               30.11.2017

               EN

               Official Journal of the European Union

               C 408/43

         P7_TA(2014)0258
   Common visa restrictions for Russian officials involved in the Sergei Magnitsky case
   European Parliament recommendation to the Council of 2 April 2014 on establishing common visa restrictions for Russian officials involved in the Sergei Magnitsky case (2014/2016(INI))
   (2017/C 408/06)

      The European Parliament,

               —

               having regard to Article 215 TFEU,

               —

               having regard to the proposal for a recommendation to the Council by Guy Verhofstadt and Kristiina Ojuland, on behalf of the ALDE Group, on establishing common visa restrictions for Russian officials involved in the Sergei Magnitsky case (B7-0473/2013),

               —

               having regard to its recommendation of 2 February 2012 to the Council on a consistent policy towards regimes against which the EU applies restrictive measures (1),

               —

               having regard to its recommendation of 23 October 2012 to the Council on establishing common visa restrictions for Russian officials involved in the Sergei Magnitsky case (2),

               —

               having regard to the statement by the Vice-President of the Commission/High Representative of the Union for Foreign affairs and Security Policy (VP/HR), Catherine Ashton, of 20 March 2013 on the Magnitsky case in the Russian Federation,

               —

               having regard to the statement by the spokesperson of VP/HR Catherine Ashton of 12 July 2013 on the case of Sergei Magnitsky,

               —

               having regard to the resolution and recommendation of the Parliamentary Assembly of the Council of Europe of 28 January 2014 on refusing impunity for the killers of Sergei Magnitsky,

               —

               having regard to the decisions by the United States to impose travel restrictions on a number of officials involved in the Sergei Magnitsky case and to similar considerations in a number of other countries,

               —

               having regard to its resolution of 11 December 2013 on the Annual Report on Human Rights and Democracy in the World 2012 and the European Union’s policy on the matter (3),

               —

               having regard to Rule 121(3) of its Rules of Procedure,

               —

               having regard to the report of the Committee on Foreign Affairs (A7-0215/2014),

               A.

               whereas the arrest and subsequent death in custody of Sergei Magnitsky represent a well-documented and significant case of disrespect for human rights and fundamental freedoms in Russia, have cast doubt on the independence and impartiality of its judicial institutions, and serve as a reminder of the many documented shortcomings in respect for the rule of law in Russia;

               B.

               whereas two independent investigations, conducted respectively by the Public Oversight Commission for Human Rights Observance in Moscow Detention Centres and by the Russian Presidential Council on the Development of Civil Society and Human Rights, have revealed that Sergei Magnitsky was subjected to inhumane conditions, deliberate neglect and torture;

               C.

               whereas Russia, as a member of several international organisations such as the Council of Europe, the Organisation for Security and Cooperation in Europe and the United Nations, has committed itself to the protection and promotion of human rights, fundamental freedoms and the rule of law, and whereas the European Union has repeatedly offered additional assistance and expertise to help Russia to modernise and abide by its constitutional and legal order, in line with Council of Europe standards;

               D.

               whereas there is an increasing need for a firm, coherent and comprehensive EU policy towards Russia, supported by all the Member States, with support and assistance backed up by firm and fair criticism, including sanctions and restrictive measures where necessary;

               E.

               whereas visa restrictions and other restrictive measures are not traditional judicial sanctions per se but nevertheless constitute a political signal of the EU’s concern to a greater target audience and thus remain a necessary and legitimate foreign-policy tool;

               F.

               whereas the High Representative has failed to place this issue on the agenda of the Foreign Affairs Council and whereas the recommendation by the European Parliament of 26 October 2012 has not received any official follow-up;

               1.

               Addresses the following recommendations to the Council:

                           (a)

                           to establish a common EU list of officials responsible for the death of Sergei Magnitsky, for the subsequent judicial cover-up and for the ongoing and continuing harassment of his mother and widow;

                           (b)

                           to impose and implement an EU-wide visa ban on these officials and to freeze any financial assets that they, or their immediate family, may hold within the European Union;

                           (c)

                           to allow for regular revision of the proposed visa ban list;

                           (d)

                           following the Sergei Magnitsky Rule of Law Accountability Act of 2012, to place, among others, the following Russian citizens on an EU-wide visa ban list and to seize any financial assets that they may hold within the EU:
                           ALISOV, Igor, born 11 March 1968;
                           DROGANOV, Aleksey (a.k.a. DROGANOV, Alexei), born 11 October 1975;
                           EGOROVA, Olga, born 29 June 1955;
                           GAUS, Alexandra, born 29 March 1975;
                           GERASIMOVA, Anastasia, born 22 January 1982;
                           GRIN, Victor, born 1 January 1951;
                           KARPOV, Pavel, born 27 August 1977;
                           KHIMINA, Yelena (a.k.a. KHIMINA, Elena), born 11 February 1953;
                           KLYUEV, Dmitry (a.k.a. KLYUEV, Dmitriy or KLYUEV, Dmitri), born 10 August 1967;
                           KOMNOV, Dmitriy (a.k.a. KOMNOV, Dmitri), born 17 May 1977;
                           KRIVORUCHKO, Aleksey (a.k.a. KRIVORUCHKO, Alex or KRIVORUCHKO, Alexei), born 25 August 1977;
                           KUZNETSOV, Artem (a.k.a. KUZNETSOV, Artyom), born 28 February 1975;
                           LOGUNOV, Oleg, born 4 February 1962;
                           MAYOROVA, Yulya (a.k.a. MAYOROVA, Yulia), born 23 April 1979;
                           PAVLOV, Andrey (a.k.a. Pavlov, Andrei), born 7 August 1977;
                           PECHEGIN, Andrey (a.k.a. PECHEGIN, Andrei), born 24 September 1965;
                           PODOPRIGOROV, Sergei, born 8 January 1974;
                           PONOMAREV, Konstantin, born 14 August 1971;
                           PROKOPENKO, Ivan Pavlovitch, born 28 September 1973;
                           REZNICHENKO, Mikhail, born 20 February 1985;
                           SAPUNOVA, Marina, born 19 June 1971;
                           SHUPOLOVSKY, Mikhail, born 28 September 1983;
                           SILCHENKO, Oleg, born 25 June 1977;
                           STASHINA, Yelena (a.k.a. STASHINA, Elena or STASHINA, Helen), born 5 November 1963;
                           STEPANOVA, Olga, born 29 July 1962;
                           STROITELEV, Denis, born 23 January 1973;
                           TAGIEV, Fikhret, born 3 April 1962;
                           TOLCHINSKIY, Dmitry (a.k.a. TOLCHINSKY, Dmitriy or TOLCHINSKIY, Dmitri), born 11 May 1982;
                           UKHNALYOVA, Svetlana (a.k.a. UKHNALEV, Svetlana or UKHNALEVA, Svetlana V.), born 14 March 1973;
                           URZHUMTSEV, Oleg, born 22 October 1968;
                           VINOGRADOVA, Natalya, born 16 June 1973;
                           VORONIN, Victor, born 11 February 1958;

                           (e)

                           to urge Russia to undertake a credible, thorough and independent investigation of Sergei Magnitsky's death in pre-trial detention, and to bring all those responsible to justice;

                           (f)

                           to call on Russia to close the posthumous trial of Sergei Magnitsky and stop putting pressure on his mother and widow to participate in these proceedings;

               2.

               Instructs its President to forward this recommendation to the Council and the Commission, to the governments of the Member States, and to the State Duma and the Government of Russia.

      (1)  OJ C 239 E, 20.8.2013, p. 11.

      (2)  OJ C 68 E, 7.3.2014, p. 13.

      (3)  Texts adopted, P7_TA(2013)0575.


title: Council Recommendation of 20 November 2017 on tracking graduates (Text with EEA relevance. )

text:
               9.12.2017

               EN

               Official Journal of the European Union

               C 423/1

         COUNCIL RECOMMENDATION
   of 20 November 2017
   on tracking graduates
   (Text with EEA relevance)
   (2017/C 423/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 165 and 166 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The employability of graduates leaving education and training is a matter of concern in many Member States, in particular because the employment rate of recent higher education graduates in the Union has not fully recovered after the 2008 financial crisis (1) and the employment situation of graduates of vocational education and training programmes varies across Member States.

               (2)

               Therefore, Member States, in cooperation with social partners, were encouraged, through the Guidelines for the Employment Policies of the Member States for 2015 (2), to promote productivity and employability through an appropriate supply of relevant knowledge, skills and competences.

               (3)

               To achieve that objective, good quality information about what graduates do after obtaining their qualification or leaving education and training is essential, in order to both understand the causes of graduate employability problems in particular regions, economic sectors or for graduates from particular higher education or vocational education and training disciplines, and to identify solutions for those employability problems. The value of such information is highlighted in both the Standards and Guidelines for Quality Assurance in the European Higher Education Area (ESG) (3) and the European Quality Assurance Framework for Vocational Education and Training (EQAVET) (4).

               (4)

               However, since the systems for collecting, analysing and using data on the outcomes for graduates from higher education and vocational education and training are not well developed in many parts of the Union, better information is needed for students to make informed choices about what to study, or for the design of educational programmes or government policy.

               (5)

               Moreover, transitions to the labour market are largely driven by the economic context, level of qualification and field of study. They are also influenced by socio-demographic factors and socioeconomic background of the family (5). Therefore gathering data on the impact of those various factors is essential to address the issue comprehensively.

               (6)

               Although many Member States are developing systems for tracking, the exchange of knowledge, good practice and mutual learning is limited.

               (7)

               Since existing comparable data are limited in scope and data collected nationally are not comparable to that collected in other Member States, it is challenging to draw any conclusions from differences in trends or outcomes across countries and regions.

               (8)

               The results of the public consultation (6) on the Union's modernisation agenda for higher education revealed concerns that higher education is not providing graduates with the knowledge, skills and competences that they need to thrive in a rapidly evolving educational and employment environment, and that there remain continued skills mismatches in some Member States.

               (9)

               Member States have called for action at Union level, aimed at improving the flow of information about employability, skills mismatches and labour market needs. In particular, the 2015 Joint Report of the Council and the Commission on the implementation of the strategic framework for European cooperation in education and training (ET 2020) (7) proposes the promotion of the relevance of higher education to the labour market and society, including through better intelligence and anticipation about labour market needs and outcomes, for example tracking the career of graduates.

               (10)

               Member States also committed themselves to ensuring continuous information and feedback loops in the Riga Conclusions of 2015 on a new set of medium-term deliverables in the field of VET for the period 2015-2020, through actions such as the use of data on VET graduate employability and a combination of data on learning, labour market entry and career, developing capacities of actors at national level to use graduate data for adapting curricula, occupational profiles and the content of VET qualifications to new economic and technical requirements.

               (11)

               Subsequently, in the Resolution on promoting socioeconomic development and inclusiveness in the EU through education: the contribution of education and training to the European Semester 2016 (8), Member States highlighted the importance of addressing skills mismatches and skills gaps as a matter of priority.

               (12)

               This built on previous work. Member States agreed, in the Council Conclusions on entrepreneurship in education and training (9) from 2014, to make use of tracking information, wherever possible, when assessing the quality and effectiveness of entrepreneurship education and training.

               (13)

               In 2013, Member States agreed, in the Council Conclusions on the Social Dimension of Higher Education (10), to facilitate the provision of information on educational and labour market-related opportunities and outcomes.

               (14)

               Member States also agreed, in the Council Conclusions on the employability of graduates from education and training (11) of 2012, to establish a benchmark that by 2020, 82 % of 20-34-year-old graduates, having left education and training no more than three years before the reference year, should be employed and to monitor the share of employed graduates from education and training, with a view to enhancing the evidence base for policy development on the interface between education and training and employment, while Member States and the Commission agreed to collect qualitative information and good practices, in order to complement quantitative monitoring and enhance the foundation for evidence-based policymaking.

               (15)

               Therefore, the European Commission, in the Communication on a New Skills Agenda for Europe (12), has prioritised the improvement of skills intelligence and information for better career choices by proposing an initiative on tertiary graduate tracking to support Member States in improving information about the transition of graduates to the labour market. In this context this Recommendation provides a complementary approach to Member States' initiatives, and commitments are of voluntary nature,

         RECOMMENDS THAT MEMBER STATES:
   In accordance with relevant national and Union law, in particular Directive 95/46/EC concerning the protection of personal data (13), available resources and national circumstances, and in close cooperation with all relevant stakeholders:

               1.

               Improve the availability and quality of data about the activities of graduates (14) and, where appropriate, people leaving higher education and vocational education and training without graduating, including making progress by 2020 on the establishment of graduate tracking systems that may include:

                           (a)

                           the collection of relevant anonymised administrative statistical data from education, tax, population and social security databases;

                           (b)

                           the development of longitudinal graduate surveys at education system and, where appropriate, institutional level, in recognition of the importance of qualitative data on people's transition to the labour market, or to further education and training, and their subsequent career paths; and

                           (c)

                           the possibility for public authorities to link, on an anonymised basis, data from different sources, in order to build a composite picture of graduate outcomes.

      Content of data to be collected

               2.

               In recognition of the ambition behind this Council Recommendation of improving the comparability of data, Member States should collect data in the following areas:

                           (a)

                           socio-biographical and socioeconomic information;

                           (b)

                           information on education and training;

                           (c)

                           information on employment or further education and training;

                           (d)

                           relevance of education and training to employment or life-long learning;

                           (e)

                           career progression.

      Longitudinal graduate surveys

               3.

               Encourage a high, representative and continued response rate to longitudinal graduate surveys, and, when possible, the tracking of graduates who have migrated, whether for the purposes of education and training or on completion of their education and training.

      European Cooperation

               4.

               Participate in a network of experts, which encourages cooperation and mutual learning among Member States regarding tracking systems and their further development. This network will explore options for developing comparable data and common definitions, as referred to in paragraph 2. With regard to longitudinal surveys, as referred to in paragraphs 3 and 9, the network will explore options for developing common principles, optimal frequency and how to track graduates who have migrated.

               5.

               This network is to be organised in line with existing governance structures for cooperation within the Education and Training 2020 framework, without prejudice to any new structures which may follow it.

      Dissemination and exploitation of results

               6.

               Take steps to ensure the timely, regular and broad dissemination and exploitation of the results of graduate tracking analysis, with the objective of:

                           (a)

                           strengthening career guidance for prospective students, current students and graduates;

                           (b)

                           supporting the designing and updating of curricula to improve acquisition of relevant skills and employability;

                           (c)

                           improving skills matching to support competitiveness and innovation at local, regional and national level, and to resolve skills shortages;

                           (d)

                           planning for and forecasting of evolving employment, educational and social needs; and

                           (e)

                           contributing to policy development at both national and Union level.

      Funding

               7.

               Ensure the sustainability of graduate tracking initiatives by allocating adequate and multi-annual resources, making use of national or European sources of funding, such as Erasmus+ or European Structural and Investment Funds, where appropriate and in line with existing resources, legal basis and priorities defined for the period 2014-2020, without any prejudice to negotiations on the next Multiannual Financial Framework.

      Reporting

               8.

               Within two years from the adoption of this Recommendation, and regularly thereafter, assess and report to the Commission, through the network of experts, on progress in the implementation of this Recommendation,

         HEREBY RECOMMENDS THAT THE COMMISSION:

               9.

               Develop the pilot phase of a European graduate survey in tertiary education (15), which aims to improve the availability of comparable information on graduate employment and social outcomes taking into account the results of the Eurograduate Feasibility Study (16) and the experiences of Member States with their graduate tracking systems. Within three years from the adoption of this Recommendation, present a report of the results of this pilot study to the network of experts. Should the pilot phase prove successful, the Commission will consult Member States about whether to proceed to a full roll-out of a European graduate survey in tertiary education.

               10.

               Provide capacity building support as needed, for the establishment of graduate tracking systems, based on good practices. In the case of vocational education and training, this will include a comprehensive mapping across Member States, that addresses options for cooperation at Union level and could serve as a basis for exploring the feasibility of a European graduate survey in vocational education and training, if deemed necessary. In the context of capacity buiding, support will also be provided for cooperation among authorities, providers of vocational education and training and guidance services with a view to improving the availability, comparability and reliability of graduate tracking data.

               11.

               Promote mutual learning and exchange of best practices, strengthen cooperation by establishing and supporting the network of experts, and cooperate with other relevant expert groups, international organisations and EU institutions and agencies.

               12.

               Ensure that results of graduate tracking analysis are made available for use by Member States and stakeholders.

               13.

               Support the use of European sources of funding, such as Erasmus+ or European Structural and Investment Funds, where appropriate and in line with their financial capacity, legal basis, decision-making procedures and priorities defined for the period 2014-2020, without any prejudice to negotiations on the next Multiannual Financial Framework.

               14.

               Report to the Council on the implementation of this Recommendation within five years of its adoption.

      Done at Brussels, 20 November 2017.

            For the Council

            The President

         M. REPS

      (1)  COM(2015) 690 final.

      (2)  Council Decision (EU) 2015/1848 of 5 October 2015 on guidelines for the employment policies of the Member States for 2015 (OJ L 268, 15.10.2015, p. 28).

      (3)  ISBN 952-5539-04-0.

      (4)  Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Quality Assurance Reference Framework for Vocational Education and Training (OJ C 155, 8.7.2009, p. 1).

      (5)  On the impact of the sex and migration background on transition from school to the labour market, see OECD/European Union (2015), Indicators of Immigration Integration 2015 — Settling In, Chapter 13.

      (6)  SWD(2016) 195 final.

      (7)  OJ C 417, 15.12.2015, p. 25.

      (8)  Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 24 February 2016 on promoting socioeconomic development and inclusiveness in the EU through education: the contribution of education and training to the European Semester 2016 (OJ C 105, 19.3.2016, p. 1).

      (9)  OJ C 17, 20.1.2015, p. 2.

      (10)  OJ C 168, 14.6.2013, p. 2.

      (11)  OJ C 169, 15.6.2012, p. 11.

      (12)  COM(2016) 381 final.

      (13)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

      (14)  For the purposes of this Council Recommendation, ‘graduate’ refers to a person completing any level of higher education or vocational education and training (at EQF level 4 and above). It is recognised, however, that some Member States have initiatives to track school leavers also.

      (15)  At EQF level 5 and above.

      (16)  The Eurograduate Feasibility Study covers only higher education.


               30.11.2017

               EN

               Official Journal of the European Union

               C 408/46

         P7_TA(2014)0259
   69th Session of the United Nations General Assembly
   European Parliament recommendation to the Council of 2 April 2014 on the 69th session of the United Nations General Assembly (2014/2017(INI))
   (2017/C 408/07)

      The European Parliament,

               —

               having regard to the Treaty on European Union (TEU), in particular Articles 21 and 34 thereof,

               —

               having regard to the proposal for a recommendation to the Council on the 69th Session of the United Nations General Assembly (UNGA) by Alexander Graf Lambsdorff, on behalf of the ALDE Group (B7-0014/2014),

               —

               having regard to the 68th Session of the UNGA,

               —

               having regard to its recommendation to the Council of 11 June 2013 on the 68th Session of the UNGA (1),

               —

               having regard to the EU’s priorities for the 68th Session of the UNGA, as adopted by the Council on 24 June 2013 (2),

               —

               having regard to the UNGA resolution of 3 May 2011 on the participation of the European Union in the work of the United Nations (3), and to the European Parliament resolution of 11 May 2011 on ‘the EU as a global actor: its role in multilateral organisations’ (4),

               —

               having regard to its resolution of 25 November 2010 on the 10th anniversary of UN Security Council resolution 1325 (2000) on ‘Women, Peace and Security’ (5),

               —

               having regard to its resolution of 7 July 2011 on ‘EU external policies in favour of democratisation’ (6),

               —

               having regard to UN Security Council resolution 2106 of 24 June 2013, on ‘increasing the efforts against impunity for perpetrators of sexual violence’ and the previous resolutions on this topic (7),

               —

               having regard to its recommendation to the Council of 18 April 2013 on ‘the UN principle of the Responsibility to Protect’ (8),

               —

               having regard to its resolution of 8 October 2013 on ‘corruption in the public and private sectors: the impact on human rights in third countries’ (9),

               —

               having regard to its resolution of 7 February 2013 on the 22nd session of the UN Human Rights Council (10),

               —

               having regard to Rules 121(3) and 97 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A7-0250/2014),

               A.

               whereas the commitment to effective multilateralism, with the United Nations at its core, is an intrinsic element of the EU’s external policy, grounded in the belief that an effective multilateral system is required in order to reach common goals and address global crises, challenges and threats;

               B.

               whereas together the EU and its Member States are the single largest financial contributor to the UN system (regular budget, programmes and UN funds, and peacekeeping budget);

               C.

               whereas a solid and stable EU-UN partnership is fundamental to the work of the UN under all three pillars — peace and security, human rights and development — and is also key to the EU’s role as a global actor;

               D.

               whereas human rights and democracy are founding values of the EU and principles and objectives of European external action; whereas respect for, and the promotion and safeguarding of, the universality and indivisibility of human rights are cornerstones of European unity and integrity;

               E.

               whereas current emission trajectories are likely to lead to a 2 oC warming within 20 to 30 years and a 4 oC warming by 2100, according to the World Bank report ‘Turn Down the Heat’; whereas UN Secretary-General Ban Ki-moon has invited Heads of State to the Climate Summit in September 2014 with a view to making clear commitments to further action on climate change;

               F.

               whereas, as the world’s leading donor, the EU supports both intensified efforts to meet the 2015 Millennium Development Goals (MDGs) deadline and a joint approach targeting poverty eradication and sustainable development;

               G.

               whereas the priority theme of the 58th session of the Commission on the Status of Women will be the challenges and achievements in the implementation of the Millennium Development Goals for women and girls;

               H.

               whereas corruption in the public and private sectors perpetrates and aggravates inequalities and discrimination when it comes to equal enjoyment of civil, political, economic, social and cultural rights, and it is proven that acts of corruption and human rights violations involve the misuse of power, a lack of accountability and various forms of discrimination;

               I.

               whereas the development of the principle of Responsibility to Protect is an important step towards anticipating, preventing and responding to genocide, war crimes, ethnic cleansing and crimes against humanity; whereas this principle should be applied as consistently and uniformly as possible;

               J.

               whereas the ratification of both Kampala amendments by States and the granting of jurisdiction over the crime of aggression to the International Criminal Court will further contribute to ending impunity for the perpetrators of this crime;

               K.

               whereas in situations where Responsibility to Protect is applied, it is of the utmost importance to maintain the distinction of mandates between military and humanitarian actors, in order to safeguard the perception of the neutrality and impartiality of all humanitarian actors and avoid putting at risk the effective delivery of aid and assistance;

               1.

               Addresses the following recommendations to the Council:

         Human rights, democracy and the rule of law

               (a)

               to actively promote the specific follow-up and implementation of the declaration of the High-level Meeting on the Rule of Law at National and International Levels of 24 September 2012, and explore to what extent the Rule of Law can be linked to the ongoing reflections on the post-2015 MDGs;

               (b)

               to strengthen international efforts aimed at ensuring that all human rights agreed under UN conventions are considered universal, indivisible, interdependent and interrelated, and that their respect is being enforced; to promote the mainstreaming of human rights and basic freedoms in all aspects of the UN’s work;

               (c)

               to seek to strengthen the process of the Universal Periodic Review (UPR) by embedding recommendations in bilateral and multilateral dialogues with UN members, particularly human rights dialogues; to foster an environment enabling NGOs to provide their input into the various stages of the UPR process;

               (d)

               to promote the extensive contribution of civil society to the different UN human rights mechanisms, including to the various stages of the Universal Periodic Review process; with a view to counter-pressure or even reprisals, and while closely monitoring such potential cases regarding NGOs and civil society, to provide support for capacity building for human rights institutions;

               (e)

               to reiterate its full support for the International Criminal Court, and remain vigilant regarding any attempts to undermine the legitimacy, universality and integrity of the Rome Statute system; to actively engage States not yet party to this system with a view to swift signature and ratification; to campaign for the ratification of the 2010 Kampala amendments on the crime of aggression, including by all Member States;

               (f)

               to actively campaign for the ratification of the UN Convention Against Corruption and the UN Convention against Transnational Organised Crime by all UN members; to step up efforts to conclude the negotiations on a comprehensive convention on international terrorism; to support the establishment of a UN Special Rapporteur on financial crime, corruption and human rights;

               (g)

               to call on the members of UNGA to make full transparency of corporate reporting and the combating of corruption, money laundering, tax havens, illicit financial flows and harmful tax structures an overriding priority in the agendas of international finance and development institutions;

               (h)

               to stress that development gains will not be sustainable without good governance and accountable and democratic institutions and the rule of law; to ensure, therefore, that a clear commitment to democratic governance is reflected in the new framework;

               (i)

               to promote the prevention of atrocities and other grave violations by transforming the UNHRC into an early warning and preventive mechanism, rather than a purely reactive body to prevent further escalation of human rights violations;

               (j)

               to introduce theme-specific initiatives, promoting accountability for human rights violations and taking relevant actions targeting key human rights concerns, including efforts towards the abolition of the death penalty and the protection of the rights of people in vulnerable situations, such as children, women, LGBTI persons or indigenous peoples;

               (k)

               to condemn the systematic human rights abuses in the Islamic Republic of Iran;

      Torture

               (l)

               to reiterate the importance of fighting against torture and other forms of ill-treatment, and the priority that the EU places on this issue, especially with regard to children; to renew the Special Rapporteur’s mandate for another three years, and to ensure effective follow-up of past resolutions on torture; to demonstrate a common commitment to eradicating torture and supporting victims, notably by continuing or, where applicable, starting to contribute to the UN Voluntary Fund for Victims of Torture and the Special Fund established by the Optional Protocol to the Convention against Torture;

      Death penalty

               (m)

               to continue fighting against the use of the death penalty and to strongly support the moratorium as a step towards abolition; to continue to push for abolition worldwide; to strongly urge countries still carrying out capital punishment to publish clear and accurate figures on the number of sentences and executions;

      LGBTI rights

               (n)

               to express concern about the recent increase in discriminatory laws and practices, and acts of violence against individuals based on their sexual orientation and gender identity; to encourage close monitoring of the situation in Nigeria and Uganda, where new laws seriously threaten the freedom of sexual minorities; to reaffirm its support for the continuing work by the High Commissioner on Human Rights to combat these discriminatory laws and practices, and the work of the UN more generally on this issue; to recommend active participation in combatting the attempts to undermine these rights;

      Armed drones

               (o)

               to support international efforts to promote greater transparency and accountability in the use of armed drones in line with the established international legal framework, and to continue supporting investigations into targeted killings; to carry on assisting inquiries into targeted killings and to follow up on the recommendations by the UN Special Rapporteurs on Extra-Judicial, Summary or Arbitrary Executions and Countering Terrorism;

         Peace and security

               (p)

               with a view to equipping the UN with more efficient de-escalation tools, to support peace enforcement and peacekeeping missions by providing, where necessary, increased EU support (technical, financial, equipment or EU forces);

               (q)

               to ensure that peacekeeping mandates reflect long-term needs for state and institution building and democracy support, thereby focusing on a comprehensive approach in order to target the roots of conflict and state fragility;

               (r)

               to cooperate in strengthening the role and capacity of regional organisations in peacekeeping, conflict prevention, civilian and military crisis management, and conflict resolution;

               (s)

               to demand of all parties to an armed conflict that they fully respect their obligations under international law, including unhindered access to humanitarian assistance;

               (t)

               to ensure that the post-2015 development framework promotes sustainable peace by addressing key drivers of conflict in order to create the enabling conditions required for development and rights fulfilment;

               (u)

               to focus on ending terrorism, whether state sponsored or otherwise;

               (v)

               to ensure that the UN conference on the establishment of a Middle East zone free of weapons of mass destruction, which did not take place in 2012 as decided at the 2010 NPT Review Conference, takes place in 2014;

               (w)

               to support UNGA resolutions on depleted uranium weapons and to develop an EU Common Position that better reflects Parliament’s repeated calls for a precautionary global moratorium and the developing global consensus on the potential civilian health risks, complex post-conflict management burden and financial costs associated with their use;

               (x)

               to ensure that the 2015 review process of the UN peace-building architecture promotes the principle of Responsibility to Protect and the role of women in peace-building;

         Responsibility to protect

               (y)

               to work towards establishing Responsibility to Protect as an international norm, while maintaining the delicate balance between the role of the states concerned and the international community, and while keeping at its core the principle of prevention of conflict and the use of armed force as a last resort;

               (z)

               to ensure, in this regard, that responsibility to prevent and stop genocide and mass atrocities lies primarily with the state concerned, but that the international community also has a role that supersedes the invocation of sovereignty;

               (aa)

               to promote the key concept that prevention requires apportioning responsibility to and promoting collaboration between the states involved and the international community;

               (ab)

               to ensure, in cooperation with all international partners, the full compliance and consistency of possible further developments of the Responsibility to Protect concept with international humanitarian law;

               (ac)

               to work towards the inclusion of the protection of civilians in the mandates of the peacekeeping missions conducted under the auspices of the UN;

         Women and children

               (ad)

               to reaffirm its commitment to the implementation of UN Security Council resolutions on women, peace and security (11), which recognise the disproportionate impact of war on women, but also their cardinal role in conflict management, conflict resolution and sustainable peace;

               (ae)

               to strongly support and promote the full implementation of UN resolution 2106 on fighting impunity in conflict-related sexual violence, and to ensure the consolidation of further accountability and preventive measures, preventive measures regarding sexual crimes and abuses, and support to victims thereof;

               (af)

               to prioritise ending child marriage;

               (ag)

               to ensure that women are represented at all stages of peace processes, and involved in preventive diplomacy, early warning and security monitoring, and commissions of inquiry in post-conflict situations;

               (ah)

               to ensure a focus on education for girls;

               (ai)

               to actively participate in the 58th session of the Commission on the Status of Women in order not to undermine the ‘acquis’ of the UN Beijing Platform for Action, such as, for example, access to education and health as a basic human right; to strongly condemn the use of sexual violence against women as a tactic of war, including crimes such as mass rape, sexual slavery, enforced prostitution, gender-based forms of persecution including female genital mutilation, trafficking, early and forced marriages, honour killings and all other forms of sexual violence of comparable gravity; to sign and ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence;

               (aj)

               to call on Member States to ratify the 3rd Optional Protocol to the UN Convention on the Rights of the Child, which will allow children to submit their complaints to the Committee;

         Post-2015 development agenda

               (ak)

               to recognise that significant and substantial progress has been made towards achieving the Millennium Development Goals; to make the best use of the preparatory phase ahead of the September 2015 Summit on the post-2015 agenda, to ensure coherence and coordination between EU Member States on focus areas and goals the EU wants to promote, with a view to avoiding the inconsistency and illegibility stemming from too wide a list of objectives; to emphasise that special focus has to be directed towards the needs of the least developed countries and of conflict and post-conflict countries; to ensure ownership of these goals by developing countries;

               (al)

               to highlight the fact that the global efforts towards the achievement of the MDGs should be strengthened during the remaining time before the 2015 deadline, and focused on areas where the process is lagging behind the most;

               (am)

               to ensure that poverty eradication remains a priority in the new single and integrated framework, along with the fight against inequality, the promotion of sustainable development, food security and gender equality;

               (an)

               to work towards the adoption of a single, comprehensive and integrated post-2015 framework for the MDGs, with clear benchmarks incorporating the key development and sustainability issues; to make sure that this framework is universal and global in nature, promoting prosperity, human rights and well-being for all;

               (ao)

               to pursue a human rights-based approach and ensure that human rights in their universality will be at the core of the post-2015 framework;

               (ap)

               to call for a coherent and comprehensive international approach to financing beyond 2015, addressing in a predictable manner all dimensions of sustainable development, and, in line with the Council conclusions from December 2013, to further promote within the UN system reflections on alternative sources of financing and on other means of implementing assistance, especially private investment and non-financial means;

               (aq)

               to make sure that new ambitious goals will be backed up by equally ambitious and innovative development financing;

               (ar)

               given the fact that environmental and development issues tend to be dealt with separately at global level, to seek new ways to overcome this split and build bridges between these closely interlinked areas, including from an institutional point of view;

               (as)

               to recall the commitment made by the developed countries at the COP16 in Cancún (2010) to provide USD 100 billion in ‘new and additional’ financing annually by 2020, in order to address climate change needs in developing countries; to point out that this funding should ensure a balanced allocation between adaptation and mitigation;

         Others

      Privacy in the digital age

               (at)

               to take all necessary legislative and administrative measures to fully implement the recommendations of the UNGA resolution (12), in order to guarantee that citizens have the same rights offline and online, and in particular the review of procedures, practices and legislation, and the establishment of independent and effective oversight mechanisms, stressing the importance of data protection;

               (au)

               with a view to reaffirming the commitment of the EU on this issue on a worldwide scale, to actively promote specific follow-up of the resolution by all UN members;

      Arms Trade Treaty

               (av)

               to actively promote the swift signing and ratification of the Arms Trade Treaty by all UN members, including all EU members, in order to enable the international community to effectively address the negative repercussions of lack of transparency and badly regulated trade in conventional arms and ammunition and dangerous technologies, which foment global armed conflicts and are used to breach human rights; to engage other relevant States, regional and international organisations and civil society with a view to promoting, in this respect, a further broadening of the scope of the Arms Trade Treaty;

      The EU at the UN

               (aw)

               to actively support a comprehensive reform of the United Nations system, and especially its Security Council, in order to strengthen its legitimacy, regional representation, accountability and effectiveness; to work towards the long-term goal of the EU having a seat in an enlarged UNSC;

               (ax)

               to ensure the coherence and effectiveness of the EU as a global actor, with the aim of acting in a swift and comprehensive manner and delivering a ‘one-voice message’, by improving coordination of Member States’ positions and the cooperation between the EEAS and the Member States; in this regard, to encourage the EEAS, in particular through the EU delegations in New York and Geneva, to work towards greater EU coherence;

               (ay)

               to support the role of parliaments and regional assemblies in the UN system and global parliamentarism;

               (az)

               to continue the fruitful cooperation in support of multilateralism and global governance, and to highlight the importance of the strategic partnership between the EU and the UNDP, which celebrated its 10th anniversary in February 2014;

               (ba)

               to raise awareness of the fact that 2015 will be declared the European Year for Development, which will create an unprecedented momentum for improving public knowledge in Europe about the global challenges and the importance of the new development goals to be agreed upon;

      Climate change

               (bb)

               to point out that global challenges remain and are expected to increase, and that climate change and environmental degradation are threatening to reverse the progress made in achieving the MDGs; to enhance action on climate change, therefore, at the 2014 UN Climate Summit, in order to build a solid foundation which will inform successful negotiations and sustained progress towards reducing emissions and strengthening adaptation strategies at the 2015 United Nations Framework Convention on Climate Change; to set an example and adopt an ambitious binding climate policy framework with targets in time for the Summit, to have a positive influence on the negotiations;

               (bc)

               to participate actively in the debate on the term ‘climate refugee’, including its possible legal definition in international law or in any legally binding international agreement;

               (bd)

               to reiterate, on the occasion of the Third International Conference in September 2014, the EU’s support to Small Island Developing States;

         Syria

               (be)

               to work towards bringing about a sustainable political solution for Syria which will stop the violence and promote a democratic transition that meets the legitimate aspirations of the Syrian people; to support the full implementation of the conclusions of the Geneva I Conference and, bearing in mind the importance of the Geneva II Conference as a unique forum enabling direct negotiations for peace and democratic transition between parties in the conflict, to keep the Geneva II process going;

               (bf)

               to work towards including all relevant global and regional players in the Geneva II Conference, recognising that many different actors play a decisive role in the Syrian crisis;

               (bg)

               to convene an international conference on the Syrian refugee crisis focusing on humanitarian efforts, with priority being given to supporting host countries in the region and strengthening the EU’s involvement in the diplomatic efforts to end the conflict;

               (bh)

               to work urgently towards the rapid implementation of UNSC resolution 2139 on the humanitarian situation in Syria, so that safe, unhindered and immediate access to all people in need, including across conflict lines and borders, will at last be facilitated; to ensure that the removal, transfer and destruction of chemical weapons found in Syria take place in a fully transparent manner;

               (bi)

               to foster international cooperation as regards the destruction of Syria’s chemical weapons, and call for full implementation of the decision of the Executive Council of the Organisation for the Prohibition of Chemical Weapons of 27 September 2013;

               (bj)

               to support all efforts to ensure accountability for the violations of human rights and international humanitarian law in Syria and to actively promote the referral by the Security Council of the situation in Syria to the International Criminal Court;

         South Sudan

               (bk)

               to encourage all parties to respect the cessation of hostilities agreement (ceasefire) signed on 23 January 2014, including provisions requiring conflict actors to refrain from attacks against civilians and ensure safe access by humanitarian workers to conflict-affected areas of South Sudan; to underline that this agreement is only the first step towards peace and reconciliation when taking into consideration the situation in South Sudan, including the political fight for leadership in the country, which has provoked increasing ethnic clashes and led to the displacement of over 650 000 people;

               (bl)

               to support the state-building agenda regarding South Sudan, as well as a genuine reconciliation and inclusive peace process to ensure lasting stability; to offer assistance in tackling the issue of corruption, which is an obstacle to the prospects of establishing a free and fair democracy, stability, sustainable development and economic growth;

               (bm)

               to condemn the widespread human rights violations and abuses committed; to welcome and support the efforts of the EU Special Representative for the Horn of Africa, Alexander Rondos, the UN Special Representative, Hilde Johnson, and the African Union, and the strengthening of the human rights investigation capacity of the UN Mission in the Republic of South Sudan;

               (bn)

               to condemn the attacks on aid workers and assets, the interference in relief activities and the large-scale looting of supplies that have taken place in South Sudan and that severely hamper efforts to reach civilian populations in need;

               (bo)

               to call for an independent international commission of inquiry to investigate all alleged violations of international human rights and humanitarian law since the conflict erupted; to insist that those responsible be held accountable;

         Central African Republic

               (bp)

               to ensure good cooperation and complementarity of the international efforts required to stabilise the Central African Republic, and to work towards the adoption of a comprehensive approach to this multifaceted crisis; to support the process of political transition and contribute to putting in place functioning democratic institutions capable of fighting human rights violations, protecting citizens, ending violence and calming sectarian tensions in the country; to continue providing the necessary financial support in order to create viable economic development; to spearhead efforts aimed at responding to the unprecedented humanitarian crisis by providing adequate financial assistance;

               (bq)

               to support the efforts deployed by the international community, in particular the African Union, the UN and France, and by the Central African authorities to stabilise the country; to swiftly implement the EU decision of 20 January 2014 establishing EUFOR CAR and to accelerate the procedures to deploy the forces on the ground;

         Israeli-Palestinian conflict

               (br)

               to support the ongoing negotiation process and current attempts to find solutions to the conflict, while working towards the Palestinian reconciliation process, in order to reunite Palestinians living in the West Bank, East Jerusalem, and the Gaza Strip;

               (bs)

               to make certain the UNGA provides, in cooperation with the EU and the USA, all instruments to ensure that a two-state solution, on the basis of the 1967 borders, with Jerusalem as capital of both States and with the State of Israel, with secure and recognised borders, and an independent, democratic, contiguous and viable State of Palestine living side by side in peace and security, is sustainable and effective;

               2.

               Instructs its President to forward this recommendation to the High Representative/Vice-President, the EU Special Representative on Human Rights, the Council and, for information, the Commission.

      (1)  Texts adopted, P7_TA(2013)0234.

      (2)  Council of the European Union 11521/13.

      (3)  UNGA resolution A/RES/65/276.

      (4)  OJ C 377 E, 7.12.2012, p. 66..

      (5)  OJ C 99 E, 3.4.2012, p. 56.

      (6)  OJ C 33 E, 5.2.2013, p. 165.

      (7)  UN Security Council resolution S/RES/2106(2013).

      (8)  Texts adopted, P7_TA(2013)0180.

      (9)  Texts adopted, P7_TA(2013)0394.

      (10)  Texts adopted, P7_TA(2013)0055.

      (11)  UN Security Council resolutions S/RES/1325(2000), S/RES/1820(2008), S/RES/1888(2009), S/RES/1889 (2009), S/RES/1960(2010), S/RES/2106(2013) and S/RES/2122(2013).

      (12)  UNGA resolution A/C.3/68/L.45/Rev.1.


title: Recommendation of the European Central Bank of 4 October 2018 to the Council of the European Union on the external auditors of Lietuvos bankas (ECB/2018/23)

text:
               12.10.2018

               EN

               Official Journal of the European Union

               C 370/1

      RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
      of 4 October 2018
      to the Council of the European Union on the external auditors of Lietuvos bankas
      (ECB/2018/23)
      (2018/C 370/01)
      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 the 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)

                  The mandate of Lietuvos bankas’ current external auditors, UAB PricewaterhouseCoopers, ended following the audit for the financial year 2017.

                  (3)

                  By Recommendation ECB/2018/15 of the European Central Bank (1), the ECB recommended that UAB Deloitte Lietuva be appointed as external auditors of Lietuvos bankas for the financial years 2018 to 2021. UAB Deloitte Lietuva did not take up the appointment and it is therefore necessary to appoint external auditors from the financial year 2018.

                  (4)

                  Lietuvos bankas has selected UAB Ernst & Young Baltic as its external auditors for the financial years 2018 to 2021,

            HAS ADOPTED THIS RECOMMENDATION:
      It is recommended that UAB Ernst & Young Baltic should be appointed as the external auditors of Lietuvos bankas for the financial years 2018 to 2021.

         Done at Frankfurt am Main, 4 October 2018.

               The President of the ECB

            Mario DRAGHI

         (1)  Recommendation ECB/2018/15 of the European Central Bank of 18 May 2018 to the Council of the European Union on the external auditors of Lietuvos bankas (OJ C 181, 28.5.2018, p. 1).


title: Council Recommendation of 15 October 2018 concerning the sequencing of the fulfilment of the more binding commitments undertaken in the framework of permanent structured cooperation (PESCO) and specifying more precise objectives

text:
               16.10.2018

               EN

               Official Journal of the European Union

               C 374/1

      COUNCIL RECOMMENDATION
      of 15 October 2018
      concerning the sequencing of the fulfilment of the more binding commitments undertaken in the framework of permanent structured cooperation (PESCO) and specifying more precise objectives
      (2018/C 374/01)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on European Union, and in particular Article 46(6) thereof,
      Having regard to Protocol No 10 on permanent structured cooperation established by Article 42 of the Treaty on European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
      Having regard to Council Decision (CFSP) 2017/2315 of 11 December 2017 establishing permanent structured cooperation (PESCO) and determining the list of participating Member States (1),
      Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
      Whereas:

                  (1)

                  Point (b) of Article 4(2) of Decision (CFSP) 2017/2315 provides that the Council is to adopt decisions and recommendations on sequencing the fulfilment of the more binding commitments set out in the Annex to that Decision in the course of the two consecutive initial phases (the years 2018-2020 and 2021-2025) and specifying at the beginning of each phase the more precise objectives for the fulfilment of the more binding commitments.

                  (2)

                  The Council Recommendation of 6 March 2018 concerning a roadmap for the implementation of PESCO (2) provides that it is appropriate for the Council to adopt a recommendation on the sequencing of the fulfilment of the commitments, which should also define commonly agreed indicators to assist participating Member States in fulfilling the commitments and to assess progress in that regard.

                  (3)

                  The PESCO secretariat, provided jointly by the European External Action Service, including the European Union Military Staff (EUMS), and the European Defence Agency (EDA), pursuant to Article 7 of Decision (CFSP) 2017/2315, provided initial feedback by the end of March 2018 with regard to the type, granularity and structure of information provided in the national implementation plans communicated by participating Member States in December 2017, as requested by the Council in its Recommendation of 6 March 2018.

                  (4)

                  On 25 June 2018 the Council adopted Decision (CFSP) 2018/909 (3), which establishes a common set of governance rules for PESCO projects. On the same date, the Council adopted conclusions stating that it looked forward to the adoption of a Council recommendation on the sequencing of the fulfilment of the more binding commitments undertaken by the Member States participating in PESCO and specifying more precise objectives.

                  (5)

                  The Council will be invited to agree in November 2018 on the first full Coordinated Annual Review on Defence (CARD) implementation to be launched in the autumn of 2019.

                  (6)

                  The Council should therefore adopt a recommendation concerning the sequencing of the fulfilment of the more binding commitments undertaken in the framework of PESCO and specifying more precise objectives,

            HAS ADOPTED THIS RECOMMENDATION:
      I.   Objective and scope

                  1.

                  The objective of this Recommendation is to ensure a common approach and to enable the participating Member States to fulfil the more binding commitments set out in the Annex to Decision (CFSP) 2017/2315 and to facilitate the annual assessment process set out in Article 6 of that Decision, based on a complete set of relevant data including roadmaps, where applicable reflecting intermediate objectives and milestones. Those data should be provided annually by the participating Member States in their national implementation plans (NIPs), reviewed and updated in accordance with Article 3 of that Decision. The security rules set out in Council Decision 2013/488/EU (4) should also be applied to the NIPs. The participating Member States should, supported by the PESCO secretariat, ensure transparency and further develop coherence and consistency in relation to the information required and provided in the context of PESCO and other defence-related initiatives, including CARD. Coherence between different defence-related initiatives should be further developed and strengthened, including as regards Member States' reporting, taking into account the lessons identified at the end of the first PESCO phase (2018-2020).

                  2.

                  In accordance with the commitments set out in the Annex to Decision (CFSP) 2017/2315, and without altering them or introducing new commitments, this Recommendation provides guidance on the sequencing of the fulfilment of those commitments for the phases 2018-2020 and 2021-2025, and specifies more precise objectives for each commitment, including the commitments to be fulfilled before 2020. This Recommendation also provides progress indicators to assist participating Member States in planning to fulfil the more binding commitments and to facilitate the assessment of progress in that regard.

                  3.

                  The more precise objectives referred to in Section II, which also include progress indicators where applicable for specific commitments, will allow participating Member States to plan for the fulfilment of the more binding commitments in a structured and transparent manner and to provide detailed and assessable information on progress achieved on the fulfilment of each commitment in their NIPs.

                  4.

                  The aim is to obtain first specific deliverables with regard to the fulfilment of the more binding commitments by the end of 2020, and to develop a solid planning process to ensure continuous progress in fulfilling them beyond the first phase. At the end of the first phase, in accordance with point (c) of Article 4(2) of Decision (CFSP) 2017/2315, the Council will update, and enhance if necessary, the more binding commitments set out in that Decision in the light of achievements made through PESCO, in order to reflect the Union's capability and operational needs and its evolving security environment. Such a decision will be based on a strategic review process assessing the fulfilment of the PESCO commitments by the individual participating Member States. In this context, at the beginning of the next phase, the Council should adopt a second set of more precise objectives for the phase 2021-2025, updated and enhanced if necessary, taking into account point (c) of Article 4(2) of Decision (CFSP) 2017/2315.

            II.   Sequencing of the fulfilment of the commitments by specifying more precise objectives
      Commitments 1 to 5

                  5.

                  Commitment 1: Participating Member States should provide in their NIPs precise financial data on the evolution of total defence expenditure compared to the previous year in real terms (5), including in absolute figures, demonstrating a plan for a regular increase in spending. In this regard, participating Member States should also provide in their NIPs their nationally agreed spending projections for the coming years. Those participating Member States which are also members of NATO and are spending at or above relevant NATO guidelines on defence expenditure should provide an indication on their plan to maintain or change that level of defence spending. On the basis of the information provided in the NIPs, the annual report of the High Representative will also provide a detailed overview of the evolution of the defence spending by participating Member State, in accordance with Article 6(3) of Decision (CFSP) 2017/2315.

                  6.

                  Commitment 2: Participating Member States should each provide precise financial data in their NIPs on how they intend to contribute to the collective 20 % benchmark (6) on defence investment. That information should provide the forecast of increase compared to the previous year in real terms, as a percentage of the total defence budget. The figures provided should comprise investments for defence procurement and research and development (R&D). Those participating Member States which are already spending at or above the level of the (collective) benchmark should provide an indication of their plans to maintain or change that level of spending.

                  7.

                  Commitment 3: Participating Member States should provide detailed information in their NIPs on how and by which means they seek to increase the number, size and impact of joint and collaborative strategic defence capability projects, also mentioning budgetary figures and the specific projects which benefit or have benefited from Union financial assistance. In this regard, the participating Member States should each provide precise financial data on how they plan to contribute to achieving in real terms the European collaborative equipment procurement collective benchmark — 35 % of total equipment spending — and the European collaborative defence research and technology (R&T) collective benchmark — 20 % of total defence R&T spending. Those participating Member States which are already spending at those levels should provide an indication of their plans to maintain or change those levels of spending.

                  8.

                  Commitment 4: Participating Member States should each clearly provide in their NIPs precise financial data on how they will contribute, with a view to nearing the 2 % of total defence spending (collective benchmark) as a share of total defence expenditure for defence R&T, including expenditure forecasts, in order to assist the monitoring of actual year-to-year progress.

                  9.

                  Commitment 5: Each year participating Member States are encouraged to use their NIPs to share their experience in terms of planning and contributing to the fulfilment of the commitments 1 to 4 in light of the more precise objectives set out above. At the end of 2020, a review of those commitments will be conducted, based on the spending data provided in the NIPs, with a view to adapting the indicators and objectives for those commitments as necessary, for endorsement by the Council.

            Commitments 6 to 11

                  10.

                  Commitment 6: By 2020, participating Member States will have increased the use of, and participation in, the Union's capability development tools, such as the Capability Development Plan (CDP) and the Coordinated Annual Review on Defence (CARD) to inform national decision-making and defence planning, as well as the development of collaborative defence capability activities within the Union. To that effect, participating Member States should indicate in their NIPs how they implement the Union's capability development priorities derived from the CDP, including through national priority-setting, and outline their plans and objectives on the respective priorities to be achieved in the coming years.

                  11.

                  Commitment 7: By 2020, each participating Member State should have made the best use of available tools and processes to provide all relevant information requested under CARD, including through bilateral dialogues. The participating Member States should have taken into account the lessons identified on the CARD trial run and should indicate in their NIPs information on their support for the CARD trial run and, to the extent possible, the first full CARD cycle in 2019–2020, including the use of recommendations provided in the CARD reporting as a reference in national and multinational settings to take relevant decisions.

                  12.

                  Commitment 8: By the end of 2020, participating Member States will make the best use of — and ensure follow-up to — the results of both the preparatory action on defence research (2017-2019) and the European Defence Industrial Development Programme (EDIDP) (2019-2020) for collaborative projects with an identified EU added value. In their NIPs, with a view to supporting capability priorities derived from the CDP and also taking into account CARD, participating Member States should indicate in which collaborative capability development projects they take part and/or are planning to take part for which co-funding with Union financial assistance is received or foreseen. They should also indicate to the extent possible the share of national defence investment they committed or plan to commit to those collaborative projects.

                  13.

                  Commitment 9: Participating Member States should list the relevant ongoing collaborative capability development projects in line with the CDP in PESCO, as well as in other frameworks, and indicate the planned start and completion of the harmonisation of requirements. The foreseen start of harmonising capability requirements should also be indicated for the planned and intended projects. This should be done for the coming years, in particular focusing on closing capability gaps identified through the CDP and taking into account CARD.

                  14.

                  Commitment 10: Participating Member States should map in their NIPs those capabilities and facilities that have been made available and are provided to be used jointly by other participating Member States, with specific examples such as training and exercises, military bases and logistic support, including in the case of operations, and also with a view to promoting the use of the Collaborative Database (Codaba) to support participating Member States in sharing information on their defence plans and programmes in capability development. Participating Member States could also map in their NIPs which capabilities, including infrastructure offered by other participating Member States, could provide a basis for cooperation. The NIPs should indicate how such cooperation could optimise available resources and improve their overall effectiveness, including by providing, when available, information on potential savings and the planned financial scope in absolute figures for the coming years.

                  15.

                  Commitment 11: Participating Member States should indicate in their NIPs how they are going to increase cooperation on cyber defence, including through existing initiatives or new collaborative activities, including by indicating the level of participation in multinational cyber exercises. By 2020, each participating Member State should have indicated their intention to participate in a PESCO project on cyber defence and provided support to other participating Member States on cyber threats, for example through information sharing. By 2020, each participating Member State should also map its resources made available for cooperation, in the framework of either the EDA or a new cyber defence platform within the European Security and Defence College, and used to increase the level of cyber defence.

            Commitments 12 to 14

                  16.

                  Commitment 12: by 2020, participating Member States should:

                              (a)

                              in accordance with the EU Military Rapid Response Concept, complete the Rapid Response Database to enable it as a useful military planning tool to contribute to the fulfilment of the EU level of ambition. In contributing to the Rapid Response Database, and without prejudice to any national constitutional requirements with regard to deployment decisions, participating Member States will signal their potential contribution of rapidly deployable formations, capabilities and relevant supporting infrastructure which could be rapidly deployed or utilised in a military common security and defence policy (CSDP) mission or operation in support of the EU level of ambition. To this end, each participating Member State should update the database during the annual Military Rapid Response Coordination Conference with a list of its military available formations and capabilities. That established process comprises the completion of land, maritime and air databases and includes an indication of the level of readiness for capabilities and forces, where applicable. Without prejudice to classification requirements, this part of the Rapid Response Database should be accessible to participating Member States so as to support the ability to make an initial assessment regarding the possibility to launch a military CSDP mission or operation. Participating Member States should reflect their contributions to this database in their NIPs;

                              (b)

                              have assessed the feasibility of a fast-tracked political commitment at national level, whilst respecting their constitutional requirements, including through a possible review, if not done so already, of their national decision-making procedure with a view to making improvements. If applicable, the exercising of decision-making procedures in rapid-response scenarios through POLEX-type exercises, and relevant findings, should be reflected in the NIPs as well;

                              (c)

                              have provided substantial support within their means and capabilities to CSDP military operations and missions aiming to entirely fill the statements of requirement (SORs) and thus provide a fair share to the respective force generation, and report this in their NIPs;

                              (d)

                              confirm their substantial and recurring contributions to the EU Battlegroups (EU BGs) in principle at least four years in advance and prepare and train their contributing forces and capabilities in accordance with the EU BG Concept and the EU BG Preparation Guide. To this end, each participating Member State should reflect the biannual updates to the EU BG Roster in their NIPs;

                              (e)

                              have made a tangible contribution towards the implementation of the EU Action Plan on military mobility and the PESCO projects in that area, subject to national sovereignty, decision-making, laws and regulations, including by taking forward the four measures at national level as agreed in the Council conclusions on security and defence of 25 June 2018, in particular in paragraph 18 of those conclusions, as soon as possible but no later than 2024. They should also aim at achieving the mentioned first measures by the end of 2019, including developing a national plan for military mobility implementation. Those national contributions should be detailed in the NIPs.

                  17.

                  Commitment 13. In the area of interoperability of forces, participating Member States should:

                              (a)

                              use the EU BG Preparation Guide, including the common evaluation and validation criteria for the EU BG force package, which are aligned with NATO standards, while maintaining national certification. In their NIPs, participating Member States should state how they train and certify their forces, for example, by developing an EU BG exercise programme for the preparation phase and by executing a final live exercise (LIVEX) as part of the BG certification package;

                              (b)

                              specify in their NIPs how they intend to agree on common technical and operational standards to be utilised by forces of all the participating Member States, while acknowledging the need to ensure interoperability and coherence between the EU and NATO and ensuring that appropriate prerequisites for maximum interoperability need to be in place to enable all participating Member States to fulfil their commitments;

                              (c)

                              indicate in their NIPs the current participation and the intention to enhance, where possible, their participation and contribution to the relevant European multinational structures, in particular those available to the Union.

                  18.

                  Commitment 14: Participating Member States should engage in the development of an ambitious approach to common funding of military CSDP operations and missions, presenting options and possibilities, beyond what will be defined as common cost in accordance with Council Decision (CFSP) 2015/528 (7), currently under review. Participating Member States are invited to present proposals in this regard before the end of 2018. By early 2020, participating Member States should have examined such proposals in order to facilitate decision-making by the Council where appropriate.

            Commitments 15 to 17

                  19.

                  Commitment 15: By 2020, participating Member States should have increased the number and volume of their capability development projects, which contribute to filling those capability gaps identified in the CDP and described in the Union's capability development priorities, including in the related strategic context cases (SCCs) and by using CARD. The Union's capability development priorities derived from the CDP review also take into account the prioritised capability shortfalls and high-impact capability goals. Participating Member States should provide their respective plans for the coming years by describing the number and estimated volume of their collaborative projects in financial terms and will provide information about their national projects which help to overcome capability shortcoming identified under the CDP. Participating Member States should also share their assessment on the importance of those projects for an improved Europe's strategic autonomy and a strengthened European Defence Technological and Industrial Base (EDTIB). For those activities which have an industrial or technology dimension, participating Member States should state which type of European industrial sector or technology is planned to be strengthened.

                  20.

                  Commitment 16: By 2020, participating Member States should reflect in their NIPs appropriate decisions and steps taken at the national level in order to consider as a priority a European collaborative approach for future projects to close capability gaps identified at national level. Active use of CODABA could facilitate the fulfilment of that commitment. For the years 2019 and 2020, participating Member States should list in their NIPs collaborative projects and multinational activities which they envisage will close shortcomings identified at national level and share plans on how they intend to increase the use of the collaborative approaches in this respect.

                  21.

                  Commitment 17: As all participating Member States are contributing to one or more PESCO projects, the NIPs should detail the overall contribution in resources and expertise they make or intend to make and how that contribution is planned to deliver a strategic impact.

            Commitments 18 to 20:

                  22.

                  Commitment 18: By 2020, participating Member States should ensure making the best use of the EDA as the European forum for joint capability development. To that end, the participating Member States should indicate in their NIPs which projects they participate in and the associated financial volume channelled through the EDA, taking the figures of 2018 as a baseline and listing the intended activities for 2019 and 2020, including the capability domains and type of activity planned. Member States are invited to indicate in their NIPs how and in what situations they consider the Organisation for Joint Armament Cooperation (OCCAR) to be the preferred collaborative programme managing organisation and to provide information on the decisions taken for the selection of a multinational programme managing organisation in which OCCAR has been considered an option. This does not prejudge the application of Directive 2009/81/EC of the European Parliament and of the Council (8).

                  23.

                  Commitment 19: By 2020, participating Member States should demonstrate that their collaborative capability projects, including PESCO capability projects, contribute to fostering the competitiveness, efficiency and innovation of the defence industry throughout the Union.

                              (a)

                              The NIPs should specify how an appropriate industrial policy, if in place, guides the development of collaborative capability development projects to avoid unnecessary overlap, with indications on the industrial areas strengthened and those areas in which overlaps were prevented.

                              (b)

                              Participating Member States will report on their cooperative programmes benefitting from Union co-funding under the EDIDP in accordance with commitment 8.

                  24.

                  Commitment 20:

                              (a)

                              By 2020, participating Member States should demonstrate that their cooperation programmes benefit entities which provide added value on EU territory (e.g. aspects related to generated results and intellectual property rights, technological improvements, creation of market opportunities). The NIPs should provide indications, as appropriate, on the relevant entities benefitting from cooperative programmes and the related impact on the EDTIB.

                              (b)

                              Participating Member States will demonstrate that the acquisition strategies they have implemented from 2018 to 2020 have a positive impact on the EDTIB. This could be indicated by listing the absolute volume of the defence investment and the relative share which is allocated to solutions developed and produced within the Union. In particular, NIPs should provide information on capability and technology areas as agreed in the CDP, and acquisition strategy in relation to capability projects that have an industrial dimension.

            III.   Way forward

                  25.

                  Following the adoption of this Recommendation, participating Member States will review and update their NIPs accordingly, and communicate them to the PESCO secretariat by 10 January 2019, in accordance with Article 3(2) of Decision (CFSP) 2017/2315, in view of the assessment process set out in Article 6(3) thereof. In accordance with paragraph 14 of the roadmap of 6 March 2018 for the implementation of PESCO, and in light of this Recommendation, the PESCO secretariat will update the template used for the NIPs.

                  26.

                  The High Representative should take this Recommendation into account in the annual report on PESCO, which will support the assessment of the fulfilment of the more binding commitments by each participating Member State, to be submitted in accordance with paragraphs 14 to 16 of the roadmap for the implementation of PESCO.

                  27.

                  This Recommendation will be reviewed and updated as necessary at the beginning of the next phase in 2021.

         Done at Luxembourg, 15 October 2018.

               For the Council

               The President

            F. MOGHERINI

         (1)  OJ L 331, 14.12.2017, p. 57.

         (2)  OJ C 88, 8.3.2018, p. 1.

         (3)  Council Decision (CFSP) 2018/909 of 25 June 2018 establishing a common set of governance rules for PESCO projects (OJ L 161, 26.6.2018, p. 37).

         (4)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

         (5)  In accordance with the European Defence Agency list of definitions of defence data (EDA201807105).

         (6)  In November 2007 the EDA Ministerial Steering Board approved four collective benchmarks for investment: 20 % of total defence spending for equipment procurement (including R&D/R&T); 35 % of total equipment spending for European collaborative equipment procurement; 2 % of total defence spending for defence R&T; 20 % of total defence R&T spending for European collaborative defence R&T.

         (7)  Council Decision (CFSP) 2015/528 of 27 March 2015 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP (OJ L 84, 28.3.2015, p. 39).

         (8)  Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76).