title: Commission Recommendation of 18 July 2018 on guidance for the harmonised implementation of the European Rail Traffic Management System in the Union (Text with EEA relevance.)

text:
               19.7.2018

               EN

               Official Journal of the European Union

               C 253/1

         COMMISSION RECOMMENDATION
   of 18 July 2018
   on guidance for the harmonised implementation of the European Rail Traffic Management System in the Union
   (Text with EEA relevance)
   (2018/C 253/01)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (1) the European Union Agency for Railways (‘the Agency’) ensures the harmonised implementation and interoperability of the European Rail Traffic Management System (‘ERTMS’) in the Union. To that end, the Agency checks for compliance of the technical solutions envisaged with the relevant technical specifications for interoperability (TSIs) and gives its approval by means of a decision.

               (2)

               However, the approval process to be followed by the Agency and the applicants is not fully described.

               (3)

               In order to strengthen the legitimate expectations of the applicant in the approval process laid down in Article 19 of Directive (EU) 2016/797 and to facilitate the harmonised implementation of ERTMS in the Union, the applicant and the Agency should follow the guidance set out in this Recommendation.

               (4)

               In order to anticipate technical problems and facilitate the process for granting the authorisation for the placing in service of fixed installations established in Article 18 of Directive (EU) 2016/797, the National Safety Authorities (‘NSAs’) should be involved from the start of the approval process and should have access to the documents provided by the applicant.

               (5)

               Owing to the variety of contracts and tender types in ERTMS trackside subsystem, the Agency and the applicants should follow a process that covers all those contract types and at the same time ensures that the technical solutions envisaged are fully compliant with the relevant TSIs and are therefore fully interoperable.

               (6)

               An issue log established by the Agency should be used by the Agency and the applicant as a monitoring tool to identify and track at the earliest possible stage any potential issues impacting interoperability. The applicant should provide evidence of the resolution of the issues affecting interoperability.

               (7)

               The Agency should also use an anonymised issues list, as a tool for sharing experience and facilitating harmonised implementation in the field of ERTMS.

               (8)

               The guidance on the approval process set out in this Recommendation should not overlap with the conformity assessment performed by the assessment bodies described in Directive (EU) 2016/797 and in the relevant TSIs. The Agency should ensure that the information on the verification of trackside European Train Control System (‘ETCS’) equipment and Global System for Mobile Communications-Railway (‘GSM-R’) equipment set out in Article 5 and point 6.1.2.3 to the Annex of Commission Regulation (EU) 2016/919 (2) is made available in accordance with those provisions. That information should be assessed by the Agency as early as possible in order to anticipate any issues, minimise costs and reduce the duration of the approval process and ensure that the technical solution envisaged is interoperable.

               (9)

               In order to facilitate the approval process, the applicant should initiate a dialogue with the Agency before the formal submission of the application. During this ‘initial engagement stage’ the applicant and the Agency should reach an agreement on the schedule for the approval process including the respective deadlines taking into account the type of procurement and the authorisation process. The NSAs can collaborate and provide an opinion on the possible outcomes of the initial engagement.

               (10)

               The fees payable to the Agency after the initial engagement stage of the process should be laid down in Commission Implementing Regulation (EU) 2018/764 (3).

               (11)

               The rules of procedure of the Boards of Appeal should be laid down in Commission Implementing Regulation (EU) 2018/867 (4).

               (12)

               The guidance provided for in this Recommendation has been presented for an exchange of views to the Committee referred to in Article 51 of Directive (EU) 2016/797,

         RECOMMENDS:

      Section A: General provisions

               1.

               That the applicant contact the Agency as soon as they plan a call for tender relating to ERTMS trackside equipment for which an Agency approval is needed;

               2.

               That the applicant submit sufficiently detailed technical documents to enable the Agency to verify that the technical solutions foreseen to be implemented are fully interoperable;

               3.

               That the Agency and the relevant NSA cooperate and share information in order to anticipate and address any technical concerns and therefore facilitate the task of the NSA regarding the authorisation for the placing in service of the subsystem. The NSA may give opinions through the one-stop shop referred to in Article 12 of Regulation (EU) 2016/796 (hereafter ‘the one-stop shop’) at any point in the process, including during the initial engagement stage, on the technical matters and on the planning;

               4.

               That the information provided during the approval process be made available to the NSA;

               5.

               That the applicant and the Agency follow the approval process composed of 3 stages:

                           (a)

                           initial engagement;

                           (b)

                           submission and verification of completeness of the file;

                           (c)

                           assessment and decision;

               6.

               That the applicant submit at the earliest stage possible, via the one-stop shop, the following application file necessary for the approval, including the description of the technical envisaged solution and the documentary evidence of the compliance of the technical envisaged solution with the relevant control-command and signalling TSI, as listed in Article 19 of Directive (EU) 2016/797:

                           (a)

                           The draft tender specifications or the description of the envisaged technical solution

                                       —

                                       Project description, including the details of the line, group of lines, or network that are covered by the project or combination of projects: geographical location, number of kilometres in single and double track, ERTMS level, baseline and version, interoperability constituents and stations;

                                       —

                                       Evidence that the tender or contract or both include the relevant control-command and signalling TSI, the baseline and the version;

                                       —

                                       Project plan indicating deliverables, milestones and deadlines;

                                       —

                                       List of ERTMS functions to implement;

                                       —

                                       Engineering rules and operational tests scenarios, as referred to in Article 5 of Regulation (EU) 2016/919 and point 6.1.2.3 of the Annex to that Regulation;

                                       —

                                       Test strategy and test plans;

                           (b)

                           Documentary evidence of the conditions necessary for technical and operational compatibility of the subsystem with the vehicles intended to operate on the relevant network

                           (c)

                           Documentary evidence of the compliance of the envisaged technical solution with the relevant control-command and signalling TSI, and any other relevant documents, such as national safety authority opinions, declarations of verification or conformity certificates

                                       —

                                       If available, a previous ERTMS trackside authorisation by an NSA relevant for the envisaged technical solutions submitted by the applicant;

                                       —

                                       If available, EC Certificates of conformity of the interoperability constituents and EC declaration of conformity of the interoperability constituents, including the Agency template for certification and deviations defined in the Agency guideline;

                                       —

                                       If available, Certificates of verification of the subsystem and, if applicable, intermediate statements of verification of design and EC declaration of verification of the subsystem, including the template for certification and deviations defined in the relevant Agency guideline;

                                       —

                                       Demonstration of how the risks impacting interoperability of each issue of the issue log have been addressed;

                                       —

                                       National rules related to ERTMS that are applicable to the project;

                                       —

                                       In case the applicant has an exemption from the application of one or more TSIs or parts of them, a document provided by the Member State granting the derogation, according to Article 7 of Directive (EU) 2016/797;

               7.

               That each of the issues listed in the issue log, is classified in one of the following categories:

                           (a)

                           query;

                           (b)

                           issue closed;

                           (c)

                           issue closed with conditions;

                           (d)

                           issue closed but it is unacceptable;

               8.

               That the Agency suggest, through the one-stop shop, a list of issues in the issue log with the status ‘query’;

               9.

               That the applicant provides evidence according to the agreed schedule referred to in point 17(b) and prior to the decision stage, showing that each of the issues identified in the issue log have been addressed;

               10.

               That the Agency update the status of the issues in the issue log to the evidence submitted by the applicant to ‘Issue closed’, ‘Issue closed with conditions’ or ‘Issue closed but it is unacceptable’;

               11.

               That the applicant and the NSA should be able to suggest additional issues to be included in the issue log;

               12.

               That the Agency provide the applicant with guidance on how to prove evidence that the issues have been addressed in order to speed up the process and to avoid an unnecessary administrative work;

               13.

               That the Agency publish an anonymised issue list, as a tool to share return of experience and facilitate the harmonised implementation of ERTMS trackside projects;

      Section B: stage 1 — Initial Engagement

               14.

               That the applicant, prior to formal submission of the application, engage in a dialogue with the Agency to facilitate the approval process;

               15.

               That the initial engagement stage start before any call for tender relating to ERTMS trackside equipment and when the applicant informs the Agency of its intention to submit a request for approval;

               16.

               That the initial engagement be confined to a limited number of discussions in which the applicant presents the intended project and the details of the technical solutions envisaged including, if available, the documents listed in point 6;

               17.

               That the initial engagement stage be concluded with the signature of an arrangement between the Agency and the applicant which includes:

                           (a)

                           the scope of the application;

                           (b)

                           schedule, including the dates of:

                                       (i)

                                       submission of each document listed in point 6;

                                       (ii)

                                       updates of the issue log;

                                       (iii)

                                       deadline for decision;

                           (c)

                           the issue log;

               18.

               That the NSA participate in the initial engagement stage and provide an opinion on the proposal for arrangements referred to in point 17;

               19.

               That the applicant use the one-stop shop to register the documents listed in point 6;

      Section C: stage 2 — Submission and verification of completeness

               20.

               That the submission and verification of completeness stage follow the initial engagement stage when the applicant submits, through the one-stop shop, the request for a decision on approval;

               21.

               That the applicant submit all the documents listed in point 6. If any of those documents was previously submitted through the one-stop shop, the applicant may identify these documents and confirm that those documents remain applicable to the project without any modification or addition. In the event of any modifications or additions to those documents the applicant must submit the updated documents;

               22.

               That the Agency assess the completeness of the file submitted and verify that the file submitted has been uploaded in the one-stop shop, that it includes all the documents listed in point 6 and that none of the issues listed in the issue log has the status ‘query’;

               23.

               That the Agency assess the relevance and consistency of the file submitted in relation to the documents listed in point 6 and to the arrangements agreed in the initial engagement and referred to in point 17;

               24.

               That the Agency inform the applicant through the one-stop shop within a month of receipt of the formal submission in case the information provided is not complete, providing the relevant evidence and specifying the relevant additional documents to be submitted within the deadline agreed in the schedule during the initial engagement;

               25.

               That when the Agency considers that the file is complete, relevant and consistent it informs the applicant accordingly through the one-stop shop;

      Section D: stage 3 — Assessment and decision

               26.

               That the assessment and decision stage follow the conclusion of the submission and verification of completeness stage;

               27.

               That the Agency issue either a positive or negative decision within two months from the start of the assessment and decision stage on that part of the technical solutions that have not been previously covered by a positive decision for approval by the Agency;

               28.

               That the Agency consider any opinion made by the national safety authority on the request for approval;

               29.

               That the Agency issue a positive decision if stage 2 is successfully completed and all the issues listed in the issue log have the status ‘issue closed’;

               30.

               That the Agency issue a negative decision if one or more issues listed in the Issue Log have the status ‘issue closed but unacceptable’ or if the assessment of stage 2 is finished but the file is not considered complete, relevant and/or consistent;

               31.

               That the Agency issue a positive decision with conditions in the following cases:

                           (a)

                           one or more issues listed in the issue log have the status ‘closed with conditions’; and

                           (b)

                           no issue has the status ‘closed but it is not acceptable’;

               32.

               That the Agency provide an explanation of the conditions that need to be fulfilled by the applicant at a later stage and considered by the NSA and a summary of the final issues as recorded in the issue;

               33.

               That, in case a condition set out in the positive decision of the Agency cannot be met by the applicant, the NSA recommend the applicant:

                           (a)

                           to re-submit a request for the Agency’s approval. In this case, the applicant identifies the documents from a previous request for the Agency’s approval that are still valid and the Agency does not repeat the assessment of those documents;

                           (b)

                           to apply Article 30(2) of Regulation (EU) 2016/796. In this case, the Agency offers that it will update the issue log in the one-stop shop.

               34.

               That where the Agency issues a negative decision the applicant be entitled to rectify the project design, submit a new application, indicate the parts of the project that remain unchanged and the documents and evidence that still apply;

               35.

               That, where the applicant submits a reasoned request to the Agency to review its decision pursuant to Article 19(5) of Directive (EU) 2016/797, that request be made through the one-stop shop and be accompanied by a detailed justification of the issues which the applicant considers not to have been properly assessed by the Agency. The Agency should confirm or review its decision focusing on the issues highlighted in that justification. The findings of the review should be communicated to the applicant, through the one-stop shop, within two months from the date of the applicant’s request;

               36.

               That the Agency provide the applicant with an appropriate justification where it confirms its initial negative decision;

               37.

               That the applicant be entitled to bring an appeal before the Board of Appeal established under Article 55 of Regulation (EU) 2016/796 when the Agency confirms its initial negative decision.

      Done at Brussels, 18 July 2018.

            For the Commission

         Violeta BULC

            Member of the Commission

      (1)  Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union, (OJ L 138, 26.5.2016, p. 44).

      (2)  Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the control-command and signalling subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1).

      (3)  Commission Implementing Regulation (EU) 2018/764 of 2 May 2018 on the fees and charges payable to the European Union Agency for Railways and their conditions of payment (OJ L 129, 25.5.2018, p. 68).

      (4)  Commission Implementing Regulation (EU) 2018/867 of 13 June 2018 laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways (OJ L 149, 14.6.2018, p. 3).


title: Recommendation of the European Central Bank of 26 January 2018 to the Council of the European Union on the external auditors of the Oesterreichische Nationalbank (ECB/2018/1)

text:
               1.2.2018

               EN

               Official Journal of the European Union

               C 37/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 26 January 2018
   to the Council of the European Union on the external auditors of the Oesterreichische Nationalbank
   (ECB/2018/1)
   (2018/C 37/01)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

               (2)

               Article 37(1) of the Austrian Federal Act on the Oesterreichische Nationalbank provides that the General Meeting of the Oesterreichische Nationalbank elects one external auditor and one alternate external auditor for a multi-year period of, at most, five years. The alternate external auditor will be mandated only in the event that the external auditor is unable to perform the audit.

               (3)

               The mandate of both the current external auditor and the current alternate external auditor of the Oesterreichische Nationalbank ended following the audit for the financial year 2017. It is therefore necessary to appoint external auditors from the financial year 2018.

               (4)

               The Oesterreichische Nationalbank has selected Ernst & Young Wirtschaftsprüfungsgesellschaft m.b.H. as its external auditor and Deloitte Audit Wirtschaftsprüfungs GmbH as its alternate external auditor for the financial years 2018 to 2022,

         HAS ADOPTED THIS RECOMMENDATION:

               1.

               It is recommended that Ernst & Young Wirtschaftsprüfungsgesellschaft m.b.H. should be appointed as the external auditor of the Oesterreichische Nationalbank for the financial years 2018 to 2022.

               2.

               It is recommended that Deloitte Audit Wirtschaftsprüfungs GmbH should be appointed as the alternate external auditor of the Oesterreichische Nationalbank for the financial years 2018 to 2022.

      Done at Frankfurt am Main, 26 January 2018.

            The President of the ECB

         Mario DRAGHI


title: Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships

text:
               2.5.2018

               EN

               Official Journal of the European Union

               C 153/1

         COUNCIL RECOMMENDATION
   of 15 March 2018
   on a European Framework for Quality and Effective Apprenticeships
   (2018/C 153/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 166(4) and Article 292, in conjunction with Article 153(2) and Article 153(1) point (b), thereof,
   Having regard to the proposal from the European Commission
   Whereas:

               (1)

               Quality and effective apprenticeships that lead to a combination of job related skills, work based experience and learning, and key competences facilitate young people’s entry in the labour market, as well as adults’ career progression and transition into employment. They are part of the formal vocational education and training (VET) systems and they exist in parallel to other work-based learning and/or vocational pathways.

               (2)

               Well-designed apprenticeship schemes benefit both employers and learners as well as reinforce the link between the world of work and the world of education and training. High quality standards avoid that apprenticeships are geared towards low-skilled jobs and poor training that damage their reputation. In addition to providing a pathway to excellence, quality apprenticeships can also contribute to fostering active citizenship and social inclusion by integrating people of different social and personal backgrounds into the labour market.

               (3)

               Quality and effective apprenticeships are established through structured partnerships involving all relevant stakeholders, particularly social partners, businesses, intermediary bodies such as chambers of industry, commerce and crafts, professional and sectorial organisations, vocational education and training institutions, youth and parent organisations, as well as local, regional and national authorities. Since 2013, the Commission in cooperation with Member States and relevant stakeholders promotes the supply, quality and image of apprenticeship through the European Alliance for Apprenticeships, which has so far mobilised more than 700 000 offers for apprenticeships, traineeships or first jobs offers. Business led initiatives like the European Pact for Youth have mobilised more offers and helped promote business-education partnerships across the Union.

               (4)

               The European cross-industry social partners have collected evidence building on quality and cost-effectiveness of apprenticeships through their parallel work and their Joint Statement Towards a Shared Vision of Apprenticeships from June 2016 that was the basis for the opinion on A Shared Vision for Quality and Effective Apprenticeships and Work-based Learning adopted on 2 December 2016 by the Advisory Committee on Vocational Training (ACVT).

               (5)

               In order to ensure an even deeper and broader involvement of stakeholders, the Commission organised hearings at two stages, on 30 March and 7 June 2017, with European cross-industry and sectoral social partners, and the chambers of commerce, industry and crafts.

               (6)

               The European Qualifications Framework (EQF) first established in 2008 and revised in 2017 (1), improves the transparency, comparability and portability of citizens’ qualifications, including apprentices.

               (7)

               The Council Recommendation of 18 June 2009 on a European Quality Assurance Reference Framework for Vocational Education and Training (EQAVET) (2) established a reference instrument to help Member States promote and monitor continuous improvement of their vocational education and training systems.

               (8)

               Through the 2012 European Quality Charter on Internships and Apprenticeships, the European Youth Forum urged the European countries, European institutions and social partners to establish or reinforce legal quality frameworks for apprenticeships.

               (9)

               The Council Recommendation of 22 April 2013 on establishing a Youth Guarantee (3) recommends that Member States ensure that all young people under the age of 25 years receive a good-quality offer of employment, continued education, an apprenticeship or a traineeship within four months of becoming unemployed or leaving formal education.

               (10)

               The European social partners, the European Commission and the Lithuanian Presidency of the Council of the European Union engaged to contribute to the supply, quality and attractiveness of apprenticeships in a Joint Declaration establishing the European Alliance for Apprenticeships on 2 July 2013.

               (11)

               The Council Declaration on the European Alliance for Apprenticeships from 15 October 2013 noted that the effectiveness and attractiveness of apprenticeship should be encouraged by their adherence to several common guiding principles.

               (12)

               The Council Recommendation on a Quality Framework for Traineeships (4) adopted on 10 March 2014 established a number of principles to improve the quality of traineeships outside formal education and training.

               (13)

               Under the Copenhagen process for European cooperation on vocational education and training, the Riga Conclusions of 22 June 2015, endorsed by the Ministers in charge of vocational education and training, made work-based learning in all its forms, with special attention to apprenticeships, and developing quality assurance mechanisms, two of the five European priorities for the period 2015-2020.

               (14)

               The Education and Training 2020 Working Group on Vocational Education and Training developed 20 guiding principles on high-performance apprenticeships and work-based learning during its mandate 2014-2015.

               (15)

               In its report on Erasmus+ and other tools to foster mobility in vocational education and training – a lifelong learning approach of 4 March 2016, the European Parliament called for measures to ensure quality standards for apprenticeships.

               (16)

               Regulation (EU) 2016/589 of the European Parliament and of the Council (5) stipulates that apprenticeships based on an employment contract can be advertised on EURES — The European job mobility portal as of May 2018.

               (17)

               In its Communication of 10 June 2016 on A New Skills Agenda for Europe the Commission stressed its support to social partners to take forward the results of their joint projects, for example establishing a quality framework for apprenticeships.

               (18)

               The Commission Communication Investing in Europe’s Youth from 7 December 2016 (6), called for a renewed effort to support young people to get the best possible start in life by investing in their knowledge, skills and experiences, helping them to find or train for their first job. The aim was to help young people seize opportunities, integrate well into society, become active citizens and pursue a successful professional career, including through a quality framework outlining key principles for apprenticeship schemes.

               (19)

               The Rome Declaration of 25 March 2017 includes the pledge to work towards a Union where young people receive the best education and training and can study and find jobs across the continent.

               (20)

               The European Pillar of Social Rights proclaimed on 17 November 2017 sets out a number of principles to support fair and well-functioning labour markets and welfare systems, including the right to quality and inclusive education and training, to ensure skills relevant for the labour market and for participation in society.

               (21)

               The Commission proposal for a Council Recommendation on graduate tracking adopted on 30 May 2017 aims to improve the availability of qualitative and quantitative information about what graduates, including apprentices, do after they complete their education and training.

               (22)

               The European Structural and Investment Funds (2014-2020), namely the European Social Fund (ESF) and the European Regional Development Fund (ERDF), as well as Erasmus+, the Union programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME), the Union Programme for Employment and Social Innovation (EaSI), and the Youth Employment Initiative (YEI), provide support for apprenticeships.

               (23)

               Recently, the European Parliament and stakeholders called on the Commission to boost long term mobility of apprentices across the EU, providing young people with the opportunity to develop both job specific skills and key competences. The Commission responded by introducing in the Erasmus+ programme a new activity called Erasmus Pro which specifically supports longer work placements abroad.

               (24)

               In its reports on the Youth Guarantee from 2015 and 2017, the European Court of Auditors recommends that the Commission develop quality criteria for apprenticeships and other offers supported under this initiative.

               (25)

               A common understanding among Member States of quality and effective apprenticeships supports their efforts to reform and modernise apprenticeship systems that provide an excellent learning and career pathway. A common understanding contributes to increasing mutual trust and thus facilitates cross-border mobility of apprentices.

               (26)

               The overall objective of this Recommendation is to increase the employability and personal development of apprentices and to contribute to the development of a highly skilled and qualified workforce, responsive to labour market needs.

               (27)

               The specific objective is to provide a coherent framework for apprenticeships based on a common understanding of what defines quality and effectiveness, taking into account the diversity and traditions of vocational education and training systems and policy priorities in the various Member States.

               (28)

               This Recommendation does not affect the competences of the Member States to maintain or establish more advanced provisions for apprenticeships than the ones recommended here, nor to maintain or develop other forms of work-based learning and/or vocational education and training outside the scope of the Recommendation and to apply to them, in full or in part, the criteria set out below.

         HAS ADOPTED THIS RECOMMENDATION,
   Member States should, in accordance with national legislation and in close cooperation with stakeholders, ensure that apprenticeship schemes are responsive to labour market needs and provide benefits to both learners and employers, by building on the criteria for quality and effective apprenticeships set out below.
   For the purposes of this Recommendation and without prejudice to national terminology, apprenticeships are understood as formal vocational education and training schemes that

               a)

               combine learning in education or training institutions with substantial work-based learning in companies and other workplaces,

               b)

               lead to nationally recognised qualifications,

               c)

               are based on an agreement defining the rights and obligations of the apprentice, the employer and, where appropriate, the vocational education and training institution, and

               d)

               with the apprentice being paid or otherwise compensated for the workbased component.

      Criteria for learning and working conditions

      Written agreement

               1.

               Before the start of the apprenticeship a written agreement should be concluded to define the rights and obligations of the apprentice, the employer, and where appropriate the vocational education and training institution, related to learning and working conditions.

      Learning outcomes

               2.

               The delivery of a set of comprehensive learning outcomes defined in accordance with national legislation should be agreed by the employers and vocational education and training institutions and, where appropriate, trade unions. This should ensure a balance between job-specific skills, knowledge and key competences for lifelong learning supporting both the personal development and lifelong career opportunities of the apprentices with a view to adapt to changing career patterns.

      Pedagogical support

               3.

               In-company trainers should be designated and tasked to cooperate closely with vocational education and training institutions and teachers to provide guidance to apprentices and to ensure mutual and regular feed-back. Teachers, trainers and mentors, specially in micro-, small and medium-sized companies, should be supported to update their skills, knowledge and competences in order to train apprentices according to the latest teaching and training methods and labour market needs.

      Workplace component

               4.

               A substantial part of the apprenticeship, meaning at least half of it, should be carried out in the workplace with, where possible, the opportunity to undertake a part of the workplace experience abroad. Taking into account the diversity of national schemes, the aim is to progress gradually towards that share of the apprenticeship being workplace learning.

      Pay and/or compensation

               5.

               Apprentices should be paid or otherwise compensated, in line with national or sectoral requirements or collective agreements where they exist, and taking into account arrangements on cost-sharing between employers and public authorities.

      Social protection

               6.

               Apprentices should be entitled to social protection, including necessary insurance in line with national legislation.

      Work, health and safety conditions

               7.

               The host workplace should comply with relevant rules and regulations on working conditions, in particular health and safety legislation.

      Criteria for framework conditions

      Regulatory framework

               8.

               A clear and consistent regulatory framework should be in place based on a fair and equitable partnership approach, including a structured and transparent dialogue among all relevant stakeholders. This may include accreditation procedures for companies and workplaces that offer apprenticeships and/or other quality assurance measures.

      Involvement of social partners

               9.

               Social partners, including, where relevant, at sectoral level and/or intermediary bodies, should be involved in the design, governance and implementation of apprenticeship schemes, in line with national industrial relations systems and education and training practices.

      Support for companies

               10.

               Financial and/or non-financial support should be envisaged, particularly for micro-, small and medium-sized companies, enabling cost-effective apprenticeships for companies, taking into account, when appropriate, cost-sharing arrangements between employers and public authorities.

      Flexible pathways and mobility

               11.

               To facilitate access, entry requirements for apprenticeships should take into account relevant informal and non-formal learning and/or, if relevant, the accomplishment of preparatory programs. Qualifications acquired through apprenticeships should be included in nationally recognised qualification frameworks referenced to the European Qualifications Framework (7). Apprenticeships should allow access to other learning opportunities, including at higher education and training levels, career pathways and/or, where relevant, the accumulation of units of learning outcomes. Transnational mobility of apprentices, either at the workplace or education and training institutions, should be progressively promoted as a component of apprenticeship qualifications.

      Career guidance and awareness raising

               12.

               Career guidance, mentoring and learner support should be provided before and during the apprenticeship to ensure successful outcomes, to prevent and reduce drop-outs as well as support those learners to reengage into relevant education and training pathways. Apprenticeships should be promoted as an attractive learning pathway through widely targeted awareness-raising activities.

      Transparency

               13.

               The transparency of, and access to apprenticeship offers within and between Member States should be ensured, including with the support of public and private employment services as well as other relevant bodies, and, when appropriate, by using Union tools such as EURES as provided for in the EURES regulation.

      Quality assurance and tracking of apprentices

               14.

               Quality assurance approaches should be in place taking into account the European Quality Assurance Reference Framework for Vocational Education and Training (EQAVET) (8), including a process allowing a valid and reliable assessment of the learning outcomes. The tracking of employment and career progression of the apprentices should be pursued, in accordance with national and European legislation on data protection.

      Implementation at national level

   Within the scope of this Recommendation, for its implementation Member States should:

               15.

               Promote the active involvement of social partners in the design, governance and implementation of apprenticeship schemes, in line with national industrial relations systems and education and training practices;

               16.

               Ensure equal access, promote gender balance and tackle discrimination in apprenticeship schemes;

               17.

               Include the relevant implementing measures in the National Reform Programmes under the European Semester;

               18.

               Take into account this framework when making use of European Union funds and instruments supporting apprenticeships.

         The Commission should provide the necessary support, including through the following actions:

      Support services

               19.

               Developing a set of support services for knowledge sharing, networking and mutual learning to assist Member States and relevant stakeholders to implement apprenticeship schemes in line with this Framework. This should include the further training needs of VET teachers and trainers regarding digital innovations in apprenticeships.

      Awareness-raising

               20.

               Promoting the excellence and attractiveness of apprenticeships, as well as a positive image among young people, their families and employers, through awareness raising campaigns such as the European Vocational Skills Week;

      Funding

               21.

               Supporting the implementation of this Recommendation through relevant Union funding, in accordance with the relevant legal framework;

      Follow-up

               22.

               Monitoring the implementation of this Recommendation with the support of the tripartite Advisory Committee on Vocational Training, building on the existing monitoring instruments used in the framework of the European Semester;

               23.

               Reporting to the Council on the implementation of the Framework within three years from the date of its adoption.

      (1)  OJ C 189, 15.6.2017, p. 15.

      (2)  OJ C 155, 8.7.2009, p. 1.

      (3)  OJ C 120, 26.4.2013, p. 1.

      (4)  OJ C 88, 27.3.2014, p. 1.

      (5)  OJ L 107, 22.4.2016, p. 1.

      (6)  COM(2016) 940 final.

      (7)  OJ C 189, 15.6.2017, p. 15.

      (8)  OJ C 155, 8.7.2009, p. 1.


               20.9.2018

               EN

               Official Journal of the European Union

               C 337/113

      P8_TA(2017)0354
      Modernisation of the trade pillar of the EU-Chile Association Agreement
      European Parliament recommendation of 14 September 2017 to the Council, the Commission and the European External Action Service on the negotiations of the modernisation of the trade pillar of the EU-Chile Association Agreement (2017/2057(INI))
      (2018/C 337/17)

         The European Parliament,

                  —

                  having regard to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, which was concluded in 2002, and to its trade pillar which entered into force on 1 February 2003 (1) (hereafter the AA),

                  —

                  having regard to the outcome of the sixth EU-Chile Association Council meeting held in April 2015 (2),

                  —

                  having regard to the Final Declaration adopted by the Joint Consultative Committee (JCC) on 5 October 2016 (3),

                  —

                  having regard to the Commission communication of 14 October 2015 entitled ‘Trade for All — Towards a more responsible trade and investment policy’ (COM(2015)0497) and to the Commission reflection papers of May 2017 on ‘Harnessing Globalisation’ (4) and of April 2017 on ‘Social Dimension of Europe’ (5),

                  —

                  having regard to the judgments and opinions of the Court of Justice of the European Union (C-350/12 P, 2/13, 1/09) and the decision of the European Ombudsman of 6 January 2015 closing her own-initiative inquiry OI/10/2014/RA on dealing with information and access to documents (6), and having regard to the Opinion 2/15 of the Court of Justice of 16 May 2017,

                  —

                  having regard to its resolution of 3 February 2016 containing the European Parliament’s recommendations to the Commission for the negotiations for the Trade in Services Agreement (TiSA) (7),

                  —

                  having regard to the amendments that it adopted on 4 July 2017 (8) on the proposal for a directive on the disclosure of income tax information by certain undertakings and branches,

                  —

                  having regard to its resolutions of 5 July 2016 on the implementation of the 2010 recommendations of Parliament on social and environmental standards, human rights and corporate responsibility (9), and of 25 November 2010 on international trade policy in the context of climate change imperatives (10),

                  —

                  having regard to its EPRS study on ‘The effects of human rights related clauses in the EU-Mexico Global Agreement and the EU-Chile Association Agreement’ (11),

                  —

                  having regard to the Organisation for Economic Cooperation and Development (OECD) Guidelines on Multinational Enterprises, the UN Guiding Principles on Business and Human Rights and the International Labour Organisation (ILO), the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy and the ILO Decent Work Agenda,

                  —

                  having regard to the 2015 United Nations Framework Convention on Climate Change (Paris Agreement), which entered into force on 4 November 2016 (12), and which Chile has also ratified,

                  —

                  having regard to the Joint Declaration of the EU-Chile Joint Parliamentary Committee (JPC) of 3 November 2016 (13),

                  —

                  having regard to Article 21 of the Treaty on European Union (TEU) and Articles 8, 207(3) and 217 of the Treaty on the Functioning of the European Union (TFEU),

                  —

                  having regard to the draft negotiating guidelines adopted by the Commission on 24 May 2017,

                  —

                  having regard to the article on Chile in the yearbook of the International Work Group for Indigenous Affairs (IWGIA) entitled ‘The Indigenous World 2016’ (14),

                  —

                  having regard to Rule 108(4) and 52 of its Rules of Procedure,

                  —

                  having regard to the report of the Committee on International Trade (A8-0267/2017),

                  A.

                  whereas the ‘Trade for All’ strategy states that the ‘Commission must pursue a trade policy that benefits society as a whole and promotes European and universal standards and values alongside core economic interests, putting a greater emphasis on sustainable development, human rights, tax evasion, consumer protection, and responsible and fair trade’;

                  B.

                  whereas the EU and Chile are close partners with common values and a shared commitment to promoting effective multilateral trade governance and respect for human rights, as well as shared prosperity and security within a rules-based global system; whereas the Union is Chile’s third biggest trading partner; whereas Chile, for its part, is an important regional player and one of South America’s fastest-growing economies in recent decades, and reform efforts in the country are still ongoing;

                  C.

                  whereas the current AA, including its trade pillar, was concluded in 2002 and has been greatly beneficial to both parties since its implementation in 2003, doubling trade in goods and seeing an increasing trade in services and investments (15); considering, however, that both the EU and Chile have concluded more modern and ambitious trade agreements since;

                  D.

                  whereas in 2016 the EU exported goods to Chile to a value of more than EUR 8,6 billion, while Chile exported goods to the EU to a value of EUR 7,4 billion; whereas in 2015 the value of the EU’s trade in services with Chile accounted for EUR 3,8 billion and Chile’s EUR 2 billion; whereas the EU’s stocks of foreign direct investment (FDI) in Chile accounted for EUR 42,8 billion (16);

                  E.

                  whereas the current AA does not include, inter alia, separate chapters on investment, SMEs, intellectual property rights (IPR), energy and gender, nor does it include a trade and sustainable development chapter (TSDC), including obligations to enforce labour and environmental standards, and the promotion of best practices in areas such as corporate social responsibility (CSR) and sustainability assurance;

                  F.

                  whereas any EU trade negotiation must preserve the right and ability of governments to regulate in the public interest, such as the protection and promotion of public health, social services, social and consumer protection, public education, safety, environment, animal welfare, public morals, privacy and data protection, and the promotion and protection of cultural diversity;

                  G.

                  whereas any EU trade negotiation must guarantee the highest levels of social, labour and environmental protection achieved by the parties, and may serve as a tool to promote an agenda of social justice and sustainable development, both in the EU and throughout the world; whereas the modernisation of the AA should be seen as an opportunity for the EU and its Member States to further promote common high standards and commitments in their trade agreements, especially in the areas of labour rights, environmental protection, consumer rights and public welfare; whereas the Commission has announced a reflection on different ways to enforce these commitments which will also consider a sanctions-based mechanism;

                  H.

                  whereas the EU-Chile JCC, comprising civil society organisations from both parties, held its first meeting on 4 and 5 October 2016 with a view to monitoring the implementation of the existing AA, as well as the negotiations for its update, by channelling the input from civil society and promoting dialogue and cooperation between the EU and Chile beyond governmental channels; whereas the significant delay in establishing the JCC must not be repeated with respect to the modernised agreement; whereas once the modernised agreement enters into force, the participation of civil society must be based on clear structures, a balance of membership and reporting mandates;

                  I.

                  whereas the EU and Chile have been engaged in plurilateral negotiations to further liberalise trade in services (TiSA);

                  J.

                  whereas Chile is not a party, but an observer, to the WTO Agreement on Government Procurement (GPA), and is not participating in the plurilateral negotiations on an Environmental Goods Agreement (EGA);

                  K.

                  whereas Article 45 of the 2002 EU-Chile AA includes provisions in the cooperation chapter specifying that it should ‘contribute to strengthening policies and programmes that improve, guarantee and extend the equitable participation of men and women in all sectors of political, economic, social and cultural life’;

                  L.

                  whereas Chile is a signatory to the Trans Pacific Partnership (TPP), the future of which appears currently uncertain, has signed FTAs with all TPP signatories and is widely considered a stable and reliable partner;

                  M.

                  whereas in 2010 Chile became the first South American country to become a member of the OECD and has a sound macroeconomic framework;

                  N.

                  whereas it is important to maximise the opportunities offered by the modernisation of the AA’s trade pillar in the most inclusive manner for businesses, in particular SMEs, and citizens in both EU and Chile; whereas more could be done in this regard, including, inter alia, the dissemination of accessible information, which could trigger an important multiplying effect of benefits for the parties of the AA;

                  O.

                  whereas Chile has bilateral investment treaties (BITs) with 17 EU Member States, the content of which does not reflect the latest developments and best practice in investment policy, and which would be replaced and cease to apply once an agreement containing an investment chapter between the Union and Chile enters into force;

                  P.

                  whereas disproportionately strict conditions in Chilean legislation, with which EU fishing vessels must comply, impede those vessels when using port facilities in Chile in order to land, tranship, refuel or obtain fishing gear;

                  Q.

                  whereas the current export pattern of Chile contrasts sharply with the European export pattern, as it is heavily dominated by exports of raw materials, such as copper, fruit and vegetables;

                  1.

                  Recommends the following to the Council, the Commission and the EEAS:

                              (a)

                              to ensure that the European Parliament receives full, immediate and accurate information throughout the negotiations for the purposes of its role of deciding whether or not to grant consent to the conclusion of the modernised AA with Chile, including the agreement’s trade pillar; to bear in mind that, while AAs struck in accordance with Article 217 TFEU are traditionally of a mixed nature and cover areas beyond common commercial policy, following the opinion of the Court of Justice on the EU-Singapore FTA, a deep reflection on the path forward of the modernisation of the EU-Chile AA is necessary, in order to separate and safeguard the areas of exclusive and shared competence in trade, and to fully respect the distribution of competences between the Union and its Member States throughout the negotiation process, as well as with a view to the signature and conclusion of the agreements; to conclude, therefore, two separate agreements, clearly distinguishing between a trade and investment agreement which only contains issues under the Union’s exclusive competence and a second agreement which covers subjects whose competences are shared with Member States;

                              (b)

                              to note that both the EU and Chile have concluded more modern, ambitious and comprehensive trade agreements since their bilateral AA entered into force and that a number of areas remain unaddressed by it, which are important to ensure that it contributes to shared growth, equal opportunities, decent jobs and sustainable development, including the respect and promotion of labour and environmental standards, animal welfare, and gender equality for the benefit of citizens on both sides;

                              (c)

                              to consider it important and necessary to seek to modernise the EU-Chile AA to take into account the economic and political development over the last 15 years, in particular its trade component, in the spirit of reciprocity, mutual benefit and balance, and to note the consistent support for a modernisation expressed by the EU-Chile JPC, as well as the fact that the JCC welcomed the steps taken towards an update;

                              (d)

                              to recall that globalisation and trade policy have recently been the subject of intense debate in Europe and elsewhere, because of the potentially unequal distribution of its gains; to consider that it is necessary to anticipate trends and possible consequences, to guarantee a more inclusive distribution of the benefits of trade and to provide adequate protection to those who do not benefit from the agreement and who may be disadvantaged in the subsequent process; to develop policy action, therefore, primarily at national but also Union level in other spheres, beyond the provisions of the trade agreements themselves, ranging from industrial, fiscal and social policies;

                              (e)

                              to recall the importance of the multilateral agenda and that any bilateral negotiation must not undermine the ambition to achieve progress multilaterally; to consider that reinforced bilateral relations and joint cooperation between the EU and Chile should also facilitate greater collaboration and synergy among the parties in multilateral and plurilateral settings; to encourage, in this regard, full participation of Chile in the negotiations for the WTO EGA and the WTO Revised GPA;

                              (f)

                              to put shared values at the core of the modernisation process and to continue the practice of including a human rights clause, as is done in all AAs;

                              (g)

                              to ensure that a modernised AA guarantees, throughout the entire text, and enshrines explicitly and unequivocally, the right and ability of the parties to adopt and apply their own laws and regulations in the public interest, in order to achieve legitimate public policy objectives such as the protection and promotion of human rights, including access to water, public health, social services, public education, safety, the environment, public morals, social or consumer protection, privacy and data protection, and the promotion and protection of cultural diversity; to ensure that no investor claim can successfully undermine these objectives; to underline, in this regard, that the EU’s FTAs do not aim to restrict the legitimate interests of the Union, its Member States or sub-federal entities to regulate in the public interest;

                              (h)

                              on the negotiations on trade in goods, to seek ambitious improvements to market access across tariff lines, lifting unnecessary barriers, including with regard to access to port facilities for EU vessels, while respecting that there are a number of sensitive agricultural, manufacturing and industrial products which should be given appropriate treatment, for example though tariff-rate quotas (TRQs), adequate transition periods or outright exclusion, if necessary; to include a usable and effective bilateral safeguard clause enabling the temporary suspension of preferences, if, as a result of the entry into force of the modernised AA, a rise in imports causes or threatens to cause serious injury to sensitive sectors;

                              (i)

                              to include in its negotiating directives the objective to simplify rules of origin and customs procedures with a view to adapting them to the reality of increasingly complex global value chains; to ensure that a modernised AA includes anti-fraud provisions and measures, and commitments to standardise customs’ rules and practices, with a view to increasing transparency, effectiveness, legal certainty and cooperation between customs authorities, while modernising and simplifying procedures, as enshrined in the WTO Trade Facilitation Agreement (TFA) and the revised Kyoto Convention;

                              (j)

                              on trade in services, to consider that the potential of the service sector is not fully accomplished in the current AA, and that a modernised AA should address unnecessary barriers for the purposes of market access and national treatment; to consider that commitments should be taken by building on the General Agreement on Trade in Services (GATS) and that rules should be updated as necessary to account for new developments; to exclude audiovisual services from the scope of application of the agreement; to ensure and explicitly foresee that the modernised AA does not hinder the parties’ ability to define, regulate, provide and support public services in the public interest, that it will by no means require governments to privatise any service, neither will it prevent governments from providing public services previously supplied by private service suppliers or from bringing back under public control services that governments have previously chosen to privatise, nor will it preclude governments from expanding the range of services they supply to the public by excluding any clauses, provisions or commitments that would undercut the necessary flexibility to bring current and future services of general economic interest back into public control;

                              (k)

                              to ensure that a modernised agreement establishes the necessary steps providing for increased regulatory transparency and mutual recognition, including provisions to ensure impartiality and respect for the highest standards of protection with regard to requirements, qualifications and licences, and to foresee, in this regard, institutional mechanisms for consultation that involve various stakeholders such as SMEs and civil society organisations;

                              (l)

                              to ensure that, while commitments are made to facilitate the entry and stay of natural persons for business purposes, foreign service-providers have to comply with EU and Member State social and labour legislation, and with applicable collective agreements when workers benefit from Mode 4 commitments;

                              (m)

                              to ensure that ambitious regulatory cooperation and the harmonisation of standards remain voluntary, respect the autonomy of regulatory authorities, are based on enhanced information exchange and administrative cooperation with a view to identifying unnecessary barriers and administrative burdens, and preserve the precautionary principle; to recall that regulatory cooperation must aim to benefit governance of the global economy by intensified convergence and cooperation on international standards, guaranteeing the highest level of consumer, environmental, social and labour protection;

                              (n)

                              to consider that the modernised AA include for financial services a prudential carve-out building upon that contained in the EU-Canada Comprehensive Economic and Trade Agreement (CETA) to enshrine the policy space for the parties to regulate their financial and banking sectors with a view to ensuring the stability and integrity of the financial system; to include safeguard measures and general exceptions with regard to capital movements and payments, to be applied when these may cause, or threaten to cause, serious difficulties for the smooth operation of the economic and monetary union or the balance of payments of the EU;

                              (o)

                              to include provisions on tax good governance and transparency standards that reaffirm the parties’ commitment to implementing international standards in the fight against tax fraud, evasion and avoidance, in particular the relevant OECD Base Erosion and Profit Shifting recommendations, and that include requirements for automatic exchanges of information and the establishment of public registers of beneficial ownership for business trusts and concrete provisions in the chapters on financial services, capital movement and establishment, towards the exclusion of undetected tax planning by corporations;

                              (p)

                              to recall that corruption undermines human rights, equality, social justice, trade and fair competition, impeding economic growth; to explicitly commit the parties, through the inclusion of a specific section outlining clear and strong commitments and measures, to combat corruption in all its forms and to implement international standards and multilateral anti-corruption conventions;

                              (q)

                              to consider that strong provisions on the opening of public procurement, promoting the most advantageous tender principle which includes social, environmental and innovative criteria, simplified procedures and transparency for bidders, including effective access for those from other countries, can also be effective tools to combat corruption and foster integrity in public administration, while providing value for money to taxpayers; to deliver in a modernised AA improved access to public procurement markets, including at sub-central level, and transparent procedures based on national treatment, impartiality and fairness;

                              (r)

                              to ensure that investment policy includes good governance and investment facilitation, and to develop and enshrine investors’ obligations while improving the protection of investors;

                              (s)

                              to ensure that the negotiating directives instruct the Commission to negotiate a modern investment chapter, taking into account best practices internationally, such as the United Nations Conference on Trade and Development (UNCTAD) Investment Policy Framework for Sustainable Development and the latest opinion of the Court of Justice on the EU-Singapore FTA;

                              (t)

                              to make progress towards a necessary international reform of the dispute settlement regime; to seek a commitment by all parties to prioritise recourse to competent courts and replace investor-to-state dispute settlement (ISDS) with a public investment court system (ICS) with an appeal mechanism, strict rules on conflict of interest and an enforceable code of conduct; to consider investors’ obligations and to preserve the right to regulate to achieve legitimate public policy objectives such as those related to health and water distribution, as well as labour and environmental protection; to aim to prevent frivolous litigation and include all democratic procedural guarantees, such as the right to non-discriminatory access to justice (with particular attention to SMEs), judicial independence, and transparency and accountability, while working towards the establishment of a multilateral investment court (MIC);

                              (u)

                              to ensure that the modernised AA contains a robust and ambitious TSDC that includes binding and enforceable provisions which are subject to suitable and effective dispute settlement mechanisms, which consider, among various enforcement methods, a sanctions-based mechanism, and which enable social partners and civil society to participate appropriately; to consider that the TSDC should cover, inter alia, the parties’ commitment to adopting and maintaining in their national laws and regulations the principles enshrined in core ILO conventions and to implementing up-to-date ILO instruments effectively, especially the governance conventions, the Decent Work Agenda, ILO Convention No 169 on the rights of indigenous peoples, the Convention on Equal Opportunities and Equal Treatment for Men and Women Workers, the Convention on Domestic Workers, and the Workers with Family Responsibilities Convention, labour standards for migrant workers, and CSR, including the uptake of sectoral OECD guidelines and UN Guiding Principles on Business and Human Rights and a procedure whereby the social partners and civil society assembled in the JCC can call for the launch of government consultations;

                              (v)

                              to ensure, with reference to the progress achieved by Chile in bilateral trade negotiations with Uruguay and Canada, that the parties include a specific chapter on trade and gender equality and women’s empowerment, beyond the parties’ adherence to and respect for international human rights, labour and social standards, foreseeing active measures aiming to enhance opportunities for women to benefit from the opportunities provided by the AA; to provide for measures aimed at, inter alia, a better work-family life balance and access to social and health services; to ensure, inter alia, that the parties commit to collecting disaggregated data allowing for thorough ex ante and ex post analysis on the impact of the modernised AA on gender equality; to pursue an enhanced participation of women enterprises (particularly micro-enterprises and SMEs) in public procurement, building on the experience of the Chilean Ministry of Gender Equality which, in 2015, established a supporting programme to strengthen women entrepreneurs’ participation as suppliers in the public procurement market of ‘Chile Compras’; to support the internationalisation of women enterprises and the participation of women in Mode 4 opportunities; to ensure the inclusion of gender equality expertise in the negotiating teams and periodic discussions on the implementation of this chapter within the JCC, which should also integrate organisations that promote gender equality;

                              (w)

                              to include, moreover, a comprehensive chapter on micro-enterprises and SMEs foreseeing substantial progress in terms of trade facilitation, the elimination of trade barriers and unnecessary administrative burdens, as well as active measures aiming to ensure that the resulting opportunities are sufficiently usable and communicated to all main and potential actors (i.e. though the establishment of single windows, dedicated websites and the publication of sectoral guidebooks with information on procedures and new opportunities for trade and investment);

                              (x)

                              to include an energy chapter that would cover, inter alia, renewable energy and raw materials; to acknowledge the importance of the implementation of multilateral environmental agreements, notably the Paris Agreement on Climate Change, to include trade-related provisions and commitments to engage in international instruments, negotiations and mutually supportive trade and environmental policies responding to the objectives of the circular economy, including commitments on green growth, and to support and further promote trade and investment in environmental goods and services and renewable energies, as well as climate-friendly technologies;

                              (y)

                              to adopt negotiating directives which reinforce the animal welfare provisions included in the current AA through the establishment of effective bilateral cooperation on the matter and conditional liberalisation for when animal welfare is put at risk in the production of certain products;

                              (z)

                              to adopt negotiating directives that spell out requirements to address enforcement of competition law, provisions on sanitary and phytosanitary (SPS) measures, to reflect the principles of transparency, procedural fairness and non-discrimination as well as rules regarding subsidies;

                              (aa)

                              to bear in mind that any trade agreement must enshrine consumer welfare as one of the overall objectives and to ensure that the AA commits the parties to a high level of consumer safety and protection, and adherence to the highest international standards, and to develop coherent best practice, particularly regarding the protection of consumers in the fields of financial services, product labelling and e-commerce;

                              (ab)

                              to accept that the negotiations must result in strong and enforceable provisions covering the recognition and protection of all forms of intellectual property rights, including ambitious provisions on geographical indications (GIs) building upon but extending those contained in the existing AA, ensuring better market access, an enhanced enforcement and the possibility to add new GIs; to ensure that the revised AA includes an IPR chapter that guarantees the necessary flexibility and that IPR-related provisions do not undermine access to affordable, essential medicines and medical treatment under domestic public health programmes; to ensure that this chapter goes beyond the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS);

                              (ac)

                              to ensure that the parties guarantee the highest possible level of transparency and participation, ensuring that the objectives of the negotiations are fulfilled, and that this involves constant and duly informed dialogues with all the parties concerned, which comprise both stakeholders, such as business and trade unions, and civil society, including indigenous representatives; to involve systematically, in this regard, both the competent parliamentary bodies, particularly the EU-Chile JPC and the JCC, throughout the full life cycle of the AA, from negotiations to implementation and evaluation, and to support, with regard to the implementation phase, the creation of an official Chilean civil society participation body reflecting the pluralism of Chilean society, attaching particular attention to its indigenous peoples; to ensure to this end, without undermining the EU’s negotiating strategy, together with Chile, that all relevant information is published in the most accessible way to the general public, including fact sheets translated into Spanish as the shared official language;

                              (ad)

                              to bear in mind Parliament’s calls for mandates for trade negotiations to be made accessible to the public and to publish the negotiating directives for the modernisation of the AA immediately after their adoption;

                              (ae)

                              to ensure that the AA provides the necessary mechanisms so that it is respected in practice during implementation, including a modern, effective state-to-state dispute settlement mechanism;

                  2.

                  Instructs its President to forward this recommendation to the Council, the Commission, the EEAS, the Governments and Parliaments of the Member States, and to the Government and Parliament of the Republic of Chile.

         (1)  OJ L 352, 30.12.2002, p. 3.

         (2)  Council Press Release 197/15, 21.4.2015.

         (3)  http://www.eesc.europa.eu/?i=portal.en.events-and-activities-eu-chile-jcc-01-declaration

         (4)  https://ec.europa.eu/commission/sites/beta-political/files/reflection-paper-globalisation_en.pdf

         (5)  https://ec.europa.eu/commission/sites/beta-political/files/reflection-paper-social-dimension-europe_en.pdf

         (6)  https://www.ombudsman.europa.eu/en/cases/decision.faces/en/58668/html.bookmark

         (7)  Texts adopted, P8_TA(2016)0041.

         (8)  Texts adopted, P8_TA(2017)0284.

         (9)  Texts adopted, P8_TA(2016)0298.

         (10)  OJ C 99 E, 3.4.2012, p. 94.

         (11)  http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_STU% 282017%29558764

         (12)  http://unfccc.int/files/essential_background/convention/application/pdf/english_paris_ agreement.pdf

         (13)  http://www.europarl.europa.eu/cmsdata/113103/1107500EN.pdf

         (14)  http://www.iwgia.org/publications/search-pubs?publication_id=740

         (15)  http://ec.europa.eu/trade/policy/countries-and-regions/countries/chile/

         (16)  http://trade.ec.europa.eu/doclib/docs/2006/september/tradoc_113364.pdf