place for two years, and recommends that this problem, the existence of which is incompatible with WTO rules, be resolved as soon as possible;

Intellectual property rights

32. Stresses the need for improvements in legislation and law enforcement to be made as regards the protection of intellectual, industrial and commercial property rights, in order to increase competitiveness and make the investment climate more attractive by

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approximating regulatory systems with the highest international standards and norms; urges the Russian authorities, ahead of its forthcoming membership of the WTO, to align Part IV of its Civil Code on Intellectual Property Rights with WTO rules and international agreements, particularly the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS), and to ensure full implementation, so that counterfeiting and piracy can be effectively combated;

33. Emphasises the need to adapt the current court system in order to effectively protect IPRs and ensure more speedy prosecutions; notes the rise in cases in which European businesses have been successful, but is deeply concerned about the lack of enforcement of rulings;

34. Is deeply concerned about the problem relating specifically to the production and sale of counterfeit products, in particular pharmaceutical products, as this not only undermines legitimate producers, but also presents a danger to public health;

35. Encourages the Russian authorities to take all necessary and effective measures to uncover the sources of illegal activity and to render production plants or internet-based operators inoperable; notes that, as regards production plants, those measures should include repeated and unannounced inspections of known plants with the cooperation of rights holders, and strengthening the licensing regime as regards optical media plants; stresses that, for internet-based operators, those measures should cover the enactment of legislative amendments which provide that collecting societies may only act on behalf of rights holders that explicitly authorise such action and the enactment of provisions to implement the Copyright Treaty (WCT) and the Performances and Phonograms Treaty (WPPT) adopted by the World Intellectual Property Organization (WIPO) in 1996;

Energy

36. Reiterates the need for a coherent European energy policy; stresses that bilateral agreements between EU Member States and Russia should, if absolutely necessary, help in the pursuit of the EU’s overall energy security interests and in the pursuit of a common energy policy between the EU and Russia;

37. Emphasises, however, that the primary objective of EU energy policy cannot simply be to avoid continued energy dependence on Russia;

38. Urges both the EU and Russia to cooperate more closely with one another and with all the social partners within the framework of the EU-Russia energy dialogue, with particular emphasis being placed on addressing issues relating to the sustainability and continued reliability of the production, transportation and use of energy, energy efficiency and security of supply; urges the EU, in close cooperation with the Russian Federation, to promote investment in renewables and to encourage the sharing of technology and regulatory convergence with a view to establishing a sustainable relationship benefiting both parties; also calls on the Russian Federation to offer fair and non-discriminatory treatment to all its partners, to facilitate access to the Russian market by European investors and to give due consideration to environmental protection;

39. Supports the German Presidency in its aim to ensure a secure supply of energy and reduce energy dependency by means of cooperation and further dialogue on energy with Russia, thus putting the energy partnership policy on a solid and reliable footing, as well as by

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aiming to diversify sources of energy by introducing binding targets for energy efficiency and for the use of renewable and alternative energies; notes that the development of such a strategy is of common interest to the EU and Russia and that it is hazardous for the EU to become too dependent on natural gas;

40. Welcomes the ratification of the Kyoto Protocol by the Russian Federation in October 2004; calls on the EU and the Russian Federation to cooperate closely with a view to promoting technical innovation and improving efficiency in the energy sector, and to consider jointly future strategies to achieve reductions in greenhouse gas emissions for the period following the expiry of the Protocol in 2012;

41. Welcomes the signing of an agreement between Russia, Greece, and Bulgaria on the construction of the Burgas-Alexandroupoli oil pipeline; notes, however, that, as well as this single project, there are others which have already been approved or are being discussed; remains aware that pursuing a coherent European energy policy will be even more vital in the future;

42. Is convinced that, in addition to the need for Russia to ratify the Energy Charter Treaty, the EU should consider negotiating a formal framework document on energy relations with Russia in the context of the new PCA; suggests that elements of the Energy Charter Treaty should be transposed in a new document, as the current situation, characterised by a lack of formal agreement, is unacceptable;

43. Supports programmes to improve the energy infrastructures that connect Russia with EU Member States;

44. Expresses its concern over the nationalistic and monopolistic trends in the management of Russian energy resources; is deeply concerned about the difficulties that foreign and private companies face when investing in future developments on Russia's continental shelf; calls on Russia to adopt a more liberal approach and to create a level playing field, enabling foreign companies to compete with Russian firms, in accordance with the WTO rules; calls on Russia to swiftly incorporate best international practice on transparency and public accountability into national legislation;

45. Acknowledges that a significant amount of money is being invested in the maintenance of downstream distribution infrastructure and pipelines; emphasises, nonetheless, that, according to experts, a lack of investment, including foreign investment, may lead to a shortage of gas by as early as 2010;

46. Reiterates Parliament's call on the Commission and the Member States to take seriously the danger of a deficit in gas supplies from Russia after 2010 due to a lack of investment in Russia’s energy infrastructure; supports the energy dialogue between the EU and Russia as a platform for addressing the issue pertaining to the investment needed in Russian and European energy infrastructure, in order to ensure both security of supply and security of demand; emphasises the need to establish effective and timely crisis-communication mechanisms between the EU and Russia; emphasises the crucial importance of coherence, close coordination and solidarity between EU Member States in the energy dialogue; stresses the need for the EU to pursue a parallel strategy of enhancing security and diversification of its energy supplies and the importance of EU-Russia cooperation with regard to environmental protection, energy efficiency, energy saving and renewable energy;

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47. Calls on Russia not to apply a dual pricing system,which is in any case contrary to WTO rules,with regard to energy sources;

48. Calls on the Russian Federation, in close cooperation with the EU, to invest in the modernisation of its nuclear power plants, particularly in infrastructure, new technology and renewable energy sources, reflecting the pursuit of the common objectives of security, energy efficiency, environmental protection and public health;

49. Reiterates its support for the opening of the EU market to Russian electricity exports, on condition that relevant Russian safety standards, in particular in relation to nuclear power plants and the safe processing and disposal of nuclear waste, are brought up to EU level, so that the risk of environmental dumping is averted;

Transport

50. Takes note of the recommendations made by the High Level Group on the Extension of the Major Trans-European Transport Axes to the Neighbouring Countries and Regions; supports, in particular, the development of transport infrastructure between the EU and Russia, i.e. the harmonisation of conditions for railway transport;

51. Welcomes the agreement signed on 24 November 2006 between the EU and the Russian Federation, during the EU-Russia summit in Helsinki, on the situation pertaining to Siberian overflight payments; considers that this agreement will make it possible to normalise and enhance relations in the field of air transport between the EU and the Russian Federation and will significantly improve the competitiveness of European airlines and facilitate their operations in Asia's emergent markets ;

Other specific sectors

52. Considers trade in services as an essential part of future EU-Russia trade relations; calls for EU and Russian laws to be converged, especially in areas such as financial services, telecommunications and transport, while respecting the specific provisions governing public services; and calls for an end to the Baltic States' current discriminatory rail charges on imports and exports;

53. Stresses the importance of ensuring stability in the financial system, supporting the consolidation of a sound financial sector and an effective system for protecting customers of financial services through an improvement of the legislation, effective supervision and the implementation of measures that conform to the highest standards and norms applicable to financial services suppliers;

54. Considers that those reforms will favour the investment climate and can play a major role in enabling continued economic growth in Russia in a way that is less dependent on energy exports and the price of energy;

55. Stresses the importance of competition and openness in the financial services industry; expresses, in this respect, its concern with regard to existing obstacles to the licensing of foreign bank branches;

56. Believes that cooperation in the promotion of regulatory convergence in the agricultural sector, notably with regard to sanitary and phytosanitary measures, should be intensified;

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stresses the importance, for many Member States, of exports of agricultural products to Russia, i.e. fish, meat and dairy products; expresses concern, therefore, at the recent restrictive measures adopted by Russia in this field and urges the EU to back the Member States affected by those measures and to find a common solution to problems with exports to the Russian market, specifically relating to sanitary and phytosanitary measures;

57. Calls on Russia not to impose restrictive animal or plant-health measures on imported products which are discriminatory or based on a higher level of requirement than those applicable to domestic products;

Relations with other trade partners

58. Stresses that the development of the strategic economic partnership between the EU and Russia should take into account Russia's geopolitical position; emphasises the need to integrate the EU's approach to Russia with other efforts in the region, such as the European Neighbourhood Policy (ENP), the Northern Dimension and the Black Sea Strategy;

59. Welcomes the “Black Sea Synergy” initiative in the context of the ENP, which facilitates regional cooperation between the Black Sea region countries concerned, the Russian Federation and the EU in sectors such as energy, transport and the environment, and enhances the dialogue on respect for human rights, democracy and good governance;

60. Also recognises the potentially positive contribution that could be made by reinforcing the wider inter-regional cooperation between the EU and the Organisation of the BSEC in the context of the new “Black Sea Synergy” approach;

61. Emphasises the importance of increasing EU-Russia regional cooperation within the framework of the Northern Dimension, in which the EU and Russia, along with Iceland and Norway, are equal partners; stresses the need to set up concrete partnership projects in order to support and reinforce existing cooperation projects and multilateral partnerships, especially as regards Baltic Sea cooperation, in line with the Baltic Sea Strategy for the Northern Dimension, endorsed by Parliament in its above mentioned resolution; stresses the importance of further economic and social development in the Kaliningrad region as a model for enhanced economic and trade cooperation between the EU and Russia;

62. Stresses the benefits that closer EU-Russian relations in the tourism sector would entail, as many regions of the Member States are considered traditional destinations for Russian visitors;

63. Draws attention to the urgent need to solve the problems involved in improving the infrastructure for crossing the border between Latvia and Russia (and also between other EU-Russia border states), making use of the resources of the EU and the Russian Federation in order to open both existing border crossing points and new ones; stresses that it is also important to develop border infrastructure in the transit countries, such as the Ukraine, in order to facilitate and speed up cooperation between EU and Russia;

64. Believes that both partners have a common interest in a stable, secure and democratic neighbourhood, and encourages the development of good neighbourly relations in the

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field of trade and economic cooperation among the countries of the region; stresses that the joint upholding of human rights and implementation of the ENP offer a number of possibilities for multilateral cooperation, not least through the enhanced Neighbourhood Policy toward the East, in order to foster constructive cooperation in the areas of the environment, energy, infrastructure and trade;

65. Believes that the existence of frozen conflicts in the common neighbourhood represents a significant impediment to economic development in this region, and that supporting their settlement, in line with the principles of international law, including through addressing the economic consequences, should constitute a priority for the purposes of further promoting economic development and prosperity in the countries of the common neighbourhood;

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66. Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States and the Government and Parliament of the Russian Federation.

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P6_TA-PROV(2007)0263

Competition Policy 2005

European Parliament resolution of 19 June 2007 on the Report on Competition Policy 2005 (2007/2078(INI))


having regard to the Commission Report on Competition Policy 2005,

having regard to the Commission sector inquiries in the energy and retail banking sectors,

having regard to the objectives of the Lisbon Strategy,

having regard to the discussion paper by the Competition Directorate-General on the application of Article 82 of the Treaty to exclusionary abuses, of December 2005,

having regard to Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty1 and Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty2,

having regard to the Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/20033,

having regard to Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)4,

having regard to the DG Competition Merger Remedies Study 2005, of October 2005 (Merger Remedies Study),

having regard to Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty5,

having regard to the Commission Green Paper on Damages actions for breach of the EC antitrust rules (COM(2005)0672) (Damages Green Paper),

having regard to the Commission State Aid Action Plan on Less and better targeted state aid: a roadmap for state aid reform 2005-2009 (COM(2005)0107),

having regard to Commission Regulation (EC) No 1628/2006 of 24 October 2006 on the

1 OJ L 1, 4.1.2003, p. 1.2 OJ L 123, 27.4.2004, p. 18.3 OJ C 210, 1.9.2006, p. 2.4 OJ L 24, 29.1.2004, p. 1.5 OJ L 140, 30.4.2004, p. 1.

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application of Articles 87 and 88 of the Treaty to national regional investment aid1,

having regard to its resolution of 27 April 2006 on sectoral aspects of the State Aid Action Plan: aid for innovation2,

having regard to the Commission staff paper on a Community Framework for State aid for Research and Development and Innovation, of September 2006,

having regard to the Community guidelines on State aid for environmental protection3,

having regard to the Community guidelines to promote State aid and risk capital investments in small and medium-sized enterprises4,

having regard to the Guidelines on national regional aid for 2007-20135,

having regard to Commission Decision 2005/842/EC of 28 November 2005 on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest6, in the version forwarded to Parliament for its opinion on 8 September 2004,

having regard to its resolution of 22 February 2005 on State aid in the form of public service compensation7,

having regard to the case law of the Court of Justice of the European Communities relating to services of general interest and, in particular, to the Court's judgment of 24 July 2003 in Case C-280/008,

having regard to Rule 45 of its Rules of Procedure,

– having regard to the report of the Committee on Economic and Monetary Affairs (A6-0176/2007),

1. Welcomes the Commission's action to modernise competition policy and, in particular, its reinforced stance on combating cartels, its renewed targeting of unauthorised State aid and its sector inquiries; congratulates the Commission on the steps it has taken in improving the functioning of the European Competition Network (ECN); congratulates the Commission on its achievements in the area of multilateral and bilateral cooperation and calls for further progress in its activities towards the international convergence of competition policy;

2. Welcomes the preference attributed by the Commission to an economic rather than rules-

1 OJ L 302, 1.11.2006, p. 29.2 OJ C 296 E, 6.12.2006, p. 263.3 OJ C 37, 3.2.2001, p. 3.4 OJ C 194, 18.8.2006, p. 2.5 OJ C 54, 4.3.2006, p. 13.6 OJ L 312, 29.11.2005, p. 67.7 OJ C 304 E, 1.12.2005, p. 117.8 Case C-280/00, Altmark Trans GmbH and Regierungspräsidium Magdeburg v

Nahverkehrsgesellschaft Altmark GmbH [2003] ECR I-7747.

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based approach to competition policy enforcement; welcomes the Commission's approach in its sector inquiries, which is closer to the realities of business practices, particularly as regards the financial services and energy sectors; further stresses that those inquiries should shed light on the current sector situation and trends in the targeted sectors and should stimulate a forward-focused policy;

3. Welcomes the Commission’s efforts to improve the quality of enforcement of decisions in the context of the ECN through increased cooperation with and among national competition authorities (NCAs);

4. Renews the call, as regards cooperation with and enforcement by NCAs, for further progress in the reduction of uncertainty caused by diverging interpretations of Community competition law by national courts, as well as discrepancies in the speed, content and enforcement of final decisions; calls on the Commission to consider the creation of a network of judicial authorities, comparable to the ECN;

5. Renews the call in relation to services of general economic interest (SGEIs) given the considerable differences in policies prevailing across the Member States, for further progress in relation to both the clarification of the existing competition rules and their practical application;

6. Welcomes the increase in the adoption of procedures within the ECN Model Leniency Programme; stresses, however, that further refinement of that instrument is required in order to avoid its possible misuse, in particular by unfairly disadvantaging the weaker participants in the collusion;

7. Recalls, in this light, the need to coordinate the dual instruments of damages actions and leniency procedures, in order to ensure that adequate incentives for proper behaviour are in place;

8. Expresses concern about the excessive delay in the processes of recovery of unauthorised State aid granted by several Member States; stresses that the inadequate enforcement of rules in this area may seriously harm fair competition;

9. Welcomes the adoption of Community competition rules by the most recently acceded Member States and recommends the continued refinement of the quality of the implementation of those rules;

10. Notes the key role that adequate competition policy can play towards achieving the Lisbon Strategy goals; recalls that the role of competition policy can be enhanced if it is adequately coupled with a cohesion policy;

11. Calls on the Commission to consider carefully how tax competition among the Member States is affected by certain taxation practices, especially in relation to companies;

12. Takes the view that certain the taxation practices applied by some of the Swiss cantons could have the effect of distorting competition, and calls on the Member States and the Commission to continue their dialogue with the Swiss Confederation on these issues with a view to Swiss participation in the Code of Conduct for Business Taxation annexed to the Council conclusions of the ECOFIN Council Meeting on 1 December 1997

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concerning the taxation policy1;

13. Supports the Commission’s efforts to introduce a Community-wide common consolidated corporate tax base (CCCTB), since this will make for easier comparison, and draws attention to the views endorsed in its resolution of 13 December 2005 on taxation of undertakings in the European Union: a common consolidated corporate tax base2;

14. Reaffirms the need for an increased role of Parliament, including the promotion of co-decision powers, in the formulation of competition law;

15. Recalls the need to promote adequate capacity-building at Community level in order to meet the ambitious Lisbon Strategy goals and cope with the possible high levels of staff in businesses and NCAs;

16. Welcomes the efforts to strengthen the ECN's role in the field of competition enforcement through the harmonisation of practices and interpretation of norms, as well as the delegation of competences and the exchange of experiences among NCAs;

17. Expresses its concern at the relative failure to date to achieve genuine competition in the energy markets; notes that in many Member States ownership unbundling has proven insufficient to ensure adequate competition, as very high market shares of incumbent operators are associated with insufficient market access and market foreclosure;

18. Strongly believes that the introduction of a level playing field that enables new market entry and facilitates the introduction of new environmentally friendly technologies must be a priority; congratulates the Commission, in this respect, for making full use of its powers under the competition, merger and State aid rules, in order to enhance the efficiency of the energy market; welcomes the fact that in parallel to the enforcement of individual cases, the energy sector inquiry has played an important role in the Commission's work on identifying necessary regulatory changes in particular issues such as achieving adequate unbundling of network and supply activities, removing regulatory gaps in particular regarding cross-border issues, addressing market concentration and barriers to entry, and increasing transparency in market operations;

19. Underlines that the completion of ownership unbundling in the energy sector, alongside the dismantling of vertical conglomerates and guaranteeing conditions for effective market access should be given stronger priority;

20. Welcomes the overall objective of the energy inquiry which is to address the barriers currently impeding the development of an Community-wide energy market by 1 July 2007; shares the views of the Commission that the powers of NCAs need to be strengthened and that coordination must be enhanced at Community level, particularly as regards to cross-border issues; calls on the Commission to pursue enforcement action including fines against companies which breach competition rules; encourages the Commission to proceed against Member States which unduly protect national energy companies;

21. Calls on the Commission to examine the respective competition situations of rating agencies, auditing firms, and large investment banks;

1 OJ C 2, 6.1.1998, p. 1.2 OJ C 286 E, 23.11.2006, p. 229.

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22. Stresses that competition law must be applied to all players on the European market, whether or not they have their headquarters in the European Union; considers it to be important for the Commission to act with equal firmness and consistency in regard to both third-country and EU undertakings;

23. Welcomes the initiative taken by the Commission to commission a study to identify whether the rise in prices for energy is mainly due to the rise of fuel prices and the impact of the Emission Trading Scheme, or to the anti-competitive behaviour of market players;

24. Recalls the Commission’s commitment to review the ‘two-thirds rule’ as a threshold for finding a Community impact in regard to merger proposals; suggests that progress in this area and a more consistent approach in the evaluation of comparable merger operations would be welcome whenever decisions taken at national level could have a strong impact on the market structure of neighbouring Member States;

25. Welcomes the Commission’s aim to support the inter-connectivity of infrastructure networks; calls for special attention to be paid to the specific features of peripheral markets;

26. Welcomes the Commission’s Damages Green Paper and underlines that the right of victims who have suffered losses as a result of anti-competitive behaviour to obtain compensation must be effective;

27. Applauds the Commission’s efforts to strengthen the instruments for tackling cartels, in particular, the revision of its leniency procedures and its new guidelines on the method of setting fines, which focus on long-standing agreements in large markets;

28. Believes that the application of the Community and national merger control rules would benefit highly from cooperation among NCAs towards the implementation of a common database registering all the individual cases examined, in the context of a specific network for information exchange;

29. Welcomes the Merger Remedies Study, which examines the impact of proposed remedy measures during the period 1996 to 2000; considers that such ex-post examinations provide crucial policy insights, and, consequently, should be extended to other areas of competition policy enforcement;

30. Notes that according to the Merger Remedies Study, the effectiveness of structural remedies is often undermined by the uncompetitive behaviour of the firms and public authorities, in particular, by the limitation of market access; consequently calls on the Commission to increase its vigilance as regards that possible loophole in merger remedy enforcement;

31. Notes that State aid policy is an integral part of competition policy and that State aid control reflects the need to maintain a level playing field for all undertakings carrying out activities in the internal market; welcomes, in this respect, the Commission’s efforts to increase the transparency and public accountability of the existing mechanisms of State aid; welcomes further efforts to improve transparency in this context; stresses, furthermore, the need for clear criteria for measuring State aid levels;

32. Reiterates its earlier call for follow-up and open reporting on the development of State

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aid, with comparisons between the Member States, with a view to achieving the desired objective of reducing such aid;

33. Recalls the need to avoid competition and duplication among Member States’ State aid schemes, as well as any distortions that different national technical and financial capacities to support State aid may introduce in the internal market; suggests that further efforts by the Commission to harmonise national practices and promote the exchange of information and best practices are of the utmost relevance;

34. Recalls the principle of compatibility between State aid and Community cohesion policy; calls on the Commission, in view of the Community's objectives and cohesion policies, to ensure that State aid does not result in distorted competition by provoking the relocation of companies from one Member State to another, which may lead to subsidy-shopping by businesses without any added value for the common goals of the Community and, in particular, to the loss of jobs in one region for the benefit of another; recalls that regional aid approved outside authorised regional aid schemes intrinsically involves higher risks of distortion to competition;

35. Welcomes the increased sensitivity of the Commission in relation to Lisbon Strategy issues in the context of State aid management and its concerns regarding the 'catching-up' of less developed regions in the European Union in this area;

36. Considers that Community State aid policy, particularly regarding sectors that operate in the globalised market, must focus on aid practices by third-country governments in relation to competitors; suggests, however, that a balance should be achieved by giving preference to efforts regarding cooperation and mutual recognition, rather than through subsidy competition;

37. Recalls the need to guarantee that compliance with Community targets on climate control, combined with environmental State aid, across different countries and sectors, are compatible with competition objectives; calls on the Commission to address this issue in the forthcoming review of the environmental aid block exemption;

38. Welcomes the progress made in the context of bilateral cooperation with the European Union's main partners, namely, the United States, Canada, Japan and Korea, including dialogue on issues of common concern such as merger remedies and cartel investigations; considers such cooperation to be of crucial importance to achieving the consistent enforcement of decisions in cases with a shared impact;

39. Welcomes the Commission's cooperation with Chinese authorities in regard to the establishment of a competition authority in China; urges the Commission to continue its efforts towards instituting an effective competition culture in China;

40. Stresses that the Commission’s analyses of the competition situation in various sectors as regards the acquisition of undertakings should be carried out in the light of the internal market as a whole and not principally with regard to the situation on local or national markets;

41. Stresses that the Commission’s new trade agenda, in the context of which free trade agreements will be negotiated with selected partners, requires the close involvement of the Commissioner for Competition so that the main competition issues are appropriately

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dealt with in the context of such agreements;

42. Calls upon the Council and the Commission to improve and better focus their joint efforts in the organisation of the Competition Day initiative to highlight to European consumers and citizens the crucial importance of Community competition policy in delivering economic growth and jobs throughout the European Union;

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

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P6_TA-PROV(2007)0264

Crisis of the Equitable Life Assurance Society

European Parliament recommendation of 19 June 2007 based on the report of the Committee of Inquiry into the crisis of the Equitable Life Assurance Society


– having regard to Article 193 of the EC Treaty,

– having regard to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry1,

– having regard to its Decision 2006/469/EC of 18 January 2006 on setting up a Committee of Inquiry into the crisis of the Equitable Life Assurance Society2,

– having regard to its resolution of 4 July 2006 on the crisis of the Equitable Life Assurance Society3,

– having regard to the extension of the mandate of the Committee of Inquiry by three months as approved in its resolution of 4 July 2006, and the further extension granted on 18 January 2007,

– having regard to the final report of the Committee of Inquiry into the crisis of the Equitable Life Assurance Society (A6-0203/2007),


A. whereas Article 193 of the EC Treaty provides a legal basis for the establishment by Parliament of a temporary committee of inquiry to investigate alleged contraventions or maladministration in the implementation of Community law; whereas this constitutes an important element of Parliament's supervisory powers,

B. whereas the mandate of the Committee of Inquiry set up pursuant to Decision 2006/469/EC was to: (1) investigate alleged contraventions or maladministration in the application of Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (third life assurance Directive)4, now codified by Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance5, by the United Kingdom's competent

1 OJ L 113, 19.5.1995, p. 2.2 OJ L 186, 7.7.2006, p. 58.3 Texts Adopted, P6_TA(2006)0293.4 OJ L 360, 9.12.1992, p. 1. Directive as last amended by Directive 2002/87/EC of the European

Parliament and of the Council (OJ L 35, 11.2.2003, p. 1).5 OJ L 345, 19.12.2002, p 1. Directive as last amended by Council Directive 2006/101/EC (OJ L

363, 20.12.2006, p. 238).

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authorities in relation to the Equitable Life Assurance Society (Equitable Life), notably as regards the regulatory regime and the monitoring of the financial health of insurance undertakings, including their state of solvency, the establishment of adequate technical provisions and the covering of those provisions by matching assets; (2) assess whether the Commission had properly fulfilled its duty to monitor the correct and timely transposition of Community law and identify whether systematic weaknesses contributed to the situation that had arisen; (3) assess allegations that the UK regulators consistently failed, over a number of years, and at least since 1989, to protect policy holders by exercising rigorous supervision of accounting and provisioning practices and the financial situation of Equitable Life; (4) assess the status of claims by non-UK European citizens and the adequacy of remedies available under UK and/or EU legislation for policy-holders from other Member States; and (5) make any proposals that it deemed to be necessary in this matter,

C. whereas the Committee of Inquiry started its work on 2 February 2006 and adopted its final report on 8 May 2007; whereas the Committee of Inquiry met 19 times, held 11 public hearings, organised 2 workshops and sent 2 official delegations to Dublin and London; whereas it heard oral evidence from 46 witnesses, analysed 157 pieces of evidence of which 92 were made public on the Committee of Inquiry's website, amounting to several thousands of pages; whereas it also commissioned 3 external studies,

D. whereas, based on the above-mentioned evidence and actions, the Committee of Inquiry has approved a final report setting out the contents of its investigation and its conclusions and recommendations,

1. Instructs its President to take the necessary measures to make public the final report of the Committee of Inquiry, in accordance with Rule 176(10) of Parliament's Rules of Procedure and Article 4(2) of Decision 95/167/EC, Euratom, ECSC;

2. Calls on the Council, the Commission and the Member States to ensure that the conclusions of and recommendations arising out of the inquiry are acted upon, in accordance with the obligations arising from Decision 95/167/EC, Euratom, ECSC and Article 10 of the Treaty;

3. Requires the UK Government and the regulatory and supervisory bodies of the UK to ensure that the conclusions of and recommendations arising out of the inquiry are acted upon in accordance with the obligations arising from Article 4 of Decision 95/167/EC, Euratom, ECSC and from the general duties of Member States as defined by the Treaties;

4. Requires the Commission to ensure that the conclusions and recommendations on implementation matters are acted upon swiftly and to report back to the competent committees of Parliament;

5. Invites its President to instruct the Committee on Economic and Monetary Affairs, the Committee on the Internal Market and Consumer Protection, the Committee on Legal Affairs, the Committee on Constitutional Affairs and the Committee on Petitions to monitor the implementation of the conclusions and recommendations of the Committee of Inquiry, especially those pertaining to the Commission's responsibilities on transposition and redress issues in the context of the internal market, and, if appropriate, to report thereon, in accordance with Rule 176(11) of its Rules of Procedure;

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6. Calls on the Conference of Presidents and the working party on parliamentary reform set up in February 2007 to enact the recommendations contained in the Committee of Inquiry's report with respect to closer cooperation with national parliaments and improved oversight by Parliament on implementation issues, as well as on the future reform of inquiry committees, in order to improve their functioning and effectiveness;

7. Instructs its President to forward this recommendation and the final report of the Committee of Inquiry to the Council, the Commission, and the governments and parliaments of the Member States.

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P6_TA-PROV(2007)0265

Family life and study

European Parliament resolution of 19 June 2007 on a regulatory framework for measures enabling young women in the European Union to combine family life with a period of studies (2006/2276(INI))


– having regard to Articles 2, 3(2) and 141 of the EC Treaty,

– having regard to the Charter of Fundamental Rights of the European Union which was proclaimed in 20001, in particular Articles 9 and 14 thereof, on the right to found a family and the right to education,

– having regard to the conclusions of the European Councils of 21 and 22 June 1993 held in Copenhagen, of 23 and 24 March 2000 held in Lisbon, of 23 and 24 March 2001 held in Stockholm, of 15 and 16 March 2002 held in Barcelona, of 20 and 21 March 2003, 25 and 26 March 2004, 22 and 23 March 2005 and 23 and 24 March 2006 held in Brussels on the Lisbon Strategy for employment and growth,

– having regard to the Joint Declaration by European education ministers of 19 June 1999 in Bologna,

– having regard to the European Youth Pact adopted by the European Council of 22 and 23 March 2005,

– having regard to the Joint Declaration by the Council and Commission of 14 March 2007 on child care services,

– having regard to the Commission Communication of 30 May 2005 on European policies concerning youth, entitled ‘Addressing the concerns of young people in Europe – implementing the European Youth Pact and promoting active citizenship’ (COM(2005)0206), which addresses the need to provide young people with good-quality education and training together with a better balance between family life and working life,

– having regard to the Commission Communication of 10 January 2003 entitled ‘Investing efficiently in education and training: an imperative for Europe’ (COM(2002)0779),

– having regard to the Commission Communication of 5 February 2003 entitled ‘The role of the universities in the Europe of knowledge’ (COM(2003)0058),

– having regard to the Commission Communication of 20 April 2005 entitled ‘Mobilising the brainpower of Europe: enabling universities to make their full contribution to the Lisbon Strategy’ (COM(2005)0152),

1 OJ C364, 18.12.2000, p.1

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– having regard to the Commission Communication of 1 June 2005 entitled ‘Non-discrimination and equal opportunities for all A framework strategy’ (COM(2005)0224),

– having regard to Decision No 1672/2006 of the European Parliament and the Council of 24 October 2006 establishing a Community programme for Employment and Social Solidarity – Progress1,

– having regard to the Commission Communication of 1 March 2006 entitled ‘A Roadmap for equality between women and men (2006-2010)’ (COM(2006)0092),

– having regard to the Commission Communication (Green paper) of 16 March 2005 entitled ‘Confronting demographic change: a new solidarity between the generations’ (COM(2005)0094),

– having regard to the Commission Communication of 12 October 2006 entitled ‘The demographic future of Europe – from challenge to opportunity’ (COM(2006)0571),

– having regard to the Commission Communication of 12 October 2006 entitled ‘First-stage consultation of European social partners on the reconciliation of professional, private and family life’ (SEC(2006)1245),

– having regard to Council Recommendation 92/241/EEC of 31 March 1992 on child care2, which states that child care services should be made available to parents who are following a course of education or training with a view to entering the job market,

– having regard to its resolution of 9 March 2004 on reconciling professional, family and private lives3, its resolution of 9 March 2005 on the mid-term review of the Lisbon Strategy4, its resolution of 16 January 2006 on the future of the Lisbon Strategy from the point of view of the gender perspective5 and its resolution of 1 February 2007 on discrimination against young women and girls in the field of education6,


– having regard to the report of the Committee on Women’s Rights and Gender Equality (A6-0209/2007),

A. whereas education and the family fall within national competence and responsibility,

B. whereas education is a fundamental right for all and an essential precondition for an individual’s personal development and participation in economic and social life,

C. whereas the education system should include both the removal of the obstacles which make genuine equality between men and women difficult to achieve and the promotion of full equality between the sexes,

1 OJ L 315, 15.11.2006, p.12 OJ L 123, 8.5.1992, p.163 OJ C 102 E, 28.4.2004, p. 492.4 OJ C 320 E, 15.12.2005, p.1645 OJ C 287 E, 24.11.2006, p.3236 Texts Adopted, P6_TA(2007)0021

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D. whereas access to education, lifelong learning and high-quality training are essential if young men and women are to provide the skills that Europe needs, both with regard to boosting employment and growth and to solidarity between the generations and population renewal,

E. whereas a better balance between family life and student life at all levels could enable young people, particularly young women, to develop their potential more fully and thus contribute to the ‘knowledge society’, economic competitiveness, social cohesion and the renewal of European society, all of these being aims set out in the revised Lisbon Strategy,

F. whereas the future of Europe depends on its ability to foster societies that welcome young men and women; whereas, in this context, satisfying the desire for parenthood or for caring for dependent adults or the disabled should not conflict with education or career choices or constitute a barrier to staying in or returning to education or pursuing a career,

G. whereas higher education and training is a fundamental precondition for genuine access to the labour market and a means of guarding against poverty, which affects women in particular, and of aligning male and female pay,

H. whereas access to higher education for girls and young women from national minorities or for girls and young women from immigrant groups is particularly limited and/or often characterised by discrimination and segregation in schools,

I. whereas a longer time spent in education1, a lack of incentives to become fully independent and more difficult access to employment can lead young people to postpone the decision to start a family,

J. whereas the opportunities provided by lifelong learning and longer periods spent in education are increasing the average age of men and women in education and training2,

K. whereas increased life expectancy has an impact on relations between generations and within the family by increasing the number of dependent people,

L. whereas the abovementioned Commission's Communication of 12 October 2006 on the reconciliation of professional, private and family life recognises that policies in this area should also concern young men and women who are still in higher education,

M. whereas financial difficulties and discrimination of various kinds often make it difficult to gain access to, or continue in, education or training; whereas these difficulties are particularly acute for young men and women who have family responsibilities, and possibly also work responsibilities, in addition to their studies3 or training,

1 Francesco C.Billari, Dimiter Philipov, Education and the Transition to Motherhood: a comparative analysis of Western Europe, European Demographic Research Papers 2005

2 EUROSTUDENT Report 2005, Social and Economic Conditions of student life in Europe: the average age of students is 28 in the United Kingdom, 25.3 in Austria, 24.6 in Finland, 24.2 in the Netherlands and 24.1 in Ireland.

3 EUROSTUDENT Report 2005, Social and Economic Conditions of student life in Europe: 91% of all students in the Netherlands have jobs, 69% in Ireland, 67% in Austria, 66% in Germany and 65% in Finland.§

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N. whereas, even if it is not for the Member States to influence individual choices as to whether or not to assume family responsibilities, they should create a favourable social and economic environment for young parents and young people who have responsibility for dependent adults or for persons with disabilities, in view of the demographic challenges facing the EU,

O. whereas the fact that people are starting a family and having children later in life affects the demographic situation in every Member State,

P. whereas statistics show that Europeans do not have the number of children that they would like1 to have,

Q. whereas women, who are often the primary carers for dependants2, are more likely than men not to continue in education, not to complete their studies or never to return to education, which inevitably leads to lifelong de facto discrimination in gaining access to, and continuing in, education and training and to inequality between men and women in their working lives,

R. whereas in most countries, where people have a job at the same time as pursuing a course of study, either they are ineligible for social assistance or the amount of assistance for which they are eligible is reduced, and whereas the status of student, particularly where the student has dependants, makes it considerably more complicated to obtain bank loans or credit,

S. whereas an increasing number of people now live in alternative family units which do not fit the traditional image of the nuclear family consisting of a mother, a father and their joint biological children,

T. whereas family responsibilities imply specific needs in a number of areas, particularly with regard to housing, childcare services, care for dependants and flexibility in the course of study,

U. whereas the treatment of students with family responsibilities varies between countries and between higher education and vocational training establishments, which may constitute an obstacle to student mobility and thus to their achieving their desired education and career; whereas there is inequality in the way education systems take account of student needs and in the criteria for allocating student grants,

V. whereas there are very few statistics and indicators available at Member State and EU level which illustrate the living conditions of young people with family responsibilities who are in education or training,

1. Points out that education and training is a human right for girls and women and an essential precondition of the full enjoyment of all other social, economic, cultural and political rights;

1 Commission Communication of 16 March 2005 (Green Paper) entitled: ‘Confronting demographic change: a new solidarity between the generations’(COM(2005)0094))

2 EUROSTUDENT Report 2005, Social and Economic Conditions of student life in Europe: In Latvia the ratio of female students with a child to male students with a child is 13.8% to 5.3%, in Ireland 12.1% to 10.4%, and in Austria 11.5% to 10%.

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2. Points out that the recommendations that follow concern young people who are following a course of study or training and who have, or would like to have, family responsibilities either as parents or as carers for dependent adults or persons with disabilities;

3. Points out that, according to the conclusions of the abovementioned Green paper on demography, the European demographic deficit is due in part to the various stages of life (education, work, family) currently being reached later than previously;

4. Welcomes the Commission’s recognition, expressed in the abovementioned Communication of 12 October 2006 on the reconciliation of professional, private and family life, of the fact that policies aimed at achieving a better balance should also be addressed to young women and men who are still in higher education, but regrets the lack of specific proposals in this regard;

5. Encourages the Commission and the Member States to promote policies which make it easier to combine studying, training and family life, which support the balanced assumption by young people of family responsibilities without any form of discrimination and which enable them to optimise their contribution to European growth and competitiveness; points out that in education and research, women outnumber men as graduates (59%), yet their presence decreases consistently as they progress up the career ladder, from 43% of PhD candidates down to only 15% of professors;

6. Encourages the Member States to be more aware of the situation of young men and women who have family responsibilities in addition to being in education or training, and particularly to make resources available to them that suit to their needs;

7. In view of the fact that the task of caring for dependants falls mainly to women, who thus find it difficult to pursue their studies, calls upon the Member States to set up social services to promote personal independence and to provide care for people who are dependent upon others;

8. Encourages the Member States to offer affordable 'student insurance', and in particular social and medical cover, which could be extended to students' dependents;

9. Suggests that Member States and credit institutions should simplify and facilitate the provision of loans on beneficial terms to young men and women who are combining family responsibilities with a period of study or training;

10. Calls on the Member States to reduce or put an end to the taxation of young men and women who both study and work and who have family responsibilities or responsibilities towards dependants;

11. Encourages the Member States, in partnership with local authorities and higher education and vocational training institutions, to adopt the necessary measures to enable students who are also parents to live in housing that is suited to their needs and to have access to sufficient and adequate childcare under the same eligibility criteria as working parents; calls on the Member States to make full use of the possibilities provided by Community funds and in particular the ESF in this area;

12. Welcomes the Presidency Conclusions of the Barcelona European Council of 15 and 16 March 2002, which urged the Member States to provide by 2010 childcare for at least

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90% of children between the age of 3 and the mandatory school age, and for at least 33% of children under 3 years of age; regrets the fact that the Member States have not yet made satisfactory provision in that respect;

13. Encourages higher education and vocational training establishments to set up child-care services on their premises and calls on the Member States to support initiatives of this kind; stresses, furthermore, the importance of older family members (grandparents) and the major role they play in the process of bringing up children and in helping young parents who are working or studying;

14. Calls on the Member States to ensure that all students with children have access to, and can afford to use, good quality local authority/State nursery schools;

15. Calls on the Member States to ensure that all students with older children have access to, and can afford to use, good quality after-school facilities;

16. Calls on the Member States to relieve young people, particularly women, of the main responsibility for caring for dependants so that those women have the opportunity to study;

17. Calls on the Member States, in association with higher education and vocational training establishments, to propose more flexible ways of organising study courses, for example by increasing the opportunities for distance learning and the possibilities for part-time study, and by allowing more adults to continue their education, as part of lifelong learning;

18. Encourages the Member States and higher education and vocational training establishments to make more use of the flexible learning techniques made possible by new technologies and to make these available to all young people in education or training, particularly those with family responsibilities and persons with disabilities;

19. Calls on the Member States and higher education and vocational training establishments to ensure that pregnant students and mothers of young children enjoy equal treatment and non-discrimination in terms of commencing, continuing and returning to education, and to take particular account of their needs;

20. Calls on higher education and vocational training establishments to make their teaching and other staff aware of the particular needs of students with responsibility for others, and if necessary to set up support and advisory services to make it easy for them to commence, continue or return to a course of higher education or vocational training;

21. Calls on higher education and vocational training establishments to take account of the financial situation of young men and women who have family responsibilities when calculating course fees, and encourages them to provide appropriate assistance;

22. Calls on the Member States to establish a national certification scheme for the identification of higher education or vocational training establishments which can help with ways of reconciling student life and family life, with a view to facilitating and encouraging the continuation or the resumption of studies in the case of people with family responsibilities;

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23. Encourages employers to exercise corporate social responsibility by awarding study grants which students with family responsibilities could also apply for, and thus help to promote the employment of young graduates;

24. Calls on the Member States and social partners to encourage and facilitate lifelong learning by providing, inter alia, opportunities for paternal or maternal leave, or for leave of absence for reasons relating to legal guardianship or the care of dependent adults or people with disabilities, and for greater flexibility in working conditions, particularly through the use of new technologies; calls, furthermore, on the Member States to count maternity and parental leave during a period of study towards women's and men's aggregate time spent in work and their retirement pension entitlement periods, with a view to meeting fully the goal of genuine gender equality;

25. Calls on the Member States to put an end to restrictions on paid work by persons who are studying or on parental leave where the amounts earned are within the limits established by the Member States, without depriving those persons of their entitlement to family benefits, which would enable them to remain in contact with their employers by working from home and thus make it easier for them to re-enter the labour market following a period of parental leave;

26. Points out that most carers for dependent people are young women, which results in discrimination between men and women in education and careers; stresses the fundamental principle that men must assume greater responsibility for household work, children and other dependent persons if a greater number of young women are to have the opportunity to combine parenthood with studying; calls, therefore, on the Member States to recognise the value of family life and to promote the role of fathers and the better sharing of family responsibilities, including during time spent in education and after the completion of a course of study, as a significant step to achieving equal opportunities between men and women;

27. Calls on the Member States to structure financial support to families with children in a manner that promotes the participation of men in childcare;

28. Recommends to the Council, the Commission and the Member States, in the context of the open method of coordination and within meetings of education ministers and social services ministers, that they exchange best practice with regard to support for students with family responsibilities and to take account of the innovative arrangements in this area which some European countries have introduced;

29. Recommends that Member States facilitate the granting or extension of social benefits to students from other Member States who have dependent children;

30. Recommends to the Commission and the Member States respectively that, when devising and implementing Community and national programmes on education, they take account of the particular situation of students with family responsibilities; draws attention to the importance of including in such programmes horizontal measures to make it easier to combine studying with family life; calls for the education system to be made flexible so as to ensure that mothers, following maternity leave, can continue with, and be reintegrated into, their studies at the same level as previously undertaken;

31. Calls on the Member States to consider, with reference to their national situation, whether

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a reform of their education system to encourage flexibility and better management of time spent in education would have the effect of enabling young people to begin their working lives at an earlier stage and to achieve their desire for parenthood;

32. Encourages EUROSTAT and the Member States to adjust existing indicators with a view to gathering data which would make it possible to determine at both Member State and EU level the number of students with family responsibilities, their living conditions and the extent to which family responsibilities are a factor in them abandoning their studies, particularly in the case of young women;

33. Stresses that the incentives for young women to study and start a family may also diminish because they are afraid of suffering discrimination at work at a later stage; calls, therefore, on the Member States to combat the discriminatory treatment of mothers by employers when recruiting and promoting staff;

34. Calls on the scientific and academic communities to take appropriate steps with a view to ensuring that men and women with family responsibilities have equal access to scientific and/or research careers, thus encouraging them to embark on, and remain in, such careers and keeping them within the scientific community;

35. Calls on the Member States to continue to seek to expand and promote professional training for persons with family responsibilities and those from marginalised or minority groups, so as to enable them to avoid long-term unemployment and to ensure that they have equal access to the labour market;

36. Recommends to the Member States that they take into consideration, in accordance with the characteristics of their national health systems, the importance of access to health services for students who are expecting children or have children, and that they create the necessary infrastructure in close cooperation with universities;

37. Submits that the principle of shared parental responsibility could also apply to young women and men living together on some basis, specific to each country, other than official marriage;

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

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