ISSN 1725-2423
Official Journal C 184 E
of the European Union
Volume 52 English edition Information and Notices 6 August 2009
Notice No Contents Page
European Parliament
2007-2008 SESSION Sittings of 19 to 21 February 2008 TEXTS ADOPTED The Minutes of this session have been published in OJ C 96 E, 17.4.2008.
I Resolutions, recommendations and opinions
RESOLUTIONS
European Parliament
Tuesday 19 February 2008
(2009/C 184 E/01) Transparency in financial matters European Parliament resolution of 19 February 2008 on transparency in financial matters (2007/2141(INI)) . . . 1
(2009/C 184 E/02) Protection of the Communities' financial interests — Fight against fraud — Annual reports 2005 and 2006 European Parliament resolution of 19 February 2008 on Protection of the Communities' financial interests — Fight against fraud — Annual reports 2005 and 2006 (2006/2268(INI)) ...... 8
(2009/C 184 E/03) The EU's Strategy to deliver market access for European companies European Parliament resolution of 19 February 2008 on the EU's Strategy to deliver market access for European companies (2007/2185(INI)) ...... 16
(2009/C 184 E/04) Abuse of power by supermarkets Declaration of the European Parliament on investigating and remedying abuse of power by large supermarkets operating in the European Union ...... 23
EN (Continued overleaf) Notice No Contents (continued) Page
Wednesday 20 February 2008
(2009/C 184 E/05) Treaty of Lisbon European Parliament resolution of 20 February 2008 on the Treaty of Lisbon (2007/2286(INI)) ...... 25
(2009/C 184 E/06) Lisbon Strategy European Parliament resolution of 20 February 2008 on the input for the 2008 Spring Council as regards the Lisbon Strategy ...... 30
(2009/C 184 E/07) Broad Economic Policy Guidelines for 2008-2010 European Parliament resolution of 20 February 2008 on the Integrated Guidelines for Growth and Jobs (Part: broad guidelines for the economic policies of the Member States and the Community): Launching the new cycle (2008-2010) (COM(2007)0803 — 2007/2275(INI)) ...... 38
(2009/C 184 E/08) An EU Strategy for Central Asia European Parliament resolution of 20 February 2008 on an EU Strategy for Central Asia (2007/2102(INI)) . . . . 49
Thursday 21 February 2008
(2009/C 184 E/09) Monitoring the application of Community law (2005) European Parliament resolution of 21 February 2008 on the Commission's 23rd Annual report on monitoring the application of Community law (2005) (2006/2271(INI)) ...... 63
(2009/C 184 E/10) Situation in Gaza European Parliament resolution of 21 February 2008 on the situation in the Gaza Strip ...... 68
(2009/C 184 E/11) Seventh Human Rights Council of the United Nations European Parliament resolution of 21 February 2008 on the seventh session of the United Nations Human Rights Council (UNHRC) ...... 71
(2009/C 184 E/12) The demographic future of Europe European Parliament resolution of 21 February 2008 on the demographic future of Europe (2007/2156(INI)) 75
(2009/C 184 E/13) Scientific cooperation with Africa European Parliament resolution of 21 February 2008 on the importance of supporting measures to improve international scientific cooperation with Africa ...... 88
(2009/C 184 E/14) 4th report on cohesion European Parliament resolution of 21 February 2008 on the fourth report on economic and social cohesion (2007/2148(INI)) ...... 89
(2009/C 184 E/15) The Territorial Agenda and the Leipzig Charter European Parliament resolution of 21 February 2008 on the follow-up of the Territorial Agenda and the Leipzig Charter: Towards a European Action Programme for Spatial Development and Territorial Cohesion (2007/2190(INI)) ...... 95
(2009/C 184 E/16) Timor-Leste European Parliament resolution of 21 February 2008 on Timor-Leste ...... 101
EN (Continued overleaf) 6.8.2009 EN Official Journal of the European Union C 184 E/1
Tuesday 19 February 2008
I
(Resolutions, recommendations and opinions)
RESOLUTIONS
EUROPEAN PARLIAMENT
Transparency in financial matters
P6_TA(2008)0051
European Parliament resolution of 19 February 2008 on transparency in financial matters (2007/2141(INI))
(2009/C 184 E/01)
The European Parliament,
— having regard to the Commission's Green Paper on the European Transparency Initiative (COM(2006)0194),
— having regard to the Commission's Communication on the follow-up to the Green Paper on the European Transparency Initiative (COM(2007)0127),
— having regard to Article 255 of the EC Treaty,
— having regard to Rule 45 of its Rules of Procedure,
— having regard to the report of the Committee on Budgetary Control (A6-0010/2008),
A. whereas transparency enables citizens to participate more closely in the decision-making process and guarantees that the EU institutions enjoy greater legitimacy and are more effective and more accountable to the citizen in a democratic system,
B. whereas transparency contributes to strengthening the principles of democracy and respect for funda mental rights as laid down in Article 6 of the EU Treaty and in the Charter of Fundamental Rights of the European Union,
C. whereas greater transparency within the EU institutions would increase public understanding of how EU funds are used while at the same time improving the possibilities for evaluating the effectiveness of EU spending, C 184 E/2 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
Disclosure of information concerning the beneficiaries of EU funds (practical implementation)
1. Recalls that the first subparagraph of Article 30(3) of the Financial Regulation, as amended on 13 December 2006 ( 1 ) provides, under the heading of the principle of transparency, that
‘The Commission shall make available, in an appropriate manner, information on the beneficiaries of funds deriving from the budget held by it when the budget is implemented on a centralised basis and directly by its departments, and information on the beneficiaries of funds as provided by the entities to which the budget implementation tasks are delegated under other modes of management.;’
2. Is of the opinion that transparency is closely related to whether the information provided on bene ficiaries is easily accessible, reliable and suitable for further research, comparison and assessment, and hence that the implementation of the term ‘appropriate manner’ as referred to in the Financial Regulation should take due account of these needs;
EU funds under central management
3. Recalls that, as regards transparency in relation to the 20 % of EU funding managed directly and centrally by the Commission (grants and public contracts), information including identification of beneficiaries is available for inspection on two websites:
For beneficiaries of Grants: http://ec.europa.eu/grants/beneficiaries_en.htm
For beneficiaries of Public Contracts: http://ec.europa.eu/public_contracts/beneficiaries_en.htm
4. Requests the Commission to indicate the addresses of the two websites containing information on the beneficiaries of EU funding managed directly and centrally by it explicitly in all documents relating to the EU budget and/or projects and programmes under its responsibility;
EU funds under shared, decentralised or joint management
5. Notes that, under Article 53b of the Financial Regulation, where the Commission implements the budget by shared management, the Member States shall, under paragraph 2(d) of the same Article:
‘ensure, by means of relevant sector-specific regulations and in conformity with Article 30(3), adequate annual ex post publication of beneficiaries of funds deriving from the budget’
6. Points out that, similarly, according to Articles 53c and 53d, third countries and international organ isations to which implementation tasks are delegated ‘shall ensure in conformity with Article 30(3) adequate ex-post publication of beneficiaries of funds deriving from the budget’;
( 1 ) Council Regulation (EC, Euratom) No 1995/2006 of 13 December amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 390, 30.12.2006, p. 1). 6.8.2009 EN Official Journal of the European Union C 184 E/3
Tuesday 19 February 2008
7. Recalls that in the draft Commission declaration on transparency annexed to the results of the conciliation proceedings concerning the revised Financial Regulation, the Commission undertook:
‘to ensure in the sector-specific implementing Regulation that the disclosure of information of bene ficiaries of funds deriving from the Agricultural Funds (FEADER ( 1 ) and FEAGA ( 2 )) is comparable to that provided in the sector-specific implementing Regulations for the Structural Funds. In particular adequate annual ex post publication, for each beneficiary, of the amounts received from these funds, subdivided by main categories of expenditure, will be ensured’
8. Observes that the Commission's website http://ec.europa.eu/agriculture/funding/index_en.htm currently includes links to the databases of the 14 Member States providing information on beneficiaries of common agricultural policy payments under shared management; regrets however that the information is so diverse and scattered and of such varying quality that information can hardly be found; calls on the Commission to learn from the very accessible website http://www.farmsubsidy.org which works very well and is set up without public funding;
9. Notes the Commission's reservation that, since the links on its webpage are based on information provided by the Member States, which may vary widely in degree of coverage and detail, it cannot guarantee the accuracy or completeness of the data or information provided, and that it does not accept responsibility or liability for any use made thereof;
10. Insists that the Commission must accept responsibility for ensuring complete and reliable data, and hence take the necessary action vis-à-vis Member States' authorities to make sure such data are delivered;
General remarks on disclosure of beneficiaries
11. Believes that, as a general principle, the Commission web pages disclosing information on the beneficiaries of EU funding of whatever category, whether contracts, grants, agriculture or structural fund expenditure (or other types of funding) should be organised in such a way as to make it possible not only to obtain information on individual beneficiaries but also to carry out searches based on specific criteria in order to obtain an overall picture under various headings, which can then be checked against the Commission's implementation figures;
12. Calls on the Commission to accept political responsibility for publishing information on beneficiaries of EU funding under all modes of management;
13. Stresses that it is not sufficient simply to publish information in a raw state, but that it must be rationally organised, classified and presented in order to be of practical value;
14. Points out that individual beneficiaries may receive EU funds from several programmes or sectors of EU activity; recognises that it may be instructive, therefore, to be able to identify all the amounts paid to an individual beneficiary across all sectors; asks the Commission to examine the feasibility of creating an overall search-engine capable of retrieving data concerning individual beneficiaries across the whole spectrum of the EU's activities involving contracts, grants, subsidies, research programmes, agricultural or structural funds, centralised/decentralised management, etc;
15. Calls on the Commission to take into account the remarks in this resolution and to introduce a fully operational system of information for the wider public on all beneficiaries of EU subsidies and the outstanding recoveries before the next European elections in 2009;
Declaration of financial interests of public office-holders in the EU institutions
16. Points out that the EU institutions at present have divergent approaches to declarations of their Members' financial interests ranging from a public register (European Parliament) to no declarations at all;
( 1 ) European Agriculture Fund for Rural Development. ( 2 ) European Agriculture Guarantee Fund. C 184 E/4 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
17. Is of the opinion that all institutions should consider whether the current principles and rules are sufficient and notes the possible need to revise the rules of the European Parliament to make the public disclosure of financial interests on the Internet obligatory;
18. Notes that the Commission has commissioned a study, linked to its European Transparency Initiative, of the rules and standards of professional ethics for holders of public office in the EU institutions and in national parliaments, national governments, constitutional courts (supreme courts), courts of audit and central or national banks of the 27 Member States of the EU, as well as Canada and the United States of America, and that for the EU institutions the study will examine and compare the rules and standards of professional ethics in the European Commission, the European Parliament, the European Court of Auditors, the European Court of Justice, the European Central Bank and the European Investment Bank;
19. Is aware of the Commission's wish to create a ‘common ethical space’ among the EU institutions;
20. Recalls that, following the recommendations developed by the Committee of Independent Experts in its 2nd Report of 10 September 1999 and the Commission's White Paper on administrative reform of 1 March 2000, the Commission drew up a proposal for an Advisory Committee on Standards in Public Life ( 1), one of whose tasks would be to provide guidance in advance to public office-holders to help them avoid situations entailing a potential conflict of interests;
21. Considers that it would be inappropriate to create a single advisory body for all EU office-holders, bearing in mind the specific situation of Members of the European Parliament, whoare directly elected by the citizens;
22. Believes, nevertheless, that each institution should adopt rules of professional ethics for its Members appropriate to the specific nature of the institution and based on its current practices relating to all relevant financial interests;
23. Recommends that the rules of professional ethics of each institution should also touch upon the overall political, financial and legal responsibility of its Members;
24. Recalls that, in response to Parliament's recent discharge resolutions, the European Court of Justice recently adopted a code of conduct ( 2 ) for its judges; notes that the European Court of Auditors is also examining related matters in the context of its ‘peer review’ on its future role;
25. Agrees with the European Ombudsman (complaint 3269/2005/TN) that the disclosure of the names of individual lobbyists holding meetings with Commissioners is essential;
Recoveries, waivers of recoveries
26. Notes that the term ‘recovery’ covers four different types of procedure:
— recovery of sums unduly paid by the Member States to agricultural organisations or bodies participating in structural actions, in the wake of diverse errors arising from negligence or which are, occasionally, deliberate in nature,
— recovery of fines imposed by the Commission on organisations or Member States,
— recovery of own resources from the Member States, under the normal procedure for recovery of sums due,
— recovery of sums from beneficiaries of Community funding where the contract or subsidy agreement has not been respected;
( 1 ) Proposal for an Agreement between the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the Committee of the Regions establishing an Advisory Group on Standards in Public Life (SEC(2000)2077). ( 2 ) OJ C 223, 22.9.2007, p. 1. 6.8.2009 EN Official Journal of the European Union C 184 E/5
Tuesday 19 February 2008
27. Reiterates its regret, as expressed in paragraph 36 of its resolution of 24 October 2006 on the recovery of Community funds ( 1 ), that information regarding recoveries of Community funds is excluded from the European Transparency Initiative; calls on the Commission to make available to the budgetary authority and ultimately to the public the names and amounts of recoveries due under or credited to the EU budget, as well as the final destination of these sums;
28. Notes that according to the 2006 Annual Report of the European Court of Auditors on implemen tation of the budget for the financial year 2006 ( 2) (paragraph 2.24) ‘the information on recoveries and financial corrections presented [by the Commission] […] in the 2006 Annual Activity Reports does not contain sufficient explanations’; therefore asks the Commission to provide reliable and complete information on correction of errors and evidence on what corrections it made;
29. Considers that the Commission should submit to Parliament, at regular intervals, and, possibly, publish on its website, an overview of outstanding amounts to be recovered broken down by the total owed per Directorate-General (DG) and the length of time for which each amount has been outstanding;
30. Welcomes the fact that a summary of waivers of recoveries of established amounts receivable in 2006 was published as an annex to Commission Communication (COM(2007)0274) setting out a synthesis of the Commission's management achievements in 2006; notes that the total of waivers of recoveries (amounts above EUR 100 000) was EUR 23 038 784 for the EC budget and EUR 6 549 996 for the European Development Fund budget;
31. Points out that the Commission services establish 10 000 recovery orders per year and that its DG BUDGET prepares quarterly balances of amounts outstanding which are sent to the relevant DGs to effect recovery;
32. Welcomes the publication in the 2006 provisional accounts (volume 1, pp. 67-71) of a chapter on the recovery of expenditure in the notes to the economic outturn account; notes that the total value of recovery orders issued in 2006 was EUR 634 000 000; hopes that the Commission will in future make further improvements along these lines with a view to increasing transparency;
Composition of expert groups advising the Commission
33. Notes that the Commission has set up a register (http://ec.europa.eu/transparency/regexpert/) of expert groups, defined as formal and informal advisory bodies established either by Commission decisions or informally by the Commission services to assist the Commission and its services in preparing legislative proposals and policy initiatives;
34. Welcomes the undertakings given by Vice-President Kallas at the request of its Committee on Budgetary Control, that with effect from 2008:
— the names of all members of both formal and informal groups will be published and available via the register of expert groups of the Commission,
— for all experts and alternates, as well as observers where the participation has a budgetary effect, the name, professional title, gender, country and where applicable the represented body, will be disclosed, unless legitimate compelling grounds are given, and made publicly available via the register of expert groups,
— the personal data not disclosed on this basis can be provided to the European Parliament, on a case by case basis, without prejudice to Regulation (EC) No 45/2001 ( 3) under the relevant provisions of Annex I of the Framework Agreement,
— an advanced search mechanism will be deployed enabling the viewer to search by key-words in all the metadata and, for instance, to search for the number of experts, by country, by composition;
( 1 ) OJ C 313 E, 20.12.2006, p. 125. ( 2 ) OJ C 273, 15.11.2007, p. 1. ( 3 ) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). C 184 E/6 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
35. Notes that the register of expert groups does not cover:
— independent experts charged with assisting the Commission in the implementation of framework programmes for research and development,
— sectoral and cross-industry social dialogue committees (of which about 70 were active in 2005),
— ‘comitology committees’ assisting the Commission in policy areas where the Commission is empowered to implement legislation (of which there were a total of 250 in 2004),
— joint entities arising from international agreements (of which there were a total of 170 active in 2004);
36. Disagrees with the general exclusion of these groups from the register and expects the Commission to take action to make sure that the register contains all expert groups, including information on members of comitology committees, individual experts, joint entities and social dialogue committees, to ensure the application of the same transparent approach to the membership of these expert committees, unless legitimate compelling grounds are given individually on a case by case basis;
37. Calls upon the Commission to conduct a thorough review of the composition of its expert groups before the end of 2008 and to take action to ensure a balanced representation of interest groups in the membership of expert groups;
38. Insists that the Commission must, before the end of 2008, develop an open, transparent and inclusive process for selecting members of new expert groups, and must inform Parliament no later than February 2009 of the new selection criteria;
Governance within the institutions and their annual activity reports
39. Recognises that an important element of good governance of corporate entities or EU institutions is the availability to stakeholders and the general public of information on financial management in a form which the average reader can easily understand;
40. Acknowledges that the position has been transformed since the entry into force in 2003 of the revised Financial Regulation by the obligation to prepare annual activity reports, which in practice provide a detailed insight into the inner workings of the institutions;
41. Congratulates the Commission on the publication of the annual activity reports (2004, 2005, 2006) of its Directors-General and other services and the Synthesis Report of the Commission: Policy achievements in 2006 (COM(2007)0067) on its website http://ec.europa.eu/atwork/synthesis/aar/index_en.htm;
42. Notes that according to the Commission, the Synthesis Report and the annual activity reports are the apex and pillars of the Commission's accountability architecture (COM(2006)0277), and, because the Directors-General and the Commission as a college assume their political responsibility for management in these reports, strongly urges the Commission to take serious measures to give a full insight into how 80 % of EU funds are used (shared management), as otherwise its own accountability will be deemed deficient;
43. Urges therefore the Commission to support the issuing of National Declarations of Assurance by the Member States which would allow it to assume full political responsibility for the whole of the EU's financial management; also urges the Commission to rely more on the work of national audit offices and external audits;
44. Welcomes the fact that the European Court of Justice, European Court of Auditors, European Economic and Social Committee, Committee of the Regions and the European Ombudsman all submit an annual activity report to the discharge authority;
45. Takes the view that the annual activity reports of the other institutions, including the Council and the European Parliament, should be placed on their public websites in the interests of greater transparency; 6.8.2009 EN Official Journal of the European Union C 184 E/7
Tuesday 19 February 2008
Blacklisting of fraudsters
46. Recalls that one of the questions examined by the Commission in its preparatory work on trans parency (SEC(2005)1300) was whether fraud could be better deterred by being more transparent about the results of investigations and whether the Commission should establish and publish a ‘blacklist’ of confirmed fraud cases in order to name and shame;
47. Notes that while the blacklisting of fraudsters is dealt with extensively in the Commission's staff working document (SEC(2005)1300), it was not included in either the Commission's Green Paper on the European Transparency Initiative or in the follow-up communication;
48. Asks the Commission to consider how a public ‘blacklist’ of confirmed fraud cases and the entities behind them could be set up to name and shame as well as inform the public about the results of the Community's anti-fraud endeavours;
49. Points out that for the protection of EU financial interests the Commission, at the request of the European Parliament in 1997, introduced an early warning system (EWS) with five graded levels of warning to assist Commission services in identifying entities presenting financial and other risks; notes that this system covers both ‘centralised management’ (contracts and grants managed directly by the Commission services) and ‘decentralised management’ (managed by third countries); however, EWS does not yet cover EU funds managed in partnership with Member States (‘shared management’, mainly the common agricultural policy and the structural funds), nor funds delegated to international organisations (‘joint management’);
50. Notes that, according to the key findings of the European Court of Auditors in the 2006 annual report, compliance errors (e.g. the tendering procedure was missing or not valid) were the main cause of irregularities in the field of structural policies, and because protection of the EU's financial interests is an essential goal, asks the Commission and the European Court of Auditors to report to the discharge authority on the types of irregularities or fraud which occur most commonly during tendering procedures and on the reasons for them;
51. Notes that for reasons of data protection, in order to safeguard the legitimate interests of the entities concerned, and in the absence of any provision in the Financial Regulation authorising publication, EWS registrations are strictly confidential;
52. Recalls that under Article 95 of the Financial Regulation, a central database of excluded candidates and tenderers is to be set up (in compliance with the Community rules on the protection of personal data) and managed in common with all the institutions and agencies and that it is intended to be operational from 1 January 2009;
53. Reiterates the urgent need for a code of ethics for OLAF, with a view to guaranteeing the presumption of innocence in the case of beneficiaries who have been the object of a long and prejudicial investigation procedure and are cleared by the courts but receive no compensation for the damage to their reputation or the losses incurred;
54. Notes that the Member States are required to communicate information concerning excluded candidates and tenderers to the competent authorising officer; notes further that access to the database will not be public, being limited to the EU institutions, executive agencies and regulatory agencies (Article 95(2) of the Financial Regulation);
* * *
55. Instructs its President to forward this resolution to the Commission, Council and other institutions. C 184 E/8 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008 Protection of the Communities’ financial interests — Fight against fraud — Annual reports 2005 and 2006
P6_TA(2008)0052
European Parliament resolution of 19 February 2008 on Protection of the Communities’ financial interests — Fight against fraud — Annual reports 2005 and 2006 (2006/2268(INI))
(2009/C 184 E/02)
The European Parliament,
— having regard to its resolutions on previous annual reports of the Commission and the European Anti- Fraud Office (OLAF),
— having regard to the report of 12 July 2006 from the Commission to the European Parliament and the Council entitled ‘Protection of the Communities’ financial interests — Fight against fraud — Annual report 2005’ (COM(2006)0378), including the annexes (SEC(2006)0911 and SEC(2006)0912) thereto,
— having regard to the report of 6 July 2007 from the Commission to the European Parliament and the Council entitled ‘Protection of the financial interests of the Communities — Fight against fraud — Annual report 2006’ (COM(2007)0390), including the annexes (SEC(2007)0930 and SEC(2007)0938) thereto,
— having regard to the OLAF Annual Activity Report for 2005 ( 1),
— having regard to the OLAF Annual Activity Report for 2006 ( 2),
— having regard to the Activity Report of the OLAF Supervisory Committee for the period December 2005 to May 2007 ( 3 ),
— having regard to the annual report of the Court of Auditors on the implementation of the budget for the financial year 2005 ( 4),
— having regard to the annual report of the Court of Auditors on the implementation of the budget for the financial year 2006 ( 5),
— having regard to Articles 276(3) and 280(5) of the EC Treaty,
— having regard to Council Regulation (EC, Euratom) No 1995/2006 of 13 December 2006 amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities ( 6 ),
— having regard to Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on- the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities ( 7 ),
— having regard to Rule 45 of its Rules of Procedure,
— having regard to the report of the Committee on Budgetary Control and the opinions of the Committee on Regional Development and the Committee on Agriculture and Rural Development (A6-0009/2008),
( 1 ) http://ec.europa.eu/atwork/synthesis/aar/aar2005/doc/olaf_aar.pdf ( 2 ) http://ec.europa.eu/atwork/synthesis/aar/doc/olaf_aar.pdf ( 3 ) http://ec.europa.eu/anti_fraud/reports/sup-com_en.html ( 4 ) OJ C 263, 31.10.2006, p. 1. ( 5 ) OJ C 273, 15.11.2007, p. 1. ( 6 ) OJ L 390, 30.12.2006, p. 1. ( 7 ) OJ L 292, 15.11.1996, p. 2. 6.8.2009 EN Official Journal of the European Union C 184 E/9
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A. having regard to the substance of Article 280(1) and (2) of the EC Treaty,
B. whereas Article 53(b)(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities ( 1 ) (the Financial Regulation) provides as follows:
‘2. Without prejudice to complementary provisions included in relevant sector-specific regulations, and in order to ensure in shared management that the funds are used in accordance with the applicable rules and principles, the Member States shall take all the legislative, regulatory and administrative or other measures necessary for protecting the Communities’ financial interests. To this effect they shall in particular:
(a) satisfy themselves that actions financed from the budget are actually carried out and ensure that they are implemented correctly;
(b) prevent and deal with irregularities and fraud;
(c) recover funds wrongly paid or incorrectly used or funds lost as a result of irregularities or errors;
(d) ensure, by means of relevant sector-specific regulations and in conformity with Article 30(3), adequate annual ex post publication of beneficiaries of funds deriving from the budget.
To that effect, the Member States shall conduct checks and shall put in place an effective and efficient internal control system, (…).’
Amount of irregularities notified
1. Welcomes the fact that the reports on the protection of the Communities’ financial interests, and in particular the report concerning the financial year 2006, have become more analytical; notes, however, that the statistics rely on very diverse national structures with different administrative, judicial, supervisory and inspection systems;
2. Calls for the annual reports on the protection of the Communities’ financial interests and the reports drawn up by the European Parliament on the basis of those reports to be included on the Council’s agenda, and for the Council subsequently to forward its observations to Parliament and the Commission;
3. Notes that in the areas of own resources, agricultural expenditure and the Member States’ structural actions, irregularities notified in 2006 totalled EUR 1 143 million (compared to EUR 1 024 million in 2005, EUR 982,3 million in 2004, EUR 922 million in 2003 and EUR 1 150 million in 2002); the amounts notified by the Member States to the Commission in 2006 can be broken down as follows:
— own resources: EUR 353 million (EUR 328,4 million in 2005, EUR 212,4 million in 2004, EUR 269,9 million in 2003 and EUR 367 million in 2002),
— guarantees under the European Agricultural Guidance and Guarantee Fund (EAGGF): EUR 87 million (EUR 102 million in 2005, EUR 82,1 million in 2004, EUR 169,7 million in 2003 and EUR 198,1 million in 2002),
— structural actions: EUR 703 million (EUR 601 million in 2005, EUR 694,5 million in 2004, EUR 482,2 million in 2003 and EUR 614,1 million in 2002);
notes, too, that in the area of pre-accession funds irregularities notified in 2006 totalled EUR 12,32 million (EUR 17,6 million in 2005);
4. Considers that many factors can influence the annual variations in the financial impact of irregularities;
( 1 ) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9). C 184 E/10 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
5. Stresses that a large number of irregularities being notified to the Commission does not necessarily imply a high level of fraud; it may also demonstrate that the supervisory arrangements in place are effective and that there is close cooperation between Member States and the Commission; welcomes the fact that, in its annual report for 2006, the Commission emphasised the importance of such cooperation;
General analysis
6. Notes that, as far as own resources are concerned, the amount affected by irregularities rose by 7 % from EUR 328 million in 2005 to EUR 353 million in 2006; the products most affected by irregularities were televisions (EUR 69 million in 2005; EUR 62,3 million in 2006) and cigarettes (EUR 30,9 million in 2005; EUR 27,6 million in 2006); the number of cases in Italy (+122 %) and the Netherlands (+81 %) rose sharply; EUR 113,4 million (32 %) was recovered in 2006;
7. Notes that, as far as agricultural expenditure is concerned, the amount affected by irregularities fell from EUR 105 million in 2005 to EUR 87 million in 2006; Spain, France and Italy were responsible for 57,2 % of the irregularities, or a total of EUR 64,9 million, while the sectors most affected were rural development, beef and veal, and fruit and vegetables;
8. Welcomes the implementation of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy ( 1) (CAP), which aims to provide a simplified and more effective legal framework for Member States to recover irregular payments; calls on the Commission to evaluate the application of that act and to submit a report to Parliament;
9. Is encouraged that the Integrated Administration and Control System (IACS), through which 68 % of operations are processed, is functioning well and has made it possible to detect a large proportion of irregularities;
10. Notes with concern that the level of recovery of sums unduly paid remains low and varies between Member States and, since the chances of recovery decrease with time, calls on the Commission to step up its efforts to improve the recovery rate of sums unduly paid;
11. Takes the view that, when in a specific Member State recovery remains systematically low, the Commission should apply corrective measures;
12. Assures the Commission of its full support in the rigorous application of the legislation on suspension of payments and urges that CAP funding should also be subject to the same procedure as the measures already initiated ( 2) for the non-transfer of funds where the Commission does not have an absolute guarantee of the reliability of the management and control systems of the Member State which is the beneficiary of those funds;
13. Calls on the Commission to evaluate the efficiency and transparency of monitoring systems relating to payment of farmers in the context of its annual report on the protection of the Communities’ financial interests;
14. Welcomes the work of the Task Force Recovery ( 3), which has been able to settle a large number of the irregularities from previous years (1971 to 2006: EUR 3 061 million); consequently, the Member States have recovered EUR 898 million, and EUR 1 200 million has been settled using the ‘clearance of accounts’ procedure; stresses, however, that the Member States should be much more vigilant in order to avoid irregularities and to recover money;
( 1 ) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation (EC) No 1437/2007 (OJ L 322, 7.12.2007, p. 1.). ( 2 ) Member of the Commission Danuta Hübner stated in a written answer to the Committee on Budgetary Control that ‘in 2006 ERDF payment claims have been held back by Spain pending the results of audits of remedial measures. Other examples are interruptions of ESF payments in 2005 for all programmes in England, for Objective 3 programmes and some regional programmes in France, and for programmes in the Calabria and Sicily regions of Italy, and in 2006 for EQUAL in Spain and Italy’. ( 3 ) The Task Force Recovery (TFR) has been created as announced in the Commission Communication ‘Improving the recovery of Community entitlements arising from direct and shared management of Community expenditure’ (COM(2002)0671 final). The TFR is a joint OLAF/AGRI initiative chaired by OLAF. 6.8.2009 EN Official Journal of the European Union C 184 E/11
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15. Notes the adoption by the Commission of its second report on the shortcomings in the implemen tation of the ‘blacklist’ system (Council Regulation (EC) No 1469/95 ( 1)) and calls for a wider debate, within the EU institutions, on the way forward, with a substantial increase in penalties for Member States that fail to fulfil their obligations with regard to the repayment of sums unduly paid being the most obvious approach;
16. Points out that the amount affected by irregularities relating to structural actions increased by 17 %, from EUR 601 million in 2005 to EUR 703 million in 2006 (Structural Funds EUR 517 million, Cohesion Fund EUR 186 million); these irregularities related mainly (75 %) to the European Regional Development Fund (ERDF) and the European Social Fund (ESF); Germany, Spain, Italy, Portugal and the United Kingdom accounted for approximately 85 % of the amount affected (EUR 438,1 million) relating to the Structural Funds in 2006; in many cases the beneficiaries had invoiced for non-eligible expenditure; the details were uncovered following the checking of documents;
17. Regrets that, of the 95 projects funded using Structural Funds audited over the current programming period, 60 were affected by material errors in declared project expenditure, representing an increase in the number of irregularities over the previous year; considers that a greater number of projects should be audited so that the conclusions obtained permit the formulation of clear recommendations for improving financial management;
18. Notes that EUR 266,5 million out of a total of EUR 703 million has still to be recovered for 2006, while for previous years EUR 762 million still needs to be recovered; calls on the Commission to inform Parliament’s competent committees twice a year on the progress made and the specific measures taken in order to speed up the recovery of the outstanding amounts;
19. Notes that, as far as pre-accession funds are concerned, the financial impact decreased from EUR 26,5 million in 2005 to EUR 12,3 million in 2006; the most frequent errors were invoicing for non-eligible expenditure and failure to comply with contractual or regulatory conditions; EUR 11 million has been recovered since the funds were introduced, but EUR 14 million still remains to be recovered;
20. Remains convinced that Member States and EU institutions, including the Court of Auditors (ECA), must come to a political understanding on a ‘tolerable error rate’ if a positive declaration of assurance is ever to be achieved;
Weaknesses
21. Calls on the Commission to include in the 2008 annual report on the protection of the Commu nities’ financial interests an analysis of the Member States’ structures involved in combating irregularities; that analysis should answer, among others, the following questions in order to give Parliament a clearer picture of the implementation of the legislative framework of the anti-fraud network:
— which national authorities in the Member States are involved in this exercise?
— how do they organise their cooperation?
— what powers of inspection do the national authorities have?
— do those national authorities operate on a basis of annual programming?
— are they obliged to draw up a report on the objectives to be pursued in their monitoring activity?
— are the national authorities obliged to draw up a report on the use of EU funds?
— how do they cooperate with OLAF and in which way are their findings communicated to the Commission?
— to what European databases do they have direct access?
— which national databases can the Commission access?
( 1 ) Council Regulation (EC) No 1469/95 of 22 June 1995 on measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the EAGGF (OJ L 145, 29.6.1995, p. 1). C 184 E/12 EN Official Journal of the European Union 6.8.2009
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— what are the estimated costs of controls?
— what are the mechanisms for reporting irregularities?
— what is the state of play regarding implementation of Council Regulation (Euratom, EC) No 2185/96?
22. Calls on the Commission to indicate, as regards the own resources sector, which further actions it will undertake to put a stop to the fraudulent importing of televisions, cigarettes and counterfeit goods in general; in this context, welcomes the fact that OLAF has been able to open an office in China; urges the Commission to step up the fight against counterfeiting; calls on the Commission to report back in the context of the annual report on the protection of the Communities’ financial interests for 2007, which will be published in July 2008, on the initiatives and action taken on the basis of Parliament’s resolution of 11 October 2007 on the implications of the agreement between the Community, Member States and Philip Morris on intensifying the fight against fraud and cigarette smuggling and the progress made in imple menting the recommendations of Parliament’s Committee of Inquiry into the Community Transit System ( 1 );
23. Considers it wholly unacceptable that for many years Germany and Spain have not been forwarding information to the Commission, in electronic form, on irregularities concerning agricultural expenditure; notes, furthermore, that these two countries are responsible for 38 % (EUR 33,2 million) of the irregularities and that Germany is no longer providing details of the individuals and companies involved, despite an obligation to do so; consequently, urges the Commission to start infringement procedures against these two Member States and to withhold 10 % of agricultural payments pending the procedure; calls on the chairman of the Committee on Budgetary Control to send a letter to the Permanent Representations concerned requesting an explanation;
24. Considers that a period of 39 months between the time when an irregularity is committed and the time when it is notified to the Commission is unacceptable, as such a delay makes recovery more difficult; asks the Commission what measures it has taken to call the Member States to order; notes that the Member States’ actions indicate a degree of complacency;
25. Asks what measures the Commission has taken to reduce the number of irregularities in the rural development, beef and veal, and fruit and vegetables sectors;
26. Calls on the Commission to take a firm stance should Greece fail to comply with the action plan for introducing the IACS ( 2 ); would like to be informed about the total amount of the grants/aid from the Community budget paid to Greece to set up the IACS until now and whether this amount can be recovered if the system is not fully operational by September 2008;
27. Notes that, concerning structural actions, 84 % of all irregularities were recorded in Italy (2006: EUR 228,2 million), Spain (2006: EUR 85,7 million), the United Kingdom (2006: EUR 59,8 million), Portugal (2006: EUR 37,2 million) and Germany (2006: EUR 27,2 million); notes, furthermore, that neither Germany nor Spain uses the electronic module of the Anti-Fraud Information System and that Germany does not send data on the individuals and companies involved; calls on the chairman of the Committee on Budgetary Control to send a letter to the Permanent Representations concerned requesting an explanation;
28. Considers that, in this context, the 2000-2006 programming period proved that overly complicated rules and ineffective supervisory and control systems contributed to the irregularities ascertained; points out, furthermore, that beneficiaries often received payments late; consequently, welcomes the improvements which Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund ( 3) has brought; calls, in general, for regional and local authorities to be more involved in the programming and implementation of the funds;
( 1 ) Texts Adopted, P6_TA(2007)0432. ( 2 ) The annual report of the Court of Auditors concerning the financial year 2006: ‘5.11. For the fifth consecutive year the Director General’s declaration contains a reservation concerning insufficient implementation of the IACS in Greece. For 2006 the Court has confirmed continuing failure to implement key controls, namely: claims handling, inspection procedures, animal database integrity and the Land Parcel Identification System.’. ( 3 ) OJ L 210, 31.7.2006, p. 25. Regulation as amended by Regulation (EC) No 1989/2006 (OJ L 411, 30.12.2006, p. 6). 6.8.2009 EN Official Journal of the European Union C 184 E/13
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29. Points out that in paragraph 11 of its resolution of 15 June 2006 on protection of the financial interests of the Communities and the fight against fraud — 2004 annual report ( 1 ), Parliament stated: ‘(…) in the 2005 reporting period, particular attention should be paid to irregularities concerning structural actions’; notes, however, that the situation seems to have worsened;
30. Considers that the Commission should attach particular importance to criminal networks specialising in the misappropriation of EU funds;
31. Calls on the Commission to provide Parliament’s Committee on Budgetary Control with a detailed analysis of the system or systems used by organised crime, whether run on mafia lines or not, to undermine the Communities’ financial interests;
32. Expresses its deepest concern over the following finding of the President of the ECA: ‘The supervisory and control systems in the Member States were generally ineffective or moderately ineffective, and the supervision of their operation by the Commission was only moderately effective’ ( 2 );
33. Calls, therefore, on the Member States to guarantee the quality of their supervisory and control systems by adopting, at an appropriate political level, a national declaration on management concerning all Community spending in shared management; calls on the Commission to give active support to this idea and to report on the progress achieved in its annual report on the protection of the Communities’ financial interests;
34. Calls on the Commission to take the appropriate measures, possibly including infringement procedures, against those Member States which do not assist the Commission services in carrying out on-the-spot checks as provided for by Council Regulation (Euratom, EC) No 2185/96;
35. Calls on the Commission, in this context, to consider the inclusion of binding and precautionary elements in future EC legislation concerning shared management so that irregular payments can be recovered at the end of the recovery procedure, for example by a Member State placing a surety with the Communities in order for recipients to use European funds;
36. Points out that, concerning structural actions, more than EUR 1 000 million remains to be recovered for 2006 and previous years;
37. Emphasises the direct responsibility of Member States in recuperating funds the payment of which is affected by irregularities; reiterates its encouragement to the Commission to suspend interim payments to Member States in cases of serious irregularity; recognises the need to react appropriately to the insufficiency of management and control systems in the Member States and recalls that fraud and irregularities are prejudicial to the work of the European Union, particularly to structural projects;
38. Welcomes the fact that, as part of the European Transparency Initiative, information will be published about recipients of Structural Funds, and urges that a binding obligation be introduced in Member States to publish information about projects and recipients of funding from all Community funds under shared management;
39. Calls on the Member States to notify the Commission annually of the financial loss resulting from amounts definitively lost, which the Commission should include in its annual report;
40. Calls also on the Member States’ competent authorities to inform the Commission, including OLAF, once a year, of court judgments on the fraudulent use of Structural Funds;
41. Calls on the Commission to take a position on the negative assessment of its work by the ECA and to explain what steps it has taken to improve, in the Member States, a situation which jeopardises the protection of the Communities’ financial interests;
( 1 ) OJ C 300 E, 9.12.2006, p. 508. ( 2 ) Presentation to the Committee on Budgetary Control on 12 November 2007. C 184 E/14 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
42. At the same time calls on the Commission to report back more often to the Member States, giving details of how it used the reported information as well as how it followed up the reported irregularities;
43. Notes that, concerning the use of pre-accession funds, Bulgaria (2006: EUR 1,7 million), Poland (2006: EUR 2,4 million), Romania (2006: EUR 5,5 million) and Slovakia (2006: EUR 1,9 million) accounted for 94 % of irregularities; notes that, in this context, the Commission has stressed the need for a common interpretation and uniform application of guidelines and working documents; asks the Commission, therefore, to indicate what measures it has taken in this regard;
44. Calls on the Commission to make it possible for the Member States to identify more clearly, from the outset, those irregularities that are suspected of involving fraudulent misappropriation, since the Member States still have difficulties knowing precisely what constitutes an irregularity or a fraud and what needs to be reported to the Commission/OLAF, although they do comply with the quarterly reporting requirements;
45. Calls on the Commission to assist Member States in using OLAF’s Anti-Fraud Information System/ CIGinfo (instrument of communication of information concerning cigarette seizures); believes this single administrative homepage could improve the exchange of data (especially on irregularities) between OLAF and the Member States once the national and the European systems are compatible;
46. Welcomes the fact that the Committee on Budgetary Control has already twice met its counterparts from the national parliaments; believes that annual meetings of the budgetary control committees of national parliaments and the European Parliament could be most useful for improving the Member States’ control and monitoring systems and obtaining a national declaration on management;
47. Wishes to see the closest possible cooperation between the ECA and the national and regional audit bodies with a view to increasing the use of their reports to monitor the utilisation of EU funds in the Member States;
OLAF activity reports
48. Notes that OLAF was restructured in 2006, taking into account the ECA’s Special Report 1/2005; considers that OLAF’s operations should be assessed by Parliament as part of the procedure to revise the OLAF Regulation;
49. Calls on the Commission to ensure that the database referred to in Article 95 of the Financial Regulation is fully operational as of 1 January 2009;
50. Notes that OLAF received 802 new notifications in 2005, and 826 in 2006; welcomes the fact that the evaluation system has made it possible to reduce the number of investigations opened to 254 cases, and the fact, moreover, that, according to the statistics, the majority of completed investigations were followed up by administrative, disciplinary, financial, judicial or legislative action; notes that the financial impact of all ongoing cases and closed cases was EUR 6 600 million at the end of 2005 and EUR 7 400 million at the end of 2006, and that the sectors most affected were Structural Funds (2006: EUR 1 606,7 million), cigarettes (2006: EUR 1 320,1 million), customs (2006: EUR 989,8 million) and VAT (2006: EUR 727,8 million);
51. Calls on the Commission to prepare the appropriate legal base for the publication of the names of companies and individuals who have defrauded the Community;
52. Welcomes the way in which OLAF informed Parliament of the follow-up to its closed investigations; notes, however, that the prosecution offices concerned refused to take follow-up action on 20 cases (out of the 134 cases in which judicial follow-up had been requested) because of the statute of limitations or lack of evidence;
53. Is disappointed, however, that OLAF has not relaunched the dialogue on written information which Parliament’s competent committee regularly receives, as requested in Parliament’s abovementioned resolution of 15 June 2006; 6.8.2009 EN Official Journal of the European Union C 184 E/15
Tuesday 19 February 2008
54. Notes that, as in previous years, the majority of cases were registered in Belgium, Germany and Italy;
55. Draws attention to its abovementioned resolution of 11 October 2007;
56. Notes that in 2006 an amount exceeding EUR 450 million was identified for recovery in connection with OLAF investigations, and that this amount came from cases closed in 2006 (approximately EUR 114 million) and from ongoing follow-up measures (approximately EUR 336 million, mainly from the agricultural sector (EUR 134,6 million) and Structural Funds (EUR 146,3 million));
57. Welcomes the cooperation between OLAF, Europol, Eurojust and certain international organisations, one of the purposes of which is to combat organised crime; stresses, at the same time, that such cooperation must be transparent and must not affect the independence of OLAF;
58. Understands that the Commission wishes to limit the number of language versions of its reports for reasons of economy; insists, nonetheless, that both Annex 2 to the annual reports on the protection of the Communities’ financial interests and the activity reports must be available at least in English, French and German;
Revision of the OLAF Regulation
59. Reminds the Commission that, in paragraph 30 of its abovementioned resolution of 15 June 2006, Parliament advocated that ‘(…) all OLAF’s investigatory powers be grouped together in a single regulation;’; at the same time emphasises that the Council’s working party on fight against fraud also seems to be in favour of streamlining the current legal bases ( 1); calls therefore on OLAF to submit, as a matter of urgency, an analysis of the interoperability of the different legal bases granting investigative powers to it in the context of the 2007 OLAF annual activity report, with a view to possibly integrating the findings of this analysis into the future revision of the OLAF Regulation; in this context points to the fact that the Treaty of Lisbon ( 2 ) also amends Article 280 of the EU Treaty dealing with combating fraud;
60. Notes that the European Court of Human Rights ruled on 27 November 2007 in the case of Tillack v. Belgium (application No 20477/05) that the Belgian state had violated Article 10 (freedom of expression) of the European Convention on Human Rights when searching the journalist’s premises; notes however that neither OLAF’s nor the Commission’s prior administrative investigations were the subject of the ruling; in this context, is of the opinion that, in general, every appropriate measure must be taken to protect the rights of persons under investigation;
Combating VAT fraud
61. Is extremely concerned at the financial losses caused by ‘carousel’ transactions; notes, for instance, that the German Economic Research Institute puts lost national VAT receipts for 2003 to 2005 at between EUR 17 000 million and EUR 18 000 million a year; that, extrapolating across the board, Member States estimate that they lose about 10 % of their VAT receipts each year; and that one-third of these losses are attributed to cross-border ‘carousel’ transactions;
62. Notes, furthermore, that the House of Lords estimates lost national VAT receipts in the United Kingdom for 2005 to 2006 at between GBP 3 500 million and GBP 4 750 million, which is at least GBP 9,6 million per day; cites the report which states: ‘The current mechanism for intra-Community VAT transactions is not sustainable.’ ( 3 );
63. Points out that only actual receipts can be taken into account for collection of VAT own resources;
64. Is very concerned that many Member States are still reluctant to step up cooperation both between competent national services and between the Commission, including OLAF, and the national services;
( 1 ) Letter to the OLAF Director of 2 April 2007. ( 2 ) OJ C 306, 17.12.2007, p. 127. ( 3 ) Point 52 of the report by the House of Lords — European Union Committee, Stopping the Carousel: Missing Trader Fraud in the EU, HL Paper 101, 25 May 2007. C 184 E/16 EN Official Journal of the European Union 6.8.2009
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65. Welcomes the Commission’s communication to the Council concerning some key elements contributing to the establishment of the VAT anti-fraud strategy within the EU (COM(2007)0758); calls, accordingly, on its competent committee to take active steps to monitor its implementation;
66. Criticises the fact that the Council has still not adopted a position on the proposal for a regulation on mutual administrative assistance for the protection of the financial interests of the Community against fraud and any other illegal activities ( 1), which was the subject of first reading in Parliament on 23 June 2005 ( 2 ); calls on its President to contact the Council Presidency with a view to making progress on this issue;
67. Considers that improved cooperation between the services concerned and with the Commission (OLAF) is essential to tackling cross-border ‘carousel’ fraud; considers that, in this context, the VAT information exchange system and cooperation in the field of data analysis, with the assistance of the Commission (OLAF), should be strengthened;
* * *
68. Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the OLAF Supervisory Committee and OLAF.
( 1 ) COM(2004)0509, subsequently amended by COM(2006)0473. ( 2 ) OJ C 133 E, 8.6.2006, p. 105.
The EU's Strategy to deliver market access for European companies
P6_TA(2008)0053
European Parliament resolution of 19 February 2008 on the EU's Strategy to deliver market access for European companies (2007/2185(INI))
(2009/C 184 E/03)
The European Parliament, — having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Global Europe: A stronger partnership to deliver market access for European exporters’ (COM(2007)0183), — having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘Global Europe: competing in the world. A contribution to the EU's Growth and Jobs Strategy’ (COM(2006)0567), — having regard to the Communication from the Commission entitled ‘Global Europe: Europe's trade defence instruments in a changing global economy. A Green Paper for public consultation’ (COM(2006)0763), — having regard to its resolution of 28 September 2006 on the EU's economic and trade relations with India ( 1 ), — having regard to its resolution of 25 October 2006 on the annual report from the Commission to the European Parliament on third country anti-dumping, anti-subsidy and safeguard action against the Community (2004) ( 2),
( 1 ) OJ C 306 E, 15.12.2006, p. 400. ( 2 ) OJ C 313 E, 20.12.2006, p. 276. 6.8.2009 EN Official Journal of the European Union C 184 E/17
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— having regard to its resolution of 4 April 2006 on the assessment of the Doha Round following the WTO Ministerial Conference in Hong Kong ( 1 ),
— having regard to its resolution of 12 October 2006 on economic and trade relations between the EU and Mercosur with a view to the conclusion of an Interregional Association Agreement ( 2),
— having regard to its resolution of 1 June 2006 on EU-US transatlantic economic relations ( 3),
— having regard to its resolution of 13 October 2005 on prospects for trade relations between the EU and China ( 4),
— having regard to the Commission staff working document accompanying the Communication from the Commission entitled ‘Economic reforms and competitiveness: key messages from the European Competitiveness Report 2006’ (SEC(2006)1467),
— having regard to the Communication from the Commission entitled ‘Implementing the Community Lisbon Programme: A policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy’ (COM(2005)0474),
— having regard to the Presidency conclusions of the European Council, held on 23 and 24 March 2006,
— having regard to its resolution of 15 March 2006 on the input to the Spring 2006 European Council in relation to the Lisbon Strategy ( 5),
— having regard to the Communication from the Commission entitled ‘EU-China: Closer Partners, growing responsibilities’ (COM(2006)0631) and the accompanying working document entitled ‘Closer Partners, Growing Responsibilities: A policy paper on EU-China trade and investment: Competition and Partnership’ (COM(2006)0632),
— having regard to the Communication from the Commission entitled ‘Implementing the Community Lisbon Programme — Modern SME Policy for Growth and Employment’ — (COM(2005)0551),
— having regard to Rule 45 of its Rules of Procedure,
— having regard to the report of the Committee on International Trade and the opinion of the Committee on Industry, Research and Energy (A6-0002/2008),
A. whereas the European Union is a key player in world trade and should continue to show leadership in the global economic system in order to make it fairer and more respectful of environmental and social rights,
B. whereas the European Union is the world's largest exporter and the biggest service provider and has therefore a strong interest in ensuring that new markets for goods, services and investments are opened,
C. whereas the European Union needs to implement more ambitious and forward-looking strategies in order to meet the challenges of globalisation and to confront increased competition from major emerging economies, while preserving the European economic, regional and social model and promoting human rights and social and environmental standards,
D. whereas economic openness both at home and abroad is vital for creating jobs and growth as well as for maintaining international competitiveness; whereas the European Union should therefore, within the framework of the market access strategy, continue its work of opening EU markets as well as encouraging its trading partners to bring down their own barriers and further open their markets,
( 1 ) OJ C 293 E, 2.12.2006, p. 155. ( 2 ) OJ C 308 E, 16.12.2006, p. 182. ( 3 ) OJ C 298 E, 8.12.2006, p. 235. ( 4 ) OJ C 233 E, 28.9.2006, p. 103. ( 5 ) OJ C 291 E, 30.11.2006, p. 321. C 184 E/18 EN Official Journal of the European Union 6.8.2009
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E. whereas adequate access to third-country markets will enable EU domestic producers to remain leaders in high added-value goods and services, enhance the innovation of their products, promote creativity, protect intellectual property rights (IPRs) and achieve significant economies of scale,
F. whereas developments in international trade make access to third-country markets as important as defending EU markets from unfair trading practices,
G. whereas trade liberalisation and the increasing volume of trade promote international competition, but also increase the risk of exports being subject to trade barriers, which have a damaging impact on the international competitiveness of EU firms,
H. whereas the competitiveness of the EU economy is undoubtedly affected by protectionist behaviour which is not based on World Trade Organization (WTO) rules, whether inside or outside the Community,
I. whereas the dismantling of trade barriers will certainly enhance Europe's exports of goods and services and guarantee steady growth in the EU economy,
J. whereas account should be taken of the ineffective protection of IPRs, including geographical indications and appellations of origin, by the European Union's trading partners globally,
K. whereas it is of the utmost importance to make a distinction between a priori unjustified trade barriers resulting from the incoherent implementation of established bilateral and multilateral trade rules, and trade barriers resulting from the legitimate legislative and administrative activity of public authorities that originate in fields other than trade but have unintended consequences on trade,
L. whereas burdensome customs procedures for import, export and transit and sanitary and phytosanitary restrictions not justified under existing WTO rules, the unfair use of trade defence instruments (TDIs) and poor protection of IPRs are clearly a priori unjustified trade barriers which need to be addressed in order to facilitate market access for EU companies,
M. whereas, despite the extreme difficulty of estimating with any accuracy the volume of EU trade hampered by foreign market restrictions, it seems clear that trade barriers have a significant impact on overall EU export performance,
N. whereas the European Union's economic presence is generally stronger in industrialised countries where demand is static but significantly weaker in rapidly growing areas and in emerging markets such as China and India,
O. whereas the European Union is generally considered to be a very open and transparent market which tackles anti-competitive behaviours seriously and guarantees fair conditions to all imports irrespective of their origin,
P. whereas high tariffs still constitute a significant obstacle to trade, especially in relations with major emerging countries,
Q. whereas the WTO is the only effective forum for securing market access and achieving fair and equitable trade globally; whereas the projection of the European governance model should contribute to the further development of suitable, fair rules and ensure a more stable and more comprehensive regulatory system for world trade,
R. whereas it is in the Commission's general interest to ensure that the commercial legislation and practices adopted by its partners comply as far as possible with WTO and other international rules, 6.8.2009 EN Official Journal of the European Union C 184 E/19
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S. whereas obstacles to trade and behind-the-border barriers not only damage trade in goods but also significantly affect trade in services and public procurement,
T. whereas solving problems and being more effective in the defence of industry's legitimate interests and expectations would also be beneficial for the European Union in terms of visibility and credibility,
U. whereas meeting the objectives of the revised Lisbon Agenda requires industries in the European Union to develop and sustain stable competitive positions in the global market,
V. whereas this competitiveness, especially for small and medium-sized enterprises (SMEs), increasingly relies on research, development, innovation and IPRs,
W. whereas two prerequisites of this competitiveness are a safe and secure energy supply on the one hand, and unimpeded access for EU businesses to state-of-the-art information and communication technologies on the other hand,
General overview
1. Stresses that the successful implementation of a revised, more ambitious market access strategy, intended to open new world markets to EU products and services, is likely not only to expand the European Union's global role, but also to protect existing jobs and create new jobs in Europe, enhance the European Union's competitiveness and thus substantially contribute to the achievement of the objectives of the Lisbon Strategy;
2. Recalls that the European Union's strategy to deliver market access is intended specifically to address developed and emerging economies;
3. Stresses that the European Union's performance in exports to both developed and emerging economies is often hindered by a lack of reciprocity as regards market access conditions, an insufficient degree of compliance with international trade rules and the proliferation of unfair trading practices;
4. Urges the Commission to ensure that the European Union's legitimate trade interests are defended against the abusive or unfair trade practices of third countries; takes the view that, when third countries unjustifiably restrict access to their markets by EU companies, the European Union should react rapidly and firmly;
5. Notes the increasing importance of regulatory issues in international trade; calls for greater consistency between EU rules and practices and those of its main trading partners; emphasises that the harmonisation of rules and regulations should not lead to a weakening of health, safety or environmental and social laws in Europe, but instead trigger the adoption of better rules by the European Union's major trading partners;
6. Calls on the Commission and the Member States to adopt a long-term approach to structural distortions that, by their nature, are likely to continue or recur even after the Commission has taken steps; urges the Commission not to disregard cases in which there is no likelihood of the early elimination of barriers where their removal is nevertheless needed to restore a level playing-field in key foreign markets;
7. Calls on the Commission to consider serious and systematic breaches of the WTO agreements and rules and other international trade laws as requiring a prompt remedy, and to ensure that the enforcement of such rules is not subordinated to political and economic considerations other than those relevant to the case in hand;
8. Urges third countries to lift foreign ownership restrictions on European companies and to remove discriminatory rules;
9. Welcomes the approach suggested by the Commission on the identification of market access priorities, but urges it also to consider other criteria which would ensure that this new initiative assists the largest possible number of economic operators in the European Union and in particular SMEs, whose survival depends ineluctably on the clear definition and the effective enforcement of IPRs and definitive restrictions on monopoly rents; C 184 E/20 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
10. Stresses that success in the fight against trade barriers will stimulate investment, production and trade in the European Union and worldwide by, inter alia, making market access conditions more transparent, predictable and competitive and establishing or strengthening the link between the European Union and international markets;
11. Believes that Free Trade Agreements (FTAs) with the European Union's target countries will be meaningless unless they secure significant market access and real progress in reducing and eventually eliminating non-tariff barriers which, it is worth recalling, are often more trade distorting than tariff barriers;
The Commission's Communication
12. Welcomes the Commission's initiative to set up a stronger partnership to deliver market access for European exporters, and in particular to achieve concrete results for European businesses by improving market access in emerging markets where European businesses encounter new and complex barriers to trade and investment; and welcomes the Commission's initiative to coordinate the objectives and tools of the European Union's trade policy and market access strategy in a way that effectively harnesses the European Union's potential in the fields of international trade and global competitiveness;
13. Welcomes, in particular, the Commission's proposals for establishing a stronger partnership between the Commission, the Member States, and EU businesses with a view to directly helping economic operators overcome the concrete difficulties they encounter in accessing third-country markets in a manner and time frame that is compatible with business reality;
14. Takes the view that the Commission can play a significant role in the implementation of the new market access strategy by ensuring an appropriate degree of coordination between actions at national and Community level, harnessing resources which would otherwise be scattered and securing a more efficient defence of European exporters' rights and interests;
15. Takes the view that the European Union has an irreplaceable role to play in guaranteeing a level playing-field in international trade in close cooperation with the Member States and having regard to the principle of subsidiarity and the balance of existing competencies;
16. Emphasises the importance of a periodic qualitative and quantitative evaluation of the results of the market access strategy to assess its effectiveness; calls on the Commission to develop an appropriate market access action plan and submit a yearly report on market access to Parliament similar to the one which is already submitted in relation to TDIs;
17. Urges European companies, which are legitimately competing against each other inside and outside the European Union, to adopt a cooperative approach to a new market access strategy, bearing in mind that opening foreign markets and ensuring free and fair trade serves their common interest and thus requires common and coordinated efforts;
18. Regrets that several reasonable and experience-based recommendations from the business community, trade unions, consumers' organisations, and civil society, have been disregarded in the above mentioned Communication entitled ‘Global Europe: A stronger partnership to deliver market access for European exporters’; and urges the Commission to take them into consideration when implementing that Communication;
Market access initiatives in the European Union
19. Stresses the need for further cooperation between the Commission and the Member States with a view to sharing information and good practices; calls on the Member States to create networks of national or, if appropriate, regional help desks to centralise information and claims, with special attention being paid to the interests and needs of SMEs;
20. Takes the view that the efficacy of such networks would be significantly enhanced if national and local industry associations, chambers of commerce, SME associations and trade promotion agencies participated in the setting-up process; 6.8.2009 EN Official Journal of the European Union C 184 E/21
Tuesday 19 February 2008
21. Calls on the Commission and the Member States to enhance the role of the Market Access Advisory Committee (MAAC) and to ensure permanent liaison with the Article 133 Committee (named after the relevant article of the EC Treaty), the Trade Barriers Regulation Committee and other relevant committees;
22. Calls on the Commission to set up a system of permanent dialogue enabling Member States and, when appropriate, regions and other European stakeholders to share information and define strategies and priorities;
23. Calls on the Commission to consider the following when implementing its market access strategy:
— appointing more Brussels-based staff to the unit dealing with market access issues;
— creating an effective complaints register within DG Trade;
— developing structured guidelines for dealing with each category of non-tariff barrier;
— creating a help-desk for Member States and companies (with a section dedicated to SMEs) within DG Trade;
— revising and enhancing the communication policy relating to market access services provided by the Commission, with particular emphasis on SMEs;
— increasing the number of potential users by offering basic information (e.g. brochures and leaflets) in all the official languages of the European Union;
— improving the Market Access Database (MADB) to better meet business needs and make it more user- friendly;
— improving internal cooperation, coherence and communication among those Commission services dealing with market access issues;
— ensuring the participation of representatives of the business community in the MAAC;
— developing structured guidelines for priorities, including which markets, sectors and barriers should be focused on;
— strengthening its position in international standardisation bodies, such as the International Organization for Standardization (ISO);
Market access initiatives in third countries
24. Calls for more structured coordination between the Commission and the Member States in third countries, which would enable a more efficient use to be made of diplomatic and governmental resources dealing with market access issues;
25. Stresses the need for an unambiguous and ambitious mandate to be given to Commission delegations and to the newly created Market Access Teams located in third countries; reiterates that the market access strategy will be successful only if Member States are ready to contribute with their own resources, both human and financial, in proportion to their means, interests and objectives;
26. Calls on the Commission and the Member States to enhance cooperation with European chambers of commerce, trade associations and Member State trade promotion agencies located in third countries, and to ensure the appropriate exchange of information between delegations, Member State embassies, other governmental foreign trade bodies and interested European business associations;
27. Calls on the Commission to reprioritise the deployment and eventually to increase the human resources available to Commission delegations, so that more staff are available to start up and ensure the successful functioning of market access teams, in particular in key delegations such as, inter alia, Beijing, New Delhi, Moscow and Brasilia; C 184 E/22 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
Sectoral issues
28. Supports the setting-up of dedicated initiatives, within the market access strategy framework, to tackle in particular barriers in the fields of services, public procurement, investment and IPRs, customs procedures, State aid and other subsidies, and to establish rules on competition and their proper implementation in third countries; 29. Urges the Commission and the Member States to ensure that SMEs are able to benefit consistently from the new market access initiatives; calls on the Commission to define ad hoc actions aimed at strengthening the presence of SME products in third-country markets and defending their legitimate rights vis-à-vis one-sided third-country practices; 30. Calls on the Commission to specifically deal with all restrictions on the provision of Internet and information society services imported by European companies in third countries as part of its external trade policy and to regard all unnecessary limitations on the provision of those services as constituting trade barriers;
The multilateral approach
31. Stresses the need to create synergies with the European Union's major trade partners (such as the United States of America, Canada and Japan) with a view to defining a common market access strategy and to paving the way to a much needed multilateral agreement on market access; 32. Reiterates the need to further promote deeper international regulatory cooperation and approxi mation in order to remove wasteful duplication and reduce costs for consumers, industry and governments; calls on the Commission to promote the progressive approximation of the standards and rules of the European Union and its trading partners, both multilaterally and bilaterally; 33. Urges the Commission to promote dedicated WTO mechanisms allowing faster consideration to address new and emerging non-tariff barriers; in this respect, the Commission should encourage other trade partners to make greater use of the notification procedures under the Agreements on Technical Barriers to Trade (TBTs); 34. Insists on maintaining a clear focus on enforcement and in ensuring compliance by third countries with their WTO obligations, by pursuing this right under the WTO Dispute Settlement Mechanism;
Looking ahead
35. Takes the view that, unless justified by development concerns, the European Union should deploy its best efforts to obtain concessions from its trading partners that are proportionate to their level of development; 36. Urges the Commission to include in the new generation FTAs and in other agreements having trade implications clear enforcement and dispute settlement provisions, especially designed to tackle behind-the- border barriers; 37. Invites the European Union's trade partners to progressively reduce or dismantle barriers restricting market access for goods and services and instead to optimise mutual commercial opportunities on the basis of reciprocity, including through satisfactory implementation of market opening measures resulting from bilateral, regional and multilateral negotiations; 38. Calls on the Commission to report to Parliament annually on the progress and results of the market access strategy, paying particular attention to the priorities which have been set; * * *
39. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. 6.8.2009 EN Official Journal of the European Union C 184 E/23
Tuesday 19 February 2008 Abuse of power by supermarkets
P6_TA(2008)0054
Declaration of the European Parliament on investigating and remedying abuse of power by large supermarkets operating in the European Union
(2009/C 184 E/04)
The European Parliament,
— having regard to Rule 116 of its Rules of Procedure,
A. whereas, throughout the EU, retailing is increasingly dominated by a small number of supermarket chains,
B. whereas these retailers are fast becoming ‘gatekeepers’, controlling farmers' and other suppliers' only real access to EU consumers,
C. whereas evidence from across the EU suggests large supermarkets are abusing their buying power to force down prices paid to suppliers (based both within and outside the EU) to unsustainable levels and impose unfair conditions upon them,
D. whereas such squeezes on suppliers have negative knock-on effects on both quality of employment and environmental protection,
E. whereas consumers potentially face a loss in diversity of products, cultural heritage and retail outlets,
F. whereas some Member States have introduced legislation attempting to limit such abuse, yet large supermarkets increasingly operate across national borders, making EU legislation desirable,
1. Calls upon DG Competition to investigate the impact that the concentration of the EU supermarket sector is having on small businesses, suppliers, workers and consumers and, in particular, to assess any abuses of buying power which may follow from such concentration;
2. Requests the Commission to propose appropriate measures, including regulation, to protect consumers, workers and producers from any abuse of a dominant position or other negative impact identified in the course of this investigation;
3. Instructs its President to forward this declaration, together with the names of the signatories, to the Commission, the Council and the parliaments of the Member States
List of signatories Adamos Adamou, Vittorio Agnoletto, Vincenzo Aita, Gabriele Albertini, Jim Allister, Roberta Alma Anastase, Georgs Andrejevs, Alfonso Andria, Laima Liucija Andrikienė, Emmanouil Angelakas, Roberta Angelilli, Alfredo Antoniozzi, Kader Arif, Stavros Arnaoutakis, Richard James Ashworth, Francisco Assis, John Attard-Montalto, Elspeth Attwooll, Marie-Hélène Aubert, Jean-Pierre Audy, Margrete Auken, Inés Ayala Sender, Liam Aylward, Pilar Ayuso, Peter Baco, Mariela Velichkova Baeva, Enrique Barón Crespo, Etelka Barsi-Pataky, Alessandro Battilocchio, Katerina Batzeli, Edit Bauer, Jean Marie Beaupuy, Zsolt László Becsey, Angelika Beer, Ivo Belet, Irena Belohorská, Jean-Luc Bennahmias, Monika Beňová, Pervenche Berès, Sergio Berlato, Giovanni Berlinguer, Thijs Berman, Šarūnas Birutis, Jana Bobošíková, Sebastian Valentin Bodu, Jens- Peter Bonde, Guy Bono, Mario Borghezio, Josep Borrell Fontelles, Umberto Bossi, Costas Botopoulos, Bernadette Bourzai, Sharon Bowles, Iles Braghetto, Frieda Brepoels, Hiltrud Breyer, André Brie, Danutė Budreikaitė, Paul van Buitenen, Kathalijne Maria Buitenweg, Ieke van den Burg, Colm Burke, Niels Busk, Cristian Silviu Bușoi, Philippe Busquin, Joan Calabuig Rull, Mogens Camre, Luis Manuel Capoulas Santos, Marco Cappato, Marie-Arlette Carlotti, Carlos Carnero González, Giorgio Carollo, Paulo Casaca, Françoise Castex, Giuseppe Castiglione, Giusto Catania, Alejandro Cercas, Giulietto Chiesa, Sylwester Chruszcz, Luigi Cocilovo, Carlos Coelho, Richard Corbett, Dorette Corbey, Giovanna Corda, Titus Corlățean, Jean Louis Cottigny, Michael Cramer, Corina Crețu, Gabriela Crețu, Brian Crowley, Magor Imre Csibi, Marek Aleksander Czarnecki, Ryszard Czarnecki, Daniel Dăianu, Joseph Daul, Dragoș Florin David, Chris Davies, Antonio De Blasio, Bairbre de Brún, Arūnas Degutis, Véronique De Keyser, Gérard Deprez, Proinsias De Rossa, C 184 E/24 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
Harlem Désir, Nirj Deva, Mia De Vits, Agustín Díaz de Mera García Consuegra, Jolanta Dičkutė, Gintaras Didžiokas, Alexandra Dobolyi, Brigitte Douay, Mojca Drčar Murko, Bárbara Dührkop Dührkop, Árpád Duka-Zólyomi, Constantin Dumitriu, Michl Ebner, Saïd El Khadraoui, Maria da Assunção Esteves, Edite Estrela, Harald Ettl, Jill Evans, Robert Evans, Richard Falbr, Claudio Fava, Szabolcs Fazakas, Emanuel Jardim Fernandes, Francesco Ferrari, Anne Ferreira, Elisa Ferreira, Ilda Figueiredo, Petru Filip, Věra Flasarová, Hélène Flautre, Alessandro Foglietta, Hanna Foltyn-Kubicka, Nicole Fontaine, Glyn Ford, Armando França, Monica Frassoni, Duarte Freitas, Sorin Frunzăverde, Kinga Gál, Vicente Miguel Garcés Ramón, José Manuel García- Margallo y Marfil, Iratxe García Pérez, Giuseppe Gargani, Jas Gawronski, Lidia Joanna Geringer de Oedenberg, Claire Gibault, Adam Gierek, Maciej Marian Giertych, Neena Gill, Ioannis Gklavakis, Béla Glattfelder, Gian Paolo Gobbo, Bogdan Golik, Bruno Gollnisch, Ana Maria Gomes, Donata Gottardi, Genowefa Grabowska, Dariusz Maciej Grabowski, Friedrich-Wilhelm Graefe zu Baringdorf, Luis de Grandes Pascual, Louis Grech, Elly de Groen-Kouwenhoven, Lilli Gruber, Ambroise Guellec, Pedro Guerreiro, Umberto Guidoni, Zita Gurmai, Catherine Guy-Quint, András Gyürk, Fiona Hall, David Hammerstein, Benoît Hamon, Małgorzata Handzlik, Gábor Harangozó, Marian Harkin, Rebecca Harms, Satu Hassi, Adeline Hazan, Anna Hedh, Gyula Hegyi, Erna Hennicot-Schoepges, Edit Herczog, Esther Herranz García, Jim Higgins, Mary Honeyball, Milan Horáček, Richard Howitt, Ján Hudacký, Ian Hudghton, Stephen Hughes, Alain Hutchinson, Jana Hybášková, Filiz Hakaeva Hyusmenova, Monica Maria Iacob-Ridzi, Mikel Irujo Amezaga, Marie Anne Isler Béguin, Carlos José Iturgaiz Angulo, Lily Jacobs, Mieczysław Edmund Janowski, Lívia Járóka, Elisabeth Jeggle, Pierre Jonckheer, Ona Juknevičienė, Jelko Kacin, Gisela Kallenbach, Sylvia-Yvonne Kaufmann, Metin Kazak, Tunne Kelam, Wolf Klinz, Jaromír Kohlíček, Maria Eleni Koppa, Magda Kósáné Kovács, Miloš Koterec, Sergej Kozlík, Wolfgang Kreissl-Dörfler, Ģirts Valdis Kristovskis, Urszula Krupa, Wiesław Stefan Kuc, Sepp Kusstatscher, Zbigniew Krzysztof Kuźmiuk, Joost Lagendijk, André Laignel, Jean Lambert, Stavros Lambrinidis, Romano Maria La Russa, Vincenzo Lavarra, Johannes Lebech, Stéphane Le Foll, Roselyne Lefrançois, Bernard Lehideux, Lasse Lehtinen, Jörg Leichtfried, Jo Leinen, Katalin Lévai, Bogusław Liberadzki, Marcin Libicki, Eva Lichtenberger, Kartika Tamara Liotard, Alain Lipietz, Pia Elda Locatelli, Andrea Losco, Caroline Lucas, Elizabeth Lynne, Linda McAvan, Arlene McCarthy, Mary Lou McDonald, Mairead McGuinness, Edward McMillan-Scott, Jamila Madeira, Ramona Nicole Mănescu, Mario Mantovani, Marian-Jean Marinescu, Helmuth Markov, David Martin, Hans-Peter Martin, Jean-Claude Martinez, Miguel Ángel Martínez Martínez, Jan Tadeusz Masiel, Antonio Masip Hidalgo, Jiří Maštálka, Ana Mato Adrover, Mario Mauro, Erik Meijer, Íñigo Méndez de Vigo, Emilio Menéndez del Valle, Willy Meyer Pleite, Rosa Miguélez Ramos, Marianne Mikko, Miroslav Mikolášik, Francisco José Millán Mon, Claude Moraes, Eluned Morgan, Luisa Morgantini, Philippe Morillon, Jan Mulder, Roberto Musacchio, Cristiana Muscardini, Joseph Muscat, Francesco Musotto, Sebastiano (Nello) Musumeci, Riitta Myller, Pasqualina Napoletano, Robert Navarro, Cătălin-Ioan Nechifor, Catherine Neris, Rareș-Lucian Niculescu, Ljudmila Novak, Vural Öger, Cem Özdemir, Péter Olajos, Jan Olbrycht, Seán Ó Neachtain, Gérard Onesta, Dumitru Oprea, Josu Ortuondo Larrea, Csaba Őry, Siiri Oviir, Reino Paasilinna, Justas Vincas Paleckis, Marie Panayotopoulos-Cassiotou, Vladko Todorov Panayotov, Marco Pannella, Pier Antonio Panzeri, Dimitrios Papadimoulis, Atanas Paparizov, Neil Parish, Ioan Mircea Pașcu, Bogdan Pęk, Maria Petre, Tobias Pflüger, Rihards Pīks, João de Deus Pinheiro, Józef Pinior, Mirosław Mariusz Piotrowski, Francisca Pleguezuelos Aguilar, Zita Pleštinská, Rovana Plumb, Anni Podimata, Zdzisław Zbigniew Podkański, Bernard Poignant, Adriana Poli Bortone, José Javier Pomés Ruiz, Mihaela Popa, Nicolae Vlad Popa, Christa Prets, Pierre Pribetich, Vittorio Prodi, Miloslav Ransdorf, Karin Resetarits, José Ribeiro e Castro, Teresa Riera Madurell, Giovanni Rivera, Marco Rizzo, Michel Rocard, Bogusław Rogalski, Zuzana Roithová, Luca Romagnoli, Raül Romeva i Rueda, Wojciech Roszkowski, Mechtild Rothe, Libor Rouček, Martine Roure, Christian Rovsing, Luisa Fernanda Rudi Ubeda, Heide Rühle, Eoin Ryan, Guido Sacconi, Aloyzas Sakalas, Katrin Saks, María Isabel Salinas García, Antolín Sánchez Presedo, Manuel António dos Santos, Daciana Octavia Sârbu, Amalia Sartori, Gilles Savary, Luciana Sbarbati, Pierre Schapira, Karin Scheele, Carl Schlyter, Frithjof Schmidt, Pál Schmitt, György Schöpflin, Adrian Severin, Czesław Adam Siekierski, Brian Simpson, Kathy Sinnott, Marek Siwiec, Alyn Smith, Csaba Sógor, Bogusław Sonik, María Sornosa Martínez, Bart Staes, Grażyna Staniszewska, Petya Stavreva, Struan Stevenson, Catherine Stihler, Theodor Dumitru Stolojan, Dimitar Stoyanov, Daniel Strož, Robert Sturdy, Margie Sudre, László Surján, Gianluca Susta, József Szájer, Konrad Szymański, Csaba Sándor Tabajdi, Antonio Tajani, Andres Tarand, Salvatore Tatarella, Marianne Thyssen, Silvia-Adriana Țicău, Gary Titley, Patrizia Toia, László Tőkés, Ewa Tomaszewska, Witold Tomczak, Antonios Trakatellis, Catherine Trautmann, Kyriacos Triantaphyllides, Helga Trüpel, Claude Turmes, Feleknas Uca, Inese Vaidere, Johan Van Hecke, Anne Van Lancker, Geoffrey Van Orden, Daniel Varela Suanzes- Carpegna, Yannick Vaugrenard, Armando Veneto, Riccardo Ventre, Donato Tommaso Veraldi, Bernadette Vergnaud, Marcello Vernola, Oldřich Vlasák, Johannes Voggenhuber, Sahra Wagenknecht, Diana Wallis, Henri Weber, Renate Weber, Anders Wijkman, Glenis Willmott, Janusz Wojciechowski, Francis Wurtz, Luis Yáñez-Barnuevo García, Zbigniew Zaleski, Mauro Zani, Andrzej Tomasz Zapałowski, Stefano Zappalà, Tomáš Zatloukal, Tatjana Ždanoka, Dushana Zdravkova, Vladimír Železný, Roberts Zīle, Gabriele Zimmer, Marian Zlotea, Tadeusz Zwiefka 6.8.2009 EN Official Journal of the European Union C 184 E/25
Wednesday 20 February 2008 Treaty of Lisbon
P6_TA(2008)0055
European Parliament resolution of 20 February 2008 on the Treaty of Lisbon (2007/2286(INI))
(2009/C 184 E/05)
The European Parliament,
— having regard to the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed on 13 December 2007,
— having regard to the Treaty on the European Union and the Treaty establishing the European Community as amended by the Single European Act and the Treaties of Maastricht, Amsterdam and Nice,
— having regard to the Charter of Fundamental Rights of the European Union of 12 December 2007 ( 1 ),
— having regard to the Laeken Declaration of 15 December 2001 on the Future of the Union,
— having regard to the Treaty establishing a Constitution for Europe signed in Rome on 29 October 2004,
— having regard to its resolution of 7 June 2007 on the roadmap for the European Union's constitutional process ( 2 ), and to its resolution of 11 July 2007 on the convening of the Intergovernmental Conference ( 3),
— having regard to Rule 45 of its Rules of Procedure,
— having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Regional Development, the Committee on Foreign Affairs, the Committee on Devel opment, the Committee on International Trade, the Committee on Budgets, the Committee on Industry, Research and Energy and the Committee on Civil Liberties, Justice and Home Affairs (A6-0013/2008),
Whereas:
A. Throughout the last 50 years the development of the European Union has been fundamental in estab lishing an area of peace and stability in a continent previously ravaged by war, in consolidating democracy, freedom and citizens' rights, in enhancing prosperity, solidarity and welfare through the creation of the world's largest single market with common rules for social standards, environmental and consumer protection, and fair competition and with an economic and monetary union, in enabling Member States to work together to address issues that transcend national borders and in giving Europe a stronger voice in world affairs,
B. There is a recognised need to reform and strengthen the structures of the Union in order to consolidate these achievements and to improve the capacity of a Union of twenty-seven, and potentially more, Member States to function effectively so as to enable it to face common new challenges and to be subject to greater democratic accountability,
C. This need was the origin of the successive reforms that, since the Treaty of Maastricht — which marked a shift in European integration, with the creation of an economic and monetary union and the passage from an essentially economic community to a political union — have tried to settle the institutional structure of the Union and led to the Declaration of Laeken, which also opened the way to a different process for reform based on the Convention method, and no longer based exclusively on intergovernmental conferences,
( 1 ) OJ C 303, 14.12.2007, p. 1. ( 2 ) Texts Adopted, P6_TA(2007)0234. ( 3 ) Texts Adopted, P6_TA(2007)0328. C 184 E/26 EN Official Journal of the European Union 6.8.2009
Wednesday 20 February 2008
D. The Treaty establishing a Constitution for Europe was drafted by a Convention, composed of two representatives from every national parliament, sixteen MEPs, two representatives of the European Commission and a representative of each national government, who prepared a draft in public deliber ation, producing a consensus which was left essentially unchanged by the 2004 Intergovernmental Conference, while the subsequent Treaty of Lisbon, which dropped some of the features of the Consti tution, resulted from more traditional intergovernmental working methods, albeit with the full participation of three representatives of the European Parliament,
E. The previous effort to reform the Union by means of replacing the Treaties with a Constitution was endorsed by a very large majority of the elected representatives of European citizens in the European Parliament ( 1) and was ratified by 2/3 of the Member States but was rejected by two (France and the Netherlands) and, after a period of reflection in which it became clear that the necessary approval by all Member States could not be attained, this approach was abandoned in favour of amending the pre- existing Treaties instead,
F. This shift in method and process, while retaining in a new form many of the practical adjustments to the institutional structure of the Union that it envisaged, implied a lowering of the ambition and the abandonment of several features of the Constitution, the postponement of the entry into force of some of its new mechanisms and the incorporation into the Treaties of particular measures specific to various Member States,
G. None the less, the fact that every single national government in the Union agreed to the Treaty demon strates that the elected governments of Member States all consider that this compromise is the basis on which they wish to work together in the future and will require each of them to demonstrate maximum political commitment to ensuring ratification before 1 January 2009,
H. It is necessary that the Treaty of Lisbon be ratified by all Member States by the end of 2008, in order to allow citizens to vote in the 2009 elections in full knowledge of the new institutional framework of the Union,
A positive step for the future of the Union
1. Concludes that, taken as a whole, the Treaty of Lisbon is a substantial improvement on the existing Treaties, which will bring more democratic accountability to the Union and enhance its decision-making (through a strengthening of the roles of the European Parliament and the national parliaments), enhance the rights of European citizens vis-à-vis the Union and improve the effective functioning of the Union's institutions;
More democratic accountability
2. Welcomes the fact that democratic accountability and decision-making powers will be enhanced, allowing citizens to have greater control over the Union's action, notably due to the following improvements:
(a) the adoption of all European Union legislation will be subject to a level of parliamentary scrutiny that exists in no other supranational or international structure:
— all European legislation will, with a few exceptions, be submitted to the dual approval, in equal terms, of the Council (composed of national ministers accountable to their parliaments) and of the European Parliament (composed of directly elected MEPs);
— the prior scrutiny by national parliaments of all legislation of the Union will be reinforced as they will receive all European legislative proposals in good time to discuss them with their ministers before the Council adopts a position and they will also gain the right to demand fresh scrutiny of a proposal if they are of the view that it does not respect the principle of subsidiarity;
( 1 ) By 500 votes in favour, 137 against and 40 abstentions (its resolution of 12 January 2005 on the Treaty establishing a Constitution for Europe [Corbett/Méndez de Vigo report], OJ C 247 E, 6.10.2005, p. 88.). 6.8.2009 EN Official Journal of the European Union C 184 E/27
Wednesday 20 February 2008
(b) the President of the Commission will be elected by the European Parliament, on a proposal of the European Council, taking into account the elections to the European Parliament;
(c) the High Representative of the Union for Foreign Affairs and Security Policy will be appointed by both the European Council and the President of the Commission and, as a member of the Commission, must undergo the same investiture procedure in Parliament as any other Commissioner: as a Vice-President of the Commission, the High Representative will be subject to the same rules as any other Commissioner as regards his or her investiture and the performance of his or her duties;
(d) a new, simpler and more democratic budgetary procedure with a single reading is established: the distinction between compulsory and non-compulsory expenditure is abolished, thus ensuring full parity between Parliament and Council as regards approval of the whole annual budget, while Parliament is also granted the right of consent to the legally binding Multiannual Financial Framework;
(e) democratic control in relation to the legislative powers delegated to the Commission will be reinforced through a new system of supervision in which the European Parliament or the Council may either call back Commission decisions or revoke the delegation of such powers;
(f) the consent of the European Parliament will be required for the approval of a wide range of inter national agreements signed by the Union, including those concerning domains subject to the ordinary legislative procedure in the internal sphere of the Union;
(g) the Council will meet in public when deliberating or voting on draft legislative acts, thus allowing citizens to see how their governments act in the Council;
(h) agencies, notably Europol and Eurojust, will be subject to greater parliamentary scrutiny;
(i) the Committee of the Regions will be able to bring cases before the Court of Justice of the European Union, its members' term of office will be increased to five years and its relations with the European Parliament will be defined more clearly;
(j) the procedure for revising the Treaties will, in future, be more open and democratic, as the European Parliament will also acquire the power to submit proposals to that end, the scrutiny of any proposed revision must be carried out by a Convention which will include representatives of national parliaments and of the European Parliament, unless Parliament agrees that this is not necessary, while new simplified revision procedures are introduced for amending, by unanimous decision, certain provisions of the Treaty, with the approval of the national parliaments;
Affirming values, strengthening rights of citizens, improving clarity
3. Welcomes the fact that the rights of citizens will be strengthened as a result of the following improvements:
(a) the EU Charter of Fundamental Rights, setting out a complete list of up-to-date civil, political, economic and social rights, will become legally binding; it will give the citizens of the Union legal certainty, ensuring that all provisions of EU law, and all action taken by the EU institutions or based on EU law, will have to comply with those standards, while respecting the principle of subsidiarity;
(b) the Union is to apply to accede to the European Convention on Human Rights, which will make the Union subject to the same external review as regards the obligation to respect citizens' rights, as its Member States;
(c) new provisions will facilitate participation by citizens and representative associations of civil society in the deliberations of the Union, building on their important contribution to the preparation of the Treaty; dialogue with social partners and dialogue with churches, religious communities and non- confessional organisations will be encouraged;
(d) the introduction of an EU citizens' initiative will enable citizens to submit proposals on matters where they consider that a legal act of the Union is required for the purpose of implementing the Treaties; C 184 E/28 EN Official Journal of the European Union 6.8.2009
Wednesday 20 February 2008
(e) judicial protection of citizens will be enhanced, since the jurisdiction of the Court of Justice will extend to matters relating to freedom, security and justice as well as to acts of the European Council, the European Central Bank and agencies of the Union, while provision will also be made to facilitate access for natural and legal persons to proceedings of the Court;
4. Welcomes the fact that the Treaty establishes in a clearer and more visible way the values, common to all Member States, on which the Union is founded, as well as the objectives of the Union and the principles governing its action and its relations with Member States:
(a) a clear delimitation of the competences of the Union vis-à-vis Member States is established, under the principle that all competences that are not conferred on the Union by the Treaties remain with the Member States;
(b) there is a greater emphasis on policies that visibly benefit citizens: there are new provisions of general application concerning the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, high levels of education, training and health, the elim ination of all kinds of discrimination and the promotion of equality between women and men; new provisions enhance the promotion of sustainable development and protection of the environment, including fighting climate change, and the respect of services of general interest; economic, social and territorial cohesion is reaffirmed as an objective of the Union;
(c) the confusion between the ‘European Community’ and ‘European Union’ will end as the European Union becomes one single legal entity and structure;
(d) a solidarity clause between Member States provides citizens with an expectation of receiving support from all parts of the Union in the event of a terrorist attack or a natural or man-made disaster;
(e) it confirms the specificity of the institutional organisation of the Union, to which Member States entrust certain of their competences that they consider to be better exercised through common mechanisms, while providing, for the avoidance of any doubts, sufficient guarantees that the Union will not become a centralised all-powerful superstate, such as:
— the obligation to respect the national identities of Member States, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government, as well as their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security;
— the principles of conferred powers (whereby the Union's only competences are those conferred on it by the Member States), subsidiarity and proportionality;
— the participation of the Member States themselves in the Union's decision-making system and in agreeing any changes to it;
— recognition of the right of any Member State that wishes to do so to leave the Union;
Greater effectiveness
5. Welcomes the fact that the new Treaty will strengthen the capacity of the Union's institutions to carry out their tasks more effectively, notably because:
(a) the areas in which the governments meeting in the Council decide by qualified majority voting rather than by unanimity will increase substantially, thus enabling the Union of twenty-seven Member States to function in more areas without being blocked by vetoes;
(b) a new system of double majority voting will facilitate the reaching of decisions in the Council;
(c) the European Council will become a fully-fledged institution of the European Union, and its six-month rotating presidency will be replaced by a President elected by its members for a two-and-a-half-year term, thus allowing for more coherence in the preparation and continuity of its work; 6.8.2009 EN Official Journal of the European Union C 184 E/29
Wednesday 20 February 2008
(d) the number of members of the Commission will be reduced, as of 2014, to 2/3 of the number of Member States, thus making it easier for the Commission to act, and making it even clearer that Commissioners are representatives of European interests and not of those of their countries of origin, while a rotation system will continue to ensure equal participation of all Member States;
(e) the Union's visibility and capacity as a global actor will be significantly enhanced:
— the Union's Foreign policy High Representative and the Commissioner for External Relations — two posts causing duplication and confusion — will be merged, creating a Vice President of the Commis sion/High Representative for Foreign Affairs and Security Policy who will chair the Foreign Affairs Council, and be able to speak for the Union on those subjects where the latter has a common position, thus ensuring more coherence in the external action of the Union;
— there will be a single external action service composed of civil servants of the Commission and the Council and of the national diplomatic services, which can be established by the Council only with the assent of the Commission and having consulted Parliament; this external service will be headed by the Vice-President of the Commission/High Representative, should be attached to the Commission and is intended to ensure greater consistency in the development and implementation of the Union's foreign policy;
— the Union's capacity to develop common structures in the field of security and defence policy will be reinforced, inter alia by the insertion of a clause providing for mutual aid and assistance in the event of armed aggression, thereby enhancing citizens' sense of security, while ensuring the necessary flexibility to cater for differing approaches of Member States to such matters;
(f) the distinction between legislative and executive instruments will be clarified, and a new definition of delegated acts will make it possible to simplify and streamline the legislation of the Union;
(g) the pillar structure is abandoned, allowing for unity of action in the different fields of activity of the Union with simplified mechanisms and instruments, although the specific nature of foreign and security policy implies specific procedures in these domains;
(h) action in the area of freedom, security and justice will have more ambitious goals and more effective procedures, no longer using separate intergovernmental instruments and procedures, and will be subject to judicial review, thus promising tangible progress with regard to justice, security and immigration issues;
(i) the Union's objectives and competences in the fields of climate change, children's rights, European Neighbourhood Policy, humanitarian aid, energy (including a reference in the Treaty to solidarity between Member States in this domain), space, research, tourism, sport, public health and civil protection are defined more clearly; common commercial policy is recognised as an exclusive competence of the Union;
(j) for a number of other matters, it will become possible to apply more efficient methods of decision- making as soon as there is the political will to do so;
(k) there is more room for flexible arrangements when not all Member States are willing or able to go ahead with certain policies at the same time;
Concerns
6. Is aware of the widespread regrets that, following the results of the referendums in France and the Netherlands, it was necessary, in order to secure a fresh agreement amongst the 27 Member States, to:
— abandon the constitutional approach and certain of its features, such as the notion of a Union based on the will of its citizens and Member States, a single and structured text, the clearer terminology to designate legislative instruments, the anchoring in the Treaty of the flag and the anthem and the use of the title ‘Foreign Minister’ instead of ‘High Representative’;
— postpone the implementation of important elements of the new Treaty, such as the entry into force of the new voting system in the Council (accompanied by special provisions for postponing votes known as the ‘Ioannina compromise’), and add restrictive mechanisms like ‘emergency brakes’ to the ordinary legislative procedure in some areas of competence; C 184 E/30 EN Official Journal of the European Union 6.8.2009
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— incorporate into the Treaty measures specific to particular Member States, such as the extension of the opt-in arrangements in relation to cooperation in police and criminal matters for two Member States, the protocol limiting the effect of the Charter on the domestic law of two Member States and the extra parliamentary seat attributed to a Member State in derogation of the principle of degressive proportionality; — modify the wording of several passages of the Treaty, or of the protocols and declarations annexed to it, entailing an unjustified shift to a negative tone, which gives an impression of mistrust vis-à-vis the Union and its institutions and thus sends a wrong signal to the public;
Conclusions
7. Endorses the Treaty and stresses the need for all Member States of the Union to achieve its ratification in good time for its entry into force on 1 January 2009; 8. Believes that the Treaty of Lisbon will provide a stable framework which will allow further development of the Union in future; 9. Is aware that an amending treaty is inevitably less clear and readable than a codified treaty; calls, therefore, for the immediate publication of the consolidated Treaties as revised by the Treaty of Lisbon, which would provide citizens with a clearer basic text of the Union; 10. Reiterates its request that all possible efforts be deployed, both by EU institutions and national authorities in accordance with the principle of sincere cooperation, in order to inform European citizens clearly and objectively about the content of the Treaty; 11. Instructs its committee responsible to prepare the necessary changes to its Rules of Procedure and to assess the need for further implementing measures; * * *
12. Instructs its President to forward this resolution and the report of the Committee on Constitutional Affairs to the national parliaments of the Member States, to the Council, to the Commission and to the former Members of the Convention on the Future of Europe, and to ensure that Parliament's services, including its information offices, provide ample information about Parliament's position on the Treaty.
Lisbon Strategy
P6_TA(2008)0057
European Parliament resolution of 20 February 2008 on the input for the 2008 Spring Council as regards the Lisbon Strategy
(2009/C 184 E/06)
The European Parliament, — having regard to the Commission's strategic package for the Lisbon Strategy comprising the strategic report on the renewed Lisbon strategy for growth and jobs and launching the new cycle (2008-2010), the assessment of national reform programmes and the integrated guidelines for growth and jobs (2008- 2010) set out in its communication to the Spring European Council (COM(2007)0803), and the Commission communication on a Proposal for a Community Lisbon Programme 2008-2010 (COM(2007)0804), — having regard to the Commission communication on The European Interest: Succeeding in the age of globalisation (COM(2007)0581), 6.8.2009 EN Official Journal of the European Union C 184 E/31
Wednesday 20 February 2008
— having regard to the Commission communication on Member States and Regions delivering the Lisbon strategy for growth and jobs through EU cohesion policy, 2007-2013 (COM(2007)0798),
— having regard to the 27 Lisbon national reform programmes (NRPs) for 2005-2008 as presented by the Member States,
— having regard to the European Council conclusions of 23 and 24 March 2000, 23 and 24 March 2001, 22 and 23 March 2005, 23 and 24 March 2006 and 8 and 9 March 2007, as well as the outcome of discussions at the Informal European Council of 27 October 2005,
— having regard to its resolution of 15 November 2007 on the European interest: succeeding in the age of globalisation ( 1 ),
— having regard to the 4th Joint Parliamentary Meeting held in Brussels on 11 and 12 February 2008,
— having regard to Rule 103(2) of its Rules of Procedure,
A. whereas the Commission promised to take full account of the views expressed by Parliament in its resolutions concerning the Lisbon Strategy, in particular its resolution on globalisation of 15 November 2007,
B. whereas Parliament, in its previous resolutions, has shown strong support for the Lisbon Strategy, and has especially welcomed the refocused approach centred around the strategy for growth and jobs,
C. whereas there is a strong interrelationship between economic growth, employment, the fight against poverty and social inclusion,
D. whereas the European Union and the Member States have a shared responsibility for addressing the challenges, opportunities and uncertainties of citizens regarding globalisation; whereas the European Union must take its political responsibility as a global player and contribute to achieving and shaping sustainable development in the world in the age of globalisation so that people everywhere can harness the opportunities offered by globalisation,
E. whereas the internal market is one important and efficient tool for building a dynamic and competitive knowledge-based economy and buttressing Europe's competitive position in the global market in order to improve the quality of life for its citizens,
F. whereas this Resolution, in accordance with the mandate of Parliament's Lisbon Strategy Coordination Group, and respecting the competencies of other Parliament committees, will not address details of ongoing legislation and consultation processes,
General considerations
1. Underlines, once again, the importance of a vigorous implementation of the Lisbon Strategy, empha sising the interdependence of economic, social and environmental progress in creating a dynamic and innovative sustainable economy;
2. Believes that economic development and future prosperity in Europe depend on the way in which better conditions for sustainable growth and job creation are created and the opportunities and challenges emerging from globalisation, demographic change and global environmental threats are met; believes that the European Union's common tool is the renewed Lisbon Strategy and the integrated guidelines;
3. Believes that in order to guarantee the success of the renewed Lisbon Strategy, it is also necessary to strengthen Europe's growth and to overcome insufficient domestic demand, which must be achieved via increases in revenues linked to increases in productivity and employment;
( 1 ) Texts Adopted, P6_TA(2007)0533. C 184 E/32 EN Official Journal of the European Union 6.8.2009
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4. Acknowledges that the European Union faces many challenges in the period ahead: a population which will start to decline by about 2020, increased economic pressure from global competitors, increased energy prices, climate change and social imbalances; takes the view that Europe must respond to these challenges with the right policy mix;
5. Notes that the Lisbon Strategy is developing positively; notes also, however, that there are still shortcomings in its implementation and no proper understanding of the fact that the European process of development towards more growth, job creation, adequate social security and appropriate environmental protection is still not immune to crises;
6. Points out that, as the world's largest exporter and importer of goods, largest exporter of services and second largest destination and origin of foreign direct investment, the European Union is one of the major beneficiaries of the open world economy; considers that, as such, the European Union has a strong responsibility for tackling global issues;
7. Welcomes the global dimension of the Lisbon process and notes that the Lisbon Strategy represents a European response to the opportunities and risks inherent in globalisation; in that connection, particularly emphasises the importance of transatlantic cooperation, as well as of improving cooperation with other major players such as China, India, Brazil and other economic areas of the world;
8. Calls for agreed rules and practices in world trade that are compatible with the Millennium Devel opment Goals and with the responsibility for leading the fight against climate change and promoting health; calls, in principle, for measures to be taken to combat protectionism both inside and outside the European Union; calls for collaboration and a fair approach to pursuing the Doha Round negotiations;
9. Stresses the undeniable value of a consistent stability and growth policy and the importance of macroeconomic stability as a source of the confidence that is the basis for achieving the Lisbon Strategy objectives; points out that, in the interest of macroeconomic stability, the rise in productivity must go hand in hand with fairer distribution and a strengthening of social cohesion; draws attention, in this connection, to the call for the rise in incomes to keep pace with medium-term growth in productivity;
10. Underlines, as does the Commission, that the Member States' economies are highly interdependent and that the argument for a common reform agenda is strongest in the euro area;
11. Points to the overriding importance of safeguarding the stability of financial markets, and notes that the recent subprime crisis shows the need for the European Union to develop oversight measures in order to strengthen the transparency and stability of the financial markets and better protect customers; requests an evaluation of the current systems and instruments of prudential supervision in Europe and insists on close consultation with Parliament, leading to clear recommendations on how to improve the stability of the financial system and its ability to provide secure long-term finance for European business;
12. Points out that subsidiarity is important to allow Member States to adapt commonly agreed policies on both security and flexibility to the specific practices and traditions of their national labour markets;
13. Recalls that cohesion policy is a fundamental principle of the treaties and a tool for achieving the Lisbon Strategy objectives for growth and jobs, up to 75 % of cohesion policy funds being earmarked for innovation and Lisbon Strategy objectives; considers that the leverage of cohesion policy in general, and the structural and cohesion funds in particular, must be used for the implementation of the Lisbon Strategy at regional level and that the results of this process need to be monitored closely at the regional and local levels; considers that the current favourable economic development should spur further reforms; stresses the need to examine the effect of the implementation of the Lisbon Strategy at regional level, 2008 being the first year when the preliminary results of the cohesion policy's earmarking exercise can be evaluated; 6.8.2009 EN Official Journal of the European Union C 184 E/33
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14. Considers that scientific and technological research forms one of the key elements of the Lisbon Strategy; agrees on the extreme importance of boosting research and development (R&D) and that Member States should take additional measures to meet their R&D investment targets for 2010 by indicating how national R&D investment targets for 2010 will be met and how their R&D strategies will contribute to realising a European research area; emphasises that the necessary move towards an energy-efficient, low- carbon economy based also on renewable sources through the development and implementation of new technologies will create diverse opportunities for the European Union; notes the huge opportunities afforded to the European economy by the development and roll-out of new technologies and services that will further the decarbonisation of the global economy; welcomes, in this context, the proposal by the Commission to establish a ‘fifth freedom’, the freedom of knowledge, completing the four freedoms of movement of goods, services, people and capital, and to pool EU and Member State R&D resources to ensure their more effective use;
15. Welcomes recent initiatives and investments in industrial and research policy; in this context, welcomes the establishment of the European Institute of Innovation and Technology and the recent investment in Galileo as efficient means for combining technology innovation needs with industry's research agenda; endorses the European Global Navigation Satellite System programmes (Galileo and the European Geostationary Navigation Overlay Service) as key EU projects; underlines the economic and public merits of these programmes and the benefits of new services and markets that they provide;
16. Considers that networks of excellence are needed in order to secure Europe's leading position in the economic and technological fields; believes that the Member States and regions should support the devel opment of clusters of excellence and measures to encourage competition and cooperation among them in order to boost further the culture of innovation; believes that the Commission, Member States and regional and local authorities should take further steps actively to support closer cooperation between public auth orities, research institutions, universities and industry;
17. Underlines the importance of Europe's businesses, citizens and authorities successfully completing their transition to the digital era and truly achieving the knowledge-based society and economy called for in the Lisbon Strategy; calls for science and technology to be further developed in the everyday lives of citizens and for an inclusive knowledge society for all to be promoted;
18. Urges the Member States' governments and their regional administrations, as the largest employers, buyers and service providers in the internal market, to drive innovation by creating pilot markets for innovative products and services;
19. Notes that small and medium-sized enterprises (SMEs) play a crucial role in creating new jobs and in exploiting new research; strongly endorses the Commission's proposed Small Business Act as a vehicle for creating opportunities for SMEs, encouraging the ‘think small first’ culture and setting out an integrated policy approach in order to unlock the growth potential at every stage of the life-cycle of SMEs;
20. Highlights the potential to help SMEs by reducing their regulatory burden, improving their access to public contracts and developing a more favourable regime for funding and exploiting innovation;
21. Acknowledges that within the European Union, innovative technologies must be more swiftly translated into new products and services; supports, therefore, the Commission's demand for a ‘knowledge triangle’ made up of research, education and innovation; expects more effective investment in new skills, lifelong learning and modern education/training systems;
22. Welcomes the fact that the Commission has undertaken to reduce the regulatory burden and is aiming at better regulation and encouraging Member States to adopt similar measures without putting in danger citizens' participatory rights and consumer protection; expects the Council and the Commission to meet their commitments as set out in the Interinstitutional Agreement on better law-making ( 1 ); notes with deep concern that a number of recent significant legislative proposals from the Commission have been put forward without prior impact assessments or adequate evaluation of the effects of earlier legislation in the same area;
( 1 ) OJ C 321, 31.12.2003, p. 1. C 184 E/34 EN Official Journal of the European Union 6.8.2009
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23. Underlines in this context the need for a new, comprehensive external and trade policy approach that focuses on worldwide convergence of rules, standards and regulatory cooperation; emphasises that Europe must maximise its potential as a springboard for businesses entering global markets and as an attractive location for investors; requests, furthermore, that all EU bilateral or regional trade agreements under negotiation include enforceable provisions on the implementation of core labour standards and other aspects of decent work, as well as of multilateral environmental standards;
24. Reiterates, once again, its belief that, in order to create a society responsive to change, the role of a more inclusive style of economic decision-making will be crucial; recalls the conclusions of the Spring 2005 European Council emphasising that a high level of social protection is central to the Lisbon Strategy; reaffirms that it is unacceptable that people should be living below the poverty line and in a position of social exclusion; reaffirms that all European citizens should have access to decent work and a decent life, even after retirement; supports further action to reinforce policies to combat poverty and social exclusion, with a view to adopting a comprehensive approach to renewing the decisive momentum given to the elimination of poverty by 2010 and to enabling all European citizens to gain access to their fundamental rights; highlights the legally binding incorporation of the Charter of Fundamental Rights of the European Union in the Treaty of Lisbon; asks for a commitment by the Spring 2008 European Council for an ambitious social agenda with a concrete impact on the results of the Lisbon Strategy;
25. Reiterates — given that social and territorial cohesion is one of the essential components of the internal market — the importance of boosting citizens' confidence by promoting social and environmental objectives common to the Member States, such as high-quality jobs, equality of opportunity, and protection of health and the environment, while respecting European cultural diversity; calls on the Commission to ensure that the EU performs its protective function in these areas and that regulatory competition among the Member States is avoided;
26. Believes that further integration of the transport sector into the Lisbon Strategy is necessary; insists that priority be given under the new integrated policy guidelines to sustainable transport, logistics and the development of the trans-European networks, and calls upon the Member States to ensure that the national plans submitted at the forthcoming Spring 2008 European Council reflect these priorities;
The internal market and strategic responses to globalisation
27. Stresses that a smoothly functioning internal market, a highly qualified workforce, a well-balanced social market economy and democratic stability are the strongest competitive advantage for Europe; points out that for third-country investors the internal market offers advantages such as a level playing field and free movement, but that access to the internal market should be accompanied by a similar openness to EU investors on the part of third countries with developed and emerging economies; notes that, in addition, best framework conditions for European enterprises need to be created, including better regulation, good governance, sound and fair competition, efficiently functioning venture-capital markets and commercialisation of the results of research and innovation;
28. Urges the Member States to place the European Union's competitiveness at the heart of their policy- making and to make the completion of the internal market a priority, particularly through timely and appropriate implementation of internal market directives and the removal of unjustified barriers to national markets; recalls, however, that the establishment of the internal market was based on competition, co operation and solidarity, which remain the basic preconditions for further achievements of the internal market in the twenty-first century; stresses that the internal market must be developed through fair competition rules, efficient fiscal and social protection systems and a high level of consumer protection;
29. Emphasises the need to complete the internal market and carry out the necessary reforms; calls on the Member States to endorse the remaining measures necessary to create an internal market in services, including financial services, and to ensure that their national regulators encourage new providers and products while ensuring a level playing field and appropriate transparency and legal certainty for the interests of individual investors; takes the view that new policy initiatives to complete the internal market should be more driven by an analysis of the impact they have on markets, economic sectors, the environment and the social sphere; 6.8.2009 EN Official Journal of the European Union C 184 E/35
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30. Underlines the need for an adequate level of protection of intellectual property rights and supports the initiative towards an affordable, secure and efficient patents system which would give incentives for investment and research efforts and foster capacity for innovation, in particular for SMEs; urges the three institutions to work together towards a political consensus on a real improvement of the patents system, by which citizens can profit from new products and services at affordable prices;
31. Notes that market-based instruments (MBIs) include a wide range of policy tools that are increasingly being used to achieve environmental objectives; takes the view that MBIs such as taxes, charges and emissions trading can foster an efficient allocation of natural resources and can contribute, in this context, to achieving the objectives of the Lisbon Strategy;
32. Reiterates its view on the benefits of shifting the tax burden from labour to environmental de gradation as an effective way to address both environmental and employment issues, and is of the opinion that the burden on labour must be diminished in order to create more jobs and fight the black economy;
33. Notes that the objectives of energy supply security and providing Europe's citizens with reasonably priced, sustainable mobility and energy and maintaining fair prices can be achieved via the same strategy as ambitious climate protection;
34. Calls on the Commission, in consequence, to implement consistently and rapidly the decisions of the 2007 Spring European Council and to make renewable energy and energy efficiency the priorities in reality of a common energy policy;
35. Points out that a major task of the European Union and the other industrialised countries is to switch to a low-energy-intensive economy based on renewable sources of energy, and that an efficient way of approaching this is the application of technologies which are already at hand, but for which we need bold policy action in order to implement them, including incentives and multilaterally agreed sanctions applying to those countries which are not ready to bear their share of the burden; emphasises that the necessary shift towards a sustainable, low-energy-intensive and low-carbon economy by means of the development and implementation of new technologies will create various opportunities for the European Union;
36. Emphasises the importance of transport policy for fighting climate change and addressing a broader set of environmental concerns, advocates policies that reduce unnecessary transport through a variety of measures and calls for Trans-European Transport Networks to be subject to a thorough strategic environmental impact assessment;
37. Calls on the Member States rapidly to expand the interconnected, interoperable Trans-European Transport Networks with particular regard to the needs in the new Member States within an efficient, sustainable and environmentally friendly transport policy; calls on the Commission and the Member States to apply the appropriate policy mix in order fully to exploit the potential of environmentally friendly, intelligent transport systems and technological innovations;
38. Points out that it is, therefore, crucial to ensure that future demand for logistics services is compatible with a smaller environmental impact and reduced greenhouse gas emissions; takes the view that sustainable transport relies on the ability of political decision-makers at the European, national and regional levels to provide efficient incentives for transport buyers, transporters and vehicle manufacturers to continue their efforts to create a more environmentally friendly logistics market;
The labour market and investment in people
39. Recognises that the EU Strategy for Growth and Jobs is showing benefits, but stresses, at the same time, that not all EU citizens have benefited thereunder; stresses that in order to face globalisation and the challenge of demographic change it is of the utmost importance to provide people with the necessary skills and opportunities in order attract more people into the labour market and make work a real option for everyone, especially through measures targeting people who are furthest away from the labour market; C 184 E/36 EN Official Journal of the European Union 6.8.2009
Wednesday 20 February 2008
40. Stresses that in order to ensure free movement and mobility on the labour market, the Council needs to adopt the directives on the organisation of working time, working conditions for temporary workers and the portability of pension rights and should revise Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council ( 1) without delay; stresses that the removal of barriers to mobility on the European labour market allows greater protection for the European workforce; notes that the European Union must make an effort to explain to citizens the benefits of an approach that effectively combines enlargement, integration, solidarity and labour mobility;
41. Reaffirms that Europe cannot afford the present high unemployment figures; notes that the European social model will not remain untouched by the upheavals that are happening worldwide; takes the view that, in order to face demographic challenge and secure sustainable public finances, Europe must pursue reforms of the labour markets and welfare systems so as to strengthen the incentives to work and provide people with the opportunities and skills to cope with change and facilitate their return to paid work; points out that, in order to maintain its competitiveness on the world scene, the European Union must undertake numerous reforms; believes that the level of trust between enterprises and workers that is needed for this course of action will increase as the social dialogue intensifies; underlines the importance of implementing the agreed common principles of flexicurity in a comprehensive and balanced way for both employees and employers;
42. Stresses that flexible working is increasingly demanded by both employers and employees, and supports the adoption of a balanced set of common principles regarding flexicurity; recalls that education, qualification and training form part of best employment policy and that childcare infrastructure is to be regarded as one of the preconditions for increasing participation, particularly by women in the labour market; encourages the Member States to mainstream these common principles in consultation with the social partners regarding their NRPs, and highlights the central role of work-life balance measures, the promotion of equal opportunities for all, training and retraining, active labour market policies, adequate social protection and the breakdown of labour market segmentation by ensuring employment rights for all workers;
43. Acknowledges the contribution of flexible, mobile, secure and efficiently functioning labour markets to social inclusion through the creation of employment opportunities for all groups in society; urges the Member States, therefore, to assess and improve employment regulations and invest in education, lifelong learning and active labour market policies so as to create the best possible conditions for high employment and labour mobility; emphasises the need to raise the basic skills of young people, prevent early school leaving, reduce precarious jobs and enhance the social and labour integration of all; points out that in the context of the 21st century's information society and knowledge-based economy, digital inclusion is of outstanding importance, particularly with regard to the disadvantaged, the elderly and the inhabitants of remote rural areas;
44. Notes with concern the trend towards widening inequality of income and wealth in the Member States; believes that such a trend should be reversed by appropriate national and European action to achieve a more cohesive society and to ensure that citizens perceive that they are benefiting from growth;
45. Notes that some Member States have introduced the concept of a minimum wage; suggests that other Member States might benefit from studying their experience; calls on the Member States to safeguard the preconditions for social and economic participation for all and, in particular, to provide for regulations on such matters as minimum wages or other legal and generally binding arrangements or through collective agreements in accordance with national traditions that enable full-time workers to make a decent living from their earnings;
46. Welcomes the Commission Communication on a Proposal for a Community Lisbon Programme 2008-2010 in that it proposes a more prioritised programme with only ten key objectives, which can be delivered during the period 2008-2010; underlines, however, that the major opportunity offered by the Lisbon Strategy is that of interconnecting different reform necessities and economic, environmental and employment instruments into a single reform agenda; calls on the Commission, therefore, to retain that coherent and integrative policy-mix approach and not to dismantle it by a move towards isolated policy measures;
( 1 ) OJ L 254, 30.09.1994, p. 64. 6.8.2009 EN Official Journal of the European Union C 184 E/37
Wednesday 20 February 2008
Measuring progress and monitoring Lisbon
47. Welcomes the Commission's efforts to reduce bureaucracy, in particular with a view to helping SMEs, and to improve legislative impact assessment; at the same time, deplores the fact that Parliament and the Commission have still not reached agreement on the type of impact assessment required; in that connection, reiterates its call for independent, external scrutiny of impact assessments;
48. Welcomes the Commission's target of reducing the administrative burden on business; looks forward to receiving concrete indications of how that target is being achieved while ensuring conditions of good governance; stresses that all levels of government can contribute to achieving that target and should therefore be involved in related policy decisions; calls, in connection with reducing bureaucracy and simplifying European legislation, for clear monitoring with a view to determining to what extent the leeway offered by European legislative acts is actually exploited by the Member States to take account of national specificities and innovation bottlenecks when transposing them;
49. Considers that Member States, together with stakeholders at national, regional and local level, are the main actors in delivering the Lisbon Strategy objectives; points out that those countries which are open to external competition, implementing reforms and pursuing budgetary balance, as well as high-quality public and private investment, are the ones that have experienced the greatest growth and created the most employment; regrets the fact that visibility of the Lisbon Strategy remains weak in the national politics of many Member States; takes the view that the mobilisation of all economic stakeholders is essential to ensuring its effective implementation; in particular, believes that a better involvement of social partners, national parliaments, regional and local authorities, and civil society would improve the results of the Lisbon Strategy and enhance the public debate on appropriate reforms; supports the Commission's proposal to the Member States to deepen the collaboration with national and regional parliaments, while providing for annual debates on the implementation of their NRPs;
50. Stresses the importance of the commitment of regional and local authorities and stakeholders to both the range and the innovative character of achievements; welcomes, in this context, the strong interest of the European Economic and Social Committee and the Committee of the Regions in monitoring the Lisbon Strategy;
51. Recalls that the integrated guidelines provide an important instrument of coordination and a common framework for diverse Member States to pursue their own national reform agendas; considers that analysis and feedback from Member States show that the guidelines are working, but that improvements are nevertheless needed when it comes to adapting to new economic and employment conditions as well as following up (benchmarking) the Member States; calls for a more comprehensive application and implementation of indicators and targets;
52. Welcomes the country reports drawn up by the Commission; calls, however, for a more systematic approach which highlights successes as well as shortcomings; supports the Commission's proposal to introduce particular ‘points to watch’ as part of multilateral surveillance, also providing a chance to improve national policy responses;
53. Regards the lack of proper monitoring as a major obstacle to well-informed policy choices; underlines in this respect that much better use could be made of the expertise and knowledge available within the European decentralised agencies in the fields of their competencies;
54. Welcomes, therefore, the Spring 2006 European Council decision to remedy the lack of monitoring data by instructing the Committee of the Regions to draft a study monitoring the ‘Growth and Jobs Strategy’, which involved 104 EU regions and cities sharing their views on the implementation of the Lisbon Strategy — a study to be presented to the Spring 2008 European Council; underlines that the study shows whether the Structural Funds' earmarking provision helps channel a greater share of Structural Fund expenditure towards innovation and environmental goals; awaits the evaluation in the study of the added value of the regionalisation of the Lisbon Strategy; C 184 E/38 EN Official Journal of the European Union 6.8.2009
Wednesday 20 February 2008
55. Believes that it is not at all self-evident how to measure the success of the Lisbon Strategy or, more generally speaking, which indicators would be appropriate ways to measure ‘progress’; takes the definite view, however, that monitoring successes and failures cannot be restricted to economic indicators such as GDP/GNI alone, since they are — at best — indicators of wealth creation over a given period, but do not even give reliable information about the level of wealth in a society, and far from give any hint of the social and environmental costs at which such additional wealth creation comes;
56. States that there is a need to develop and apply a multidimensional approach to assessing human wellbeing beyond the realm of GDP/GNI; welcomes, therefore, the deliberations of the Organisation for Economic Cooperation and Development at its Second World Forum on ‘Statistics, Knowledge and Policy’, entitled, ‘Measuring and Fostering the Progress of Societies’ in June 2007 and the discussions at the Commission Conference ‘Beyond GDP’ held in Parliament in November 2007, because reliable data are an important basis for informed political choices;
57. Welcomes, therefore, the work undertaken by various Commission Directorate Generals in developing new qualitative indicators; urges that those indicators — whether they relate to the social dimension, like the poverty indicator, or the environmental dimension, like the biodiversity indicator — be used in upcoming evaluations of the NRPs and incorporated in the Commission's monitoring, thereby creating a more complete set of indicators to measure the success of the Lisbon Strategy;
58. Insists on guarantees of proper cooperation between, and full involvement of, the three EU insti tutions in the follow-up to the Lisbon Strategy; urges the Council and the Commission to acknowledge the role of the European Parliament, which is closely monitoring the Lisbon Strategy and NRPs, ensuring important budgetary resources for the Lisbon goals and cooperating closely with national parliaments on important legislative provisions;
* * *
59. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and candidate countries.
Broad Economic Policy Guidelines for 2008-2010
P6_TA(2008)0058
European Parliament resolution of 20 February 2008 on the Integrated Guidelines for Growth and Jobs (Part: broad guidelines for the economic policies of the Member States and the Community): Launching the new cycle (2008–2010) (COM(2007)0803 — 2007/2275(INI))
(2009/C 184 E/07)
The European Parliament, — having regard to the Commission communication on Integrated Guidelines for Growth and Jobs (2008- 2010) (COM(2007)0803, Part V), — having regard to the Commission communication on Member States and Regions delivering the Lisbon strategy for growth and jobs through EU cohesion policy, 2007-2013 (COM(2007)0798), — having regard to the 27 Lisbon National Reform Programmes (NRPs) as presented by the Member States, 6.8.2009 EN Official Journal of the European Union C 184 E/39
Wednesday 20 February 2008
— having regard to the Presidency conclusions following the meetings of the European Council in March 2000, March 2001, and March 2005,
— having regard to the Commission Integrated Guidelines for Growth and Jobs (2005-2008) (COM(2005)0141) (the Integrated Guidelines),
— having regard to the Commission communication entitled, ‘Strategic report on the renewed Lisbon strategy for growth and jobs: launching the new cycle (2008-2010)’ (COM(2007)0803),
— having regard to its resolution of 15 November 2007 on the European interest: succeeding in the age of globalisation ( 1 ),
— having regard to Article 99(2) of the EC Treaty,
— having regard to Rules 107 and 45 of its Rules of Procedure,
— having regard to the report of the Committee on Economic and Monetary Affairs (A6-0029/2008),
A. whereas macroeconomic stability is secured by a sound mix of a number of economic policies; whereas challenges to stability should be addressed not only by way of macroeconomic measures but also by the implementation of structural reforms in goods, labour and capital markets,
B. whereas more remains to be done to prepare the European Union and Member States for globalisation and strengthen foundations for economic success and more social cohesion in the medium to longer term,
C. whereas there is an opportunity to ‘capitalise for everybody’ on the momentum of the unique competitive advantage derived from the enlargements of the European Union and its further integration,
D. whereas sharing a common currency and a common monetary policy offers an extra dimension for integrating economies and coordinating policy strategies that could strengthen the role of the euro area in delivering growth and jobs for the whole European Union,
E. whereas the integrated guidelines are a central instrument of EU macroeconomic policies for growth and jobs, focusing on a medium-term period of three years,
F. whereas the European Union and Member States must carry out macroeconomic as well as micro economic policies to make Europe a more attractive place in which to invest and work and to boost knowledge and innovation for growth,
G. Whereas the European Union committed itself at the 2007 Spring European Council to quantitative targets for greenhouse gas reduction and an increased share of renewable energies by 2020,
H. whereas financial services are particularly important since this sector plays a key role as an enabler in the development of so many areas of economic activity,
I. whereas policies aimed at increasing investment in knowledge and human resources as well as those strengthening the innovation capacity of the EU economy are at the heart of the Lisbon strategy for growth and jobs,
J. whereas economic conditions for converting the creative energy of people into innovative economic results, e.g. new ideas, high-tech businesses and regional development, are insufficiently developed and remain fragmented,
K. whereas in the context of accelerated globalisation, improved international consistency of legislative provisions, including a commitment to high environmental and social standards, is of decisive importance,
( 1 ) Texts Adopted, P6_TA(2007)0533. C 184 E/40 EN Official Journal of the European Union 6.8.2009
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L. whereas the stability of and trust in the European Union can be ensured only through the common understanding of legislation and rules that properly reflect reality,
M. whereas it is not possible to achieve substantial progress in creating a knowledge-driven society without the active involvement of all EU citizens,
Economic framework
Securing growth and macroeconomic stability
1. Welcomes the Commission's Strategic report assessing the implementation of the renewed Lisbon strategy for growth and jobs, including updated Integrated Guidelines; supports the Council's view that the renewed strategy must add value at Community level to improve the coherence of reforms and maximise positive spill-over effects and ensure that the Lisbon reform agendas effectively result in more and better jobs throughout the European Union;
2. Underlines, once again, the importance of a vigorous implementation of the Lisbon strategy and the Integrated Guidelines, emphasising the interdependence of economic, social and environmental progress in creating a dynamic and innovative sustainable economy;
3. Considers that growing imbalances, aggregate demand and global inflationary pressure may become a significant challenge for monetary policy given the prolonged uncertainty on financial markets; underlines that a healthy and stable macroeconomic environment requires high-quality public finances with budgets that are further consolidated, and an intelligent private and public investment policy that delivers forward- looking infrastructure and opens up tomorrow's markets today; calls for coordinated action to increase the resilience of the EU economy;
4. Believes that sound economic policies would help to strengthen confidence and reduce uncertainty in the current financial turmoil; considers that for 2008, the European Union needs to enhance its growth potential in order to be able to generate employment, particularly in the light of its enlargement to 27 Member States;
5. Points out that in the interest of macroeconomic stability, the rise in productivity must go hand-in- hand with a fairer distribution of the benefits of growth and a strengthening of social cohesion; draws attention, in this connection, to the call for the rise in incomes to keep pace with medium-term growth in productivity;
6. Stresses that growing financial imbalances and excessive volatility of exchange rates as well as the credit squeeze and the prolonged uncertainty on financial markets are a significant challenge for macro economic policy makers and monetary policy in particular;
7. Points out that increased attention should be paid to better synergies between budgetary policy, wages and productivity growth while also considering the implications of budgetary policy on macroeconomic developments;
8. Is concerned about the high levels of the euro exchange rate that harm the competitiveness of the European economy and that, at those levels, reduce the margin of manoeuvre for monetary policy; supports the independence of the European Central Bank in setting monetary policy and emphasises that the appreciation of the euro exchange rate is the result of mounting imbalances in third countries and a lack of internal demand in the euro area; 6.8.2009 EN Official Journal of the European Union C 184 E/41
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9. Stresses the need for a sound fiscal policy as a pre-condition for sustained growth and job creation in each Member State in line with the relevant provisions of the Treaty as common responsibility of the European Union; underlines the high importance of public finance efficiency and considers that in most countries consolidation of public finances could help keep intact long-term fiscal sustainability; underlines the importance of modernising public administration as a tool for improving the efficiency and effectiveness of public finances;
Sound financial markets
10. Points out that a well-integrated financial system might enhance the efficiency of monetary policy, especially in the euro area; believes that financial markets can make a substantial contribution to macro economic and fiscal sustainability; suggests examining specific financial market guidelines linked to an improved understanding of possible further financial crises and to improved transparency, responsibility and supervision for investors, markets and regulators;
11. Notes that the risk-based approach in capital requirements facilitates cross-border capital flows driven by specific corporate strategies in big financial groups and poses a macroeconomic challenge for smaller Member States; is strongly convinced that effective financial supervision and transparency are essential in order to contain macroeconomic imbalances;
12. Stresses the interdependence of Member States' economies, especially in the euro area; considers that the Integrated Guidelines should set a broad framework for closer economic policy coordination to align NRPs; suggests that, in doing so, a more sensitive approach towards convergence, which reflects economic diversity and differing traditions in order to strengthen broad-based support for the common EU project;
13. Takes the view that stimulating private investment and joint initiatives in the area of private and public cooperation, while respecting financial consolidation, can unleash substantial synergies, improve Europe's ability to meet the existing challenges in the fields of science and research, transport and communi cation, energy and environmental sustainability and will support the efficient allocation of resources throughout Europe;
Shaping the external agenda
14. Highlights that a deregulated global financial system is beyond the direct influence of EU policies and can transmit a risk of financial instability; stresses that a homogeneous and coherent approach of regulators and legislators is a necessary prerequisite to counterbalancing the cross-border spread of risk; believes that it is necessary to re-assess the impact of the business model and role of multinational financial groups on global financial markets;
15. Points out that the European Union and the Member States have a shared responsibility for addressing the challenges, opportunities and uncertainties facing citizens as a result of globalisation; is convinced that in order to promote European competitiveness in a globalised world, the external dimension of the internal market must be developed; recalls that the European Union will not merely adapt passively to globalisation, but will, on the contrary, shape globalisation; underlines the importance of enhanced strategic cooperation at international level, particularly through the transatlantic relations, and working together within stronger multilateral organisations by promoting core EU principles — solidarity, democracy, rule of law and respect for human rights;
16. Calls for measures to be taken to combat protectionism both inside and outside the European Union; stresses that protectionism undermines rather than protects the rights of consumers and citizens;
Regaining business dynamism
Strengthening economic policy coordination
17. Considers that the European Union should demonstrate, in the course of multilateral rounds of various multilateral negotiations such as those of the WTO, the common view which really shares the interests of every single Member State; C 184 E/42 EN Official Journal of the European Union 6.8.2009
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Focusing on priority areas
18. Urges the Commission to develop a consistent integrated policy towards sustainable development; believes that the sustainable use of resources and strengthening the synergies between environmental protection and growth as well as improving innovative performance can by achieved by encouraging the development and use of environmentally friendly technologies, and ‘greening’ public procurement, with particular attention to small and medium-sized enterprises (SMEs);
19. Stresses the role of market-based instruments (MBIs) to deliver the targets set at the 2007 Spring European Council to transform Europe into an energy-efficient and renewables-based economy; considers that continued upward pressure on energy prices and accumulating threats to the climate mean that it is important to promote energy-efficiency improvements as a contribution to both growth and sustainable development; points out that EU companies are among the world leaders in developing renewable energy technologies;
20. Welcomes the proposal by the Commission to establish a ‘fifth freedom’ namely research and innovation — the freedom of knowledge — complementing the four freedoms of movement of goods, services, people and capital;
21. Considers that in the context of rising food prices that appear to be permanent rather than cyclical, the mechanisms of the Common Agricultural Policy (CAP) that constrain supply should be revised; believes that the CAP can play a key role in stabilising food prices;
22. Reiterates its view of the benefits of shifting the tax burden from labour to environmental de gradation as an effective way to address both environmental and employment issues and is of the opinion that the burden on labour has to be diminished to create more jobs and fight the black economy;
Enhancing internal market
23. Points out that as a result of the failure to complete the internal market, EU productivity is lagging behind its potential and does not allow the full exploitation of global market opportunities; considers that while the internal market for goods is relatively well integrated, services markets, including financial services, remain rather fragmented; calls for accelerated integration of the services market by the consistent and coherent implementation and enforcement of the agreed rules and the removal of obstacles to competition and market entry; notes that the delivery, at affordable prices, of effective services of general economic interest has an important role to play in a competitive and dynamic economy;
24. Emphasises that the implementation of the four freedoms should be carried out in the same way and to the same extent across European Union and that their functioning should be constantly monitored;
25. Stresses the necessity to open up the network industries for competition by ensuring a level playing field and effective competition in European-wide integrated markets; in this sense, believes that public ownership in the electricity and gas markets is one of the main elements leading to distortions at the European level, and that the stimulus for competition in those markets must be further improved; is convinced that expansion, improvement and linking up European infrastructure, especially focusing on cross-border projects and interconnection between old and new Europe, should help to develop adequate conditions for substantial improvement in productivity in the transport, energy and ICT sectors;
Contribution of taxation policy to the Lisbon Agenda
26. Notes the need for a coordinated fiscal framework, which should be favourable to companies, in particular SMEs, and geared to renewing growth and generating employment;
27. Points out that, in terms of state funding, the European Union must promote tax arrangements in order to encourage the creation of new businesses and technological innovation; notes that this might involve, inter alia, a reduction in taxes that undermine efficiency and job creation, particularly for specific social groups such as women, the long-term unemployed and the elderly; 6.8.2009 EN Official Journal of the European Union C 184 E/43
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Investing in people and modernising labour markets
Entrepreneurship and creativity
28. Is convinced that it is crucial for promoting an entrepreneurial culture and creating a supportive environment for SMEs that the governance system of an institutional framework for innovation is stream lined, underpinned by an efficient funding system that provides funding during all stages of the innovation process, from the development of an idea to its implementation at enterprise level; points out that structural policy must be drafted in a flexible way to accommodate the creative self-expression and facilitate a gainful utilisation of creative ideas; 29. Strongly believes that better regulation and the implementation of ambitious targets in reducing the burden arising from new EU legislation contributes to a more competitive business environment and encourages private initiative; calls on Member States to set equally ambitious targets stemming from all levels of national legislation; points out that particular attention must be paid to strengthening the efficiency of institutional and administrative capacity of Member States;
Life-cycle approach
30. Considers that active labour policies should combine policies focused on ‘flexicurity’ with new forms of security, including motivation for active job searching as well as better anticipation and positive management of change, including economic restructuring, to minimise social exclusion and facilitate adaptability; is convinced that particular attention should be focused on ways in which to reach citizens more effectively and address their expectations and needs;
31. Considers that the life-cycle approach should be developed to encounter demographic challenges actively, including the modernisation of pension systems, to ensure financial, economic and social sustain ability;
32. Believes that education is a key determinant of long-term growth potential and an effective instrument to fight poverty and exclusion and enables people to improve living standards; recommends that more effective measures be implemented by the European Union and Member States to make a higher investment in education and improve access to education and training for all; 33. Is of the opinion that, with a view to enhancing participation in continuous and workplace training throughout the life-cycle, especially for low-skilled and older workers, efficient life-long learning strategies can counter-balance the negative impact of the ageing EU work force; considers, however, that a determined effort must be made to raise the basic skills of young people, drastically reduce early school leaving and the underdevelopment of skills in general, and reinforce the social and labour integration of migrants and disabled people, in particular by fostering skills development;
Immigration policy
34. Is strongly convinced that an effective immigration policy should be considered in the light of skills shortages and labour market requirements; believes that further developing a comprehensive European migration policy complementing Member States' policies remains a fundamental priority in order to meet the challenges and harness the opportunities which migration represents in a new era of globalisation;
35. Considers that promoting growth and cooperation with third countries, and further economic openness of the European Union, remains vital for the purpose of well-managed migration flows and the fight against the causes and facilitators of illegal immigration; admits that the European Union urgently needs a coherent policy for legal migration, such as economic migration;
Improving economic governance
36. Welcomes the country reports drawn up by the Commission; calls, however, for a more systematic approach, which highlights successes as well as shortcomings; supports the Commission's proposal to introduce particular points to watch as part of multilateral surveillance as well as a chance to improve national policy responses; acknowledges that the role of the regional level in delivering growth and jobs should be increased, as it is recognised in the new generation of programmes of the cohesion policy covering the period 2007 to 2013; C 184 E/44 EN Official Journal of the European Union 6.8.2009
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37. Regrets the fact that the visibility of the Lisbon Strategy remains weak in the national politics of many Member States; takes the view that the mobilisation of all economic stakeholders is essential to ensure its effective implementation; in particular, believes that a better involvement of the social partners, national parliaments, regional and local authorities as well as civil society will improve the results of the Lisbon Strategy and enhance the public debate on appropriate reforms; supports the Commission's proposal to the Member States to deepen the collaboration with national and regional parliaments while providing for annual debates on the implementation of their NRPs;
38. Calls on the Council to take account of the following modifications:
COMMISSION RECOMMENDATION MODIFICATIONS BY PARLIAMENT
Modification 1
Guideline 1
Guideline 1. To secure economic stability for sustainable growth Guideline 1. To secure economic stability for sustainable growth, social inclusion and increased employment in the global environment
1. In line with the Stability and Growth Pact, Member States 1. In line with the Stability and Growth Pact, Member States should respect their medium-term budgetary objectives. As long should respect their medium-term budgetary objectives. As long as this objective has not yet been achieved, they should take all as this objective has not yet been achieved, they should take all the necessary corrective measures to achieve it. Member States the necessary corrective measures to achieve it and ensure the should avoid pro-cyclical fiscal policies. Furthermore, it is modernisation of public administration as well as the consoli necessary that those Member States having an excessive deficit dation of public finances. Member States should avoid pro- take effective action in order to ensure a prompt correction of cyclical fiscal policies. Furthermore, it is necessary that those excessive deficits. Member States having an excessive deficit take effective action in order to ensure a prompt correction of excessive deficits.
2. Member States posting current account deficits that risk 2. Member States posting current account deficits that risk being unsustainable should work towards correcting them by being unsustainable should work towards correcting them by implementing structural reforms, boosting external competi implementing structural reforms, boosting external competi tiveness and, where appropriate, contributing to their correction tiveness and, where appropriate, contributing to their correction via fiscal policies. via fiscal policies as well as through the consolidation of the results of economic growth and paying attention to better synergies between budgetary policy and productivity growth.
2a. In the interest of stability, Member States should not leave to monetary policy alone the whole responsibility for fighting the risk of inflation, particularly in the current situation of high exchange rates. Member States should put in place all other policies that can help fight the risk of inflation.
2b. Member States should increase the resilience of the EU economy by developing the external dimension of the internal market to address the issues related to growing global imbalances.
2c. Following the recent turbulences in the financial markets, the necessary measures to avoid a credit crunch and restore confidence in the financial markets must be taken to meet the investment needs of public and private actors. 6.8.2009 EN Official Journal of the European Union C 184 E/45
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COMMISSION RECOMMENDATION MODIFICATIONS BY PARLIAMENT
Modification 2
Guideline 2
Guideline 2. To safeguard economic and fiscal sustainability as a Guideline 2. To safeguard economic and fiscal sustainability as a basis for increased employment basis for enhanced growths prospects
Member States should, in view of the projected costs of ageing Member States should, in view of the projected demographic populations, challenges ahead:
1. undertake a satisfactory pace of government debt 1. reform and re-enforce pension, social insurance and health reduction to strengthen public finances; care systems to ensure that they are financially viable and sustainable as well as socially adequate and accessible;
2. reform and re-enforce pension, social insurance and health 2. undertake a satisfactory pace of government debt care systems to ensure that they are financially viable, socially reduction at the same time improving debt management to adequate and accessible; strengthen public finances;
3. take measures to increase labour market participation and 3. take measures to increase labour market participation and labour supply especially amongst women, young and older labour supply especially amongst women, young and older workers, and promote a lifecycle approach to work in order workers, and promote a lifecycle approach to work in order to increase hours worked in the economy. to increase hours worked in the economy; and
3a. implement the ‘fifth freedom’ of knowledge and promote new skills; ensure life-long learning for all and modernise infrastructures for research, education and training systems.
Modification 3
Guideline 3
Guideline 3. To promote a growth- and employment-orientated Guideline 3. To promote a growth- and employment-orientated and efficient allocation of resources and efficient allocation of resources and strengthen confidence in the economy
Member States should, without prejudice to guidelines on Member States should, without prejudice to guidelines on economic stability and sustainability, re-direct the composition economic stability and sustainability, re-direct the composition of public expenditure towards growth-enhancing categories in of public expenditure towards growth-enhancing categories in line with the Lisbon strategy, adapt tax structures to strengthen line with the Lisbon strategy, adapt tax structures to strengthen growth potential, ensure that mechanisms are in place to assess growth potential, encouraging productivity-led growth, ensure the relationship between public spending and the achievement that mechanisms are in place to assess the relationship between of policy objectives, and ensure the overall coherence of reform public spending and the achievement of policy objectives, such packages. as high-quality investment in the Lisbon targets, and ensure the overall coherence of reform packages.
Modification 4
Guideline 4
Guideline 4. To ensure that wage developments contribute to Guideline 4. To ensure that wage developments contribute to macroeconomic stability and growth macroeconomic stability and growth
And to increase adaptability, Member States should encourage And to increase adaptability, Member States should encourage the right framework conditions for wage-bargaining systems, the right framework conditions for wage-bargaining systems, while fully respecting the role of the social partners, with a while fully respecting the role of the social partners, with a view to promote nominal wage and labour cost developments view to promote nominal wage and labour cost developments consistent with price stability and the trend in productivity over consistent with price stability and the trend in productivity over the medium term, taking into account differences across skills the medium term, in particular taking into consideration and local labour market conditions. financial market professionals, as well as differences across skills and local labour market conditions. C 184 E/46 EN Official Journal of the European Union 6.8.2009
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COMMISSION RECOMMENDATION MODIFICATIONS BY PARLIAMENT
Modification 5
Guideline 5
Guideline 5. To promote greater coherence between macro Guideline 5. To promote greater coherence between macro economic, structural and employment policies economic, structural and employment policies
Member States should: 1. improve economic policy coordination to align their national reform agendas while taking into consideration economic diversity and differing traditions;
Member States should pursue labour and product markets 2. pursue labour and product markets reforms that at the reforms that at the same time increases the growth potential same time increases the growth potential and support the and support the macroeconomic framework by increasing flexi macroeconomic framework ensuring flexibility by way of bility, factor mobility and adjustment capacity in labour and new forms of security, factor mobility and adjustment product markets in response to globalisation, technological capacity in labour and product markets in response to global advances, demand shift, and cyclical changes. In particular, isation, technological advances, demand shift, and cyclical Member States should: renew impetus in tax and benefit changes. In particular, Member States should: renew impetus reforms to improve incentives and to make work pay; in tax and benefit reforms to improve incentives and to make increase adaptability of labour markets combining employment work pay; increase adaptability of labour markets combining flexibility and security; and improve employability by investing employment flexibility and security; and improve employability in human capital. by investing in human capital;
3. pay particular attention to strengthening institutional and administrative efficiency; and
4. contribute to developing a comprehensive EU policy on immigration, including criteria and procedures for economic migration appropriate to labour market requirements.
Modification 6
Guideline 6
Guideline 6. To contribute to a dynamic and well-functioning Guideline 6. To contribute to a dynamic and well-functioning EMU, euro area Member States need to ensure better EMU, euro area Member States need to ensure better coordination of their economic and budgetary policies, in coordination of their economic and budgetary policies, in particular: particular:
-1. maximise positive spill-over effects of reforms as sharing a common currency and a common monetary policy offers an extra dimension to coordination;
1. pay particular attention to fiscal sustainability of their 1. pay particular attention to fiscal sustainability of their public finances in full compliance with the Stability and public finances in full compliance with the Stability and Growth Pact; Growth Pact;
2. contribute to a policy mix that supports economic 2. contribute to a policy mix that supports economic recovery and is compatible with price stability, and thereby recovery and is compatible with price stability, and thereby enhances confidence among business and consumers in the enhances confidence among business and consumers in the short run, while being compatible with long term sustainable short run, while being compatible with long term sustainable growth; growth; 6.8.2009 EN Official Journal of the European Union C 184 E/47
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COMMISSION RECOMMENDATION MODIFICATIONS BY PARLIAMENT
3. press forward with structural reforms that will increase 3. press forward with structural reforms and pursue euro area long-term potential growth and will improve its investment priorities in line with the Lisbon goals that will productivity, competitiveness and economic adjustment to increase euro area long-term potential growth and will improve asymmetric shocks, paying particular attention to employment its productivity, competitiveness and economic adjustment to policies; and asymmetric shocks, paying particular attention to employment policies; and
4. ensure that the euro area's influence in the global 4. ensure that the EU and euro area's influence in the global economic system is commensurate with its economic weight. economic system is commensurate with their economic weight.
Modification 7
Guideline 7, introductory part and paragraphs 1, 2 and 3
Guideline 7. To increase and improve investment in R & D, in Guideline 7. To increase and improve investment in R & D, in particular by private business, the overall objective for 2010 of particular by private business, the overall objective for 2010 of 3 % of GDP is confirmed with an adequate split between private 3 % of GDP is confirmed with an adequate split between private and public investment, Member States will define specific and public investment and to promote an entrepreneurial intermediate levels. Member States should further develop a culture and encourage private initiative, Member States mix of measures appropriate to foster R & D, in particular should further develop a mix of measures appropriate to business R & D, through: foster the modernisation of the economy and all forms of innovation, by:
1. improved framework conditions and ensuring that 1. developing market-responsive institutions and improved companies operate in a sufficiently competitive and attractive framework conditions to ensure that companies operate in a environment; sufficiently competitive business environment and benefit from implementation of innovations;
2. more effective and efficient public expenditure on R & D and developing PPPs;
3. developing and strengthening centres of excellence of educational and research institutions in Member States, as well as creating new ones where appropriate, and improving the cooperation and transfer of technologies between public research institute and private enterprises;
3a encouraging the decentralisation of industrial research centres for their further reconnection with education centres and exploring the diversity of different research cultures;
Modification 8
Guideline 11, paragraphs 4a and 4b (new)
4a. deliver on the commitments they have taken at the 2007 Spring European Council to tackle the energy and environmental challenge; and
4b. in a context of rising food prices that seems not to be cyclical but will remain in place, revise the mechanisms of the Common Agricultural Policy that constrain the supply. C 184 E/48 EN Official Journal of the European Union 6.8.2009
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COMMISSION RECOMMENDATION MODIFICATIONS BY PARLIAMENT
Modification 9
Guideline 12
Guideline 12. To extend and deepen the internal market, Guideline 12. To extend and deepen the internal market and Member States should: ensure open and competitive markets, Member States should:
1. speed up the transposition of internal market directives; 1. speed up the transposition of internal market directives and eliminate remaining obstacles to cross-border activity;
2. give priority to stricter and better enforcement of internal 2. give priority to stricter and better enforcement of internal market legislation; market legislation;
3. eliminate remaining obstacles to cross-border activity; 3. eliminate remaining obstacles to cross-border activity;
4. apply EU public procurement rules effectively; 4. apply EU public procurement rules effectively;
5. promote a fully operational internal market of services, 5. promote a fully operational internal market of services while preserving the European social model; and ensure universal, accessible and sustainable public services with affordable prices and high-quality standards for all, while preserving the European social model;
6. accelerate financial market integration by a consistent 6. accelerate market integration of services, including and coherent implementation and enforcement of the financial services, by a coherent implementation of internal Financial Services Action Plan. market legislation and enforcement of the Financial Services Action Plan while improving transparency, responsibility and supervision for investors, markets and regulators with regard to alternative as well as non-alternative financial market investment activities;
6a. contribute to the development of a balanced approach towards the regulation of the cross-border spread of financial risk;
6b. develop adequate conditions for enhanced resource- efficiency in transport and energy infrastructures, focusing on cross-border sections, peripheral regions and the interconnection between ‘old’ and ‘new’ Member States; and
6c. play a leading role at the international level regarding issues of crisis management and the improvement of the current global supervision arrangements.
Modification 10
Guideline 13, paragraph 6a (new)
6a. the completion of a transatlantic market;
* * *
39. Instructs its President to forward this resolution to the Council and the Commission, and the governments and parliaments of the Member States. 6.8.2009 EN Official Journal of the European Union C 184 E/49
Wednesday 20 February 2008 An EU Strategy for Central Asia
P6_TA(2008)0059
European Parliament resolution of 20 February 2008 on an EU Strategy for Central Asia (2007/2102(INI))
(2009/C 184 E/08)
The European Parliament,
— having regard to its previous resolutions on Central Asia, in particular those of 26 October 2006 on Uzbekistan ( 1 ), of 16 March 2006 on Kazakhstan ( 2) and of 12 May 2005 on the situation in Kyrgyzstan and Central Asia ( 3 ),
— having regard to the Partnership and Cooperation Agreements (PCAs) concluded between the EU and Uzbekistan, Kyrgyzstan and Kazakhstan, all in force since 1999, to the Interim Agreement on Trade and Trade-Related Matters between the European Community and the European Atomic Energy Community, of the one part, and the Republic of Tajikistan, of the other part ( 4), signed on 11 October 2004, to the PCA between the EU and Tajikistan, which has not yet been ratified, and to the Commission's proposal for an Interim Agreement on Trade and Trade-Related Matters between the EU and Turkmenistan,
— having regard to the human rights clauses in those agreements,
— having regard to the EU's commitment to promote the achievement of the UN's Millennium Development Goals (MDGs) and to the European Consensus on Development ( 5),
— having regard to the adoption by the European Council on 21/22 June 2007 of an EU Strategy for a new Partnership with Central Asia,
— having regard to the European Council Action Plan (2007-2013) for an Energy Policy for Europe, adopted on 8/9 March 2007, and to the energy cooperation between the EU, the littoral states of the Black and Caspian Seas and their neighbours,
— having regard to its resolution of 26 September 2007 on towards a European foreign policy on energy ( 6),
— having regard to the Baku Initiative for the development of energy cooperation and transport between the EU and the countries of the Black Sea and Caspian region,
— having regard to the Memoranda of Understanding concluded with Azerbaijan and Kazakhstan in the context of developing a foreign policy at the service of Europe's energy interests,
— having regard to relevant Council Conclusions, including the conclusions on Uzbekistan of 23-24 May, 13 June, 18 July and 3 October 2005, 13 November 2006 and 5 March, 14-15 May and 15- 16 October 2007, and to the conclusions on Central Asia of 23-24 April 2007,
( 1 ) OJ C 313 E, 20.12.2006, p. 466. ( 2 ) OJ C 291 E, 30.11.2006, p. 416. ( 3 ) OJ C 92 E, 20.4.2006, p. 390. ( 4 ) OJ L 340, 16.11.2004, p. 2. ( 5 ) Joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus’ (OJ C 46, 24.2.2006, p. 1). ( 6 ) Texts Adopted, P6_TA(2007)0413. C 184 E/50 EN Official Journal of the European Union 6.8.2009
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— having regard to the sanctions imposed on Uzbekistan by the EU following the Andijan massacre, in Council Regulation (EC) No 1859/2005 of 14 November 2005 imposing certain restrictive measures in respect of Uzbekistan ( 1 ), which have been consecutively extended ( 2), and to the partial lifting and conditional suspension for a period of six months of visa sanctions in May and October 2007 respectively,
— having regard to the European Initiative for Democracy and Human Rights, launched in 2003 with the aim of promoting human rights and supporting penal reform, democracy, good governance, media freedom, the rule of law, security structures (police/armed forces) and conflict prevention,
— having regard to the Development Cooperation Instrument (‘DCI’) ( 3),
— having regard to the Foreign Ministerial Troika meeting with the countries of Central Asia, held in Berlin on 30 June 2007 in the presence of EU Special Representative, Pierre Morel, and the Portuguese Prime Minister, José Sócrates,
— having regard to Rule 45 of its Rules of Procedure,
— having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Development and the Committee on International Trade (A6-0503/2007),
A. whereas the five countries referred to collectively as Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan) lie at a key intersection between Europe and Asia and whereas, historically and traditionally, they have represented an important meeting and transit point between the two continents,
B. whereas the EU insists on the need for, and has a clear interest in seeing progress towards, greater stability and rising levels of economic, democratic and human development and human security throughout Central Asia and must always uphold its commitment to mainstream human rights in all agreements with third states and to promote democracy through coherent policies and the use of the means best suited for those purposes; whereas this will safeguard its credibility and ultimately contribute to making it an increasingly efficient player vis-à-vis the region, as well as beyond,
C. whereas there is a global interest in stability in Central Asia since serious and prolonged instability in one of the five countries could have disastrous consequences for the entire region and could also affect the EU and its Member States in many ways,
D. mindful of the risks involved in being dependent on imports from unstable regions and suppliers and of the need to establish reliable, accessible and viable energy channels,
E. whereas the EU has an interest in security and stability and in respect for human rights and the rule of law in the states of Central Asia, since strategic, political and economic developments and the growing trans-regional challenges in Central Asia also have a direct or indirect impact on the interests of the European Union; whereas the states of Central Asia can contribute, with their significant energy resources and by their efforts towards diversification among trading partners and supply routes, to meeting the European Union's need for energy security and energy supply,
F. whereas there is, on the one hand, a strong case for cooperation among the countries of the region but, on the other hand, a strong resistance to such ideas and efforts, not least from the Government of the centrally situated — and by far most populous — state of Uzbekistan,
( 1 ) OJ L 299, 16.11.2005, p. 23, amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1). See also Council Common Position 2005/792/CFSP of 14 November 2005 concerning restrictive measures against Uzbekistan (OJ L 299, 16.11.2005, p. 72). ( 2 ) See Council Common Position 2007/734/CFSP of 13 November 2007 concerning restrictive measures against Uzbekistan (OJ L 295, 14.11.2007, p. 34). ( 3 ) Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (OJ L 378, 27.12.2006, p. 41). 6.8.2009 EN Official Journal of the European Union C 184 E/51
Wednesday 20 February 2008
G. whereas isolationism tends to stem from an anxiety to maintain internal control — extreme examples of which can be seen in Turkmenistan and Uzbekistan — and whereas such anxiety is a given in regimes which show little interest in seeking popular consent on which to base their rule,
H. whereas the five Central Asian republics are Official Development Assistance recipients, which means that EU assistance to those counties is regarded as development assistance,
I. whereas it follows from the EU's security and other interests, as well as from its values and support for the MDGs, that the hardship and lack of opportunities faced by many people in this region, parts of which are affected by poverty, the threats to human security partly linked to the security problems of neighbouring countries such as Afghanistan and the risks of destabilisation and conflict must be placed at the very core of the EU's approach to Central Asia,
J. whereas the primary objective of EU development cooperation is the eradication of poverty in the context of sustainable development, including in the pursuit of the MDGs,
K. whereas EU assistance to the region has largely taken the form of technical assistance implemented through the Tacis programme, and whereas assessments of Tacis's effectiveness have shown mixed results,
L. whereas, according to Article 25 of the Universal Declaration of Human Rights, the right to health is a human right, and whereas universal access to healthcare is essential for achieving the MDGs; whereas health conditions have deteriorated in all Central Asian republics following the break-up of the Soviet Union and health systems are in crisis; whereas the potential spill-over effects of epidemics such as HIV/AIDS and drug-resistant tuberculosis present a long-term threat to the EU; whereas the avian flu crisis has demonstrated the capacity of infectious diseases to travel rapidly across Europe; whereas the social consequences of the health crises in the various countries threaten their overall stability and development prospects, and have implications for European security,
M. whereas energy and water are key issues for human security and inter-state relations within the region, particularly in relation to Kyrgyzstan, Tajikistan and Uzbekistan, and whereas poverty reduction remains crucial to reducing social instability,
N. whereas the EU has an interest in importing more oil and gas from Central Asia, preferably through new transportation routes, and in establishing a clear and transparent framework for the production and transportation of energy, and whereas the countries that are relevant in this context are Kazakhstan and Turkmenistan,
O. whereas the Central Asian countries are, to varying degrees, endowed with oil, gas, mineral or hydro- power resources; whereas the exploitation of such resources should significantly facilitate economic and social development; and whereas, under the wrong conditions, unwelcome side-effects such as serious environmental degradation, reduced competitiveness of other economic sectors, massive wealth inequalities and increased political and social tensions may arise and might even outweigh the positive effects (the so-called ‘natural resources curse’),
P. whereas on 10 October 2007 representatives from Ukraine, Poland, Azerbaijan and Georgia met in Lithuania to discuss a new oil transport network designed to bring crude oil from the Caspian Sea via Baku and Odessa to the Polish port of Gdansk,
Q. whereas Russia and China tried to increase their spheres of influence in Central Asia through the establishment of the Shanghai Five in 1996, which brought together China, Russia, Kyrgyzstan, Kazakhstan and Tajikistan in a forum for managing cross-border issues and which in 2001 became the Shanghai Cooperation Organisation (SCO), which today is the largest regional organisation in Central Asia and now includes Uzbekistan as a full member and Pakistan, India, Iran and Mongolia as observers, C 184 E/52 EN Official Journal of the European Union 6.8.2009
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R. whereas a number of disparate countries have had, historically or more recently, vested interests in the region; whereas not all Member States have embassies in the region and whereas there is often a lack of coordination with regard to the region between Member States,
S. whereas the departure of United States personnel and material from the Karshi-Khanabad (K2) air base in Uzbekistan on 21 November 2005 reduced United States military facilities in Central Asia to one base in Manas, near the Kyrgyz capital of Bishkek,
T. whereas political, economic, social and other conditions differ widely among, and in some cases also within, the Central Asian states and whereas this makes it absolutely essential for the EU to differentiate its policies accordingly,
U. whereas the countries of Central Asia are very new states, and whereas their state-building and political and economic transition efforts have led them in different directions and have prompted them to distance themselves unequally far from the earlier Soviet system; whereas addressing governance issues remains of key importance, in the case of a number of states for the sake of stability and security, and in the case of all the states for political, social and economic development,
V. whereas EU concerns include the need to stem the flow of drug trafficking from or through Central Asia, the fight against organised crime, including human trafficking, and preventing a growth in terrorism; whereas in some cases the ‘fight against terrorism’ is used as a cover for repressive actions against those who criticise the government, human rights defenders, religious movements and ordinary businesspeople; whereas there is reason to believe that such persons have also been targeted in the framework of Uzbekistan's security cooperation with neighbours; whereas it is recognised that there is a migration of child labour that demands new forms of international and social partnership involving all parties interested in a comprehensive resolution of the problem,
W. whereas the human rights situation is different in the various Central Asian republics and, overall, falls far below the standards laid down by the Organization for Security and Cooperation in Europe (OSCE), and whereas Uzbekistan and Turkmenistan in particular systematically violate fundamental rights and lack any democratic and pluralistic progress,
X. whereas the Central Asian republics have yet to conduct an election — presidential or parliamentary — judged wholly free and fair by the OSCE's Office for Democratic Institutions and Human Rights (ODIHR),
Y. whereas all five Central Asian states are OSCE member states and, within its framework, have taken on extensive commitments regarding fundamental freedoms, democracy, respect for human rights and the rule of law; whereas respect for those commitments varies among the states,
Z. whereas Kazakhstan compares favourably with most other states in the region; whereas its most recent parliamentary elections, held on 18 August 2007, show that, despite some improvements, it is not yet fully respecting its commitments or complying with OSCE and other international standards for democratic elections,
AA. whereas civil society is particularly active in most Central Asian countries through a network of local NGOs and associations that need to be protected and valued as the expression of the willingness of citizens to be part of the democratisation and social process of their countries,
AB. whereas political, economic and social improvements can effectively be achieved in the region through the establishment of a genuinely independent judiciary and a real fight against rampant corruption, 6.8.2009 EN Official Journal of the European Union C 184 E/53
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AC. whereas the principles on which the EU is based include the defence of fundamental rights and freedoms, including freedom of expression and the protection of human rights activists,
AD. whereas examples of massive repression, corruption and exploitation, and the denial of people's fundamental rights and opportunities to improve their lives, together with the absence of accepted channels for expressing grievances and participating in political processes, heighten the risks that extremism and terrorism will grow,
AE. whereas most of the Central Asian countries suffer from human rights violations, from the lack of an appropriate judicial system, from restrictions imposed on opposition parties and independent civil society bodies, and from lack of media freedom,
AF. whereas the EU imposed sanctions on Uzbekistan after the Andijan massacre in May 2005, but the Uzbek government keeps blocking an independent international investigation into the events and continues its repressive policies, including its persecution of human rights defenders; whereas in October 2007 the Council nevertheless decided to suspend for a period of six months a visa ban on eight persons directly responsible for the indiscriminate use of force in Andijan; whereas the Council through this suspension seeks to stimulate the Uzbek authorities into changing their policies and whereas the ban will be automatically re-activated in April/May 2008 unless a set of criteria adopted as part of the Council decision is met,
AG. whereas there is considerable interest in cooperation with the EU in the region in the fields of science, healthcare and education, and whereas such cooperation can contribute to intensifying civil society contacts and spreading European values of democracy, the rule of law and human rights,
AH. whereas in varying respects both Mongolia and Afghanistan share certain common features with the five principal states of Central Asia but are not focused on in the Council's strategy paper and are themselves covered by different EU instruments,
AI. whereas the proximity of the region to Afghanistan has made certain countries valued partners in the fight against terrorism; whereas EU Member States have also used airports or airspace in the region; whereas at the same time EU action to promote human rights in Central Asia in general and in certain countries in particular has been disappointingly weak,
AJ. whereas Central Asia is the transit route for as much as 30 % of Afghan heroin, largely for Russian markets, which leads to drug-traffic-related organised crime and corruption, as well as to addiction and related health and social problems, with major implications for regional stability,
AK. whereas Mongolia shares a background similar to that of the Central Asian republics, having historical, cultural and economic characteristics and environmental and energy policies that must be considered in a consistent way in the framework of the EU strategy for Central Asia,
1. Welcomes the EU's increased focus on Central Asia, of which the adoption of the Central Asia strategy is a clear expression; notes, however, the slowness of implementation of the projects for the five countries of the region;
2. Is convinced that, while the values which the EU must promote always remain the same, the EU's interests, as well as prevailing conditions and opportunities in the five countries, differ widely;
3. Calls for the definition of clear objectives and priorities for the EU's relations with each of the five countries, drawing on the general analysis of the region and the general catalogue of EU policy objectives contained in the EU strategy adopted; C 184 E/54 EN Official Journal of the European Union 6.8.2009
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4. Stresses the importance of the EU's promotion of fair and sustainable economic development in the region, and of its support for local initiatives for economic development, for reforms in the business regulatory framework and for the eradication of poverty in the context of sustainable development; stresses, with regard to the challenge posed by terrorism, that enhancing cooperation on security is important, but that any approach to combating radicalisation and extremism that does not balance security needs with human rights and good governance is self-defeating; welcomes the strengthening of political dialogue with the Central Asian countries; calls on the Council and the Commission further to promote good governance, human rights, democracy and education, including consideration of engagement with all types of religious communities; and calls on both the Council and the Commission to ensure that human rights issues should carry equal weight with the EU's robust approach to energy, security and trade;
5. Is convinced that certain issues can only be dealt with effectively by means of regional approaches leading to regional solutions (e.g. counter-terrorism, the eradication of human trafficking, counter-narcotics, water management) which require enhanced regional cooperation; urges the EU institutions, therefore, to provide technical help where needed, especially in spreading know-how and acting as mediator in encouraging dialogue between the Central Asian countries; points out, however, that the countries of Central Asia have differing levels of development and major political, economic and cultural differences; in this context, welcomes the fact that the Commission and the Council are seeking to adopt country- specific as well as regional approaches in planning future partnership and cooperation;
6. Calls for the differentiation in the EU's policy regarding its approach to the countries of the region to be based in particular on the human rights situation in each country, their government's respect for OSCE commitments, their development needs and their government's commitments to improving the welfare of citizens, their current and potential importance to the EU as partners in trade, cooperation on energy and in other areas, and dialogue on international issues, and the prospects for success of EU actions, including various forms of assistance;
7. Stresses the importance of cross-border cooperation, especially in understanding that this will make joint efforts to combat the trafficking of human beings and drugs more efficient; urges the EU institutions, therefore, to provide technical help where it is needed, especially in spreading know-how and acting as mediator in encouraging dialogue between the Central Asian countries;
8. Stresses the need for consistency of EU policy in Central Asia, and therefore recalls that the Strategy must be consistent with the European Consensus on Development; also stresses that all assistance delivered under the DCI needs to comply with its overarching objectives, i.e. poverty eradication and achievement of the MDGs;
9. Notes that poverty eradication is described as the main priority of European Community bilateral assistance for the period 2007-2013 in the Annex to the Strategy; calls on the Commission to provide regular and detailed information to Parliament on the way in which bilateral and regional assistance will relate to individual MDGs and on the budget planned for the health and basic education sectors;
10. Stresses that reforms of social sectors, health, food security, the fight against corruption and a focus on sustainable and fair economic development are crucial to ensuring long-term stability, security and prosperity in Central Asian countries; is of the opinion, therefore, that the process of assessing needs at the national and regional levels provides a clear opportunity for the EU to gain visibility and credibility in an open dialogue with all stakeholders, including civil society, parliaments and local authorities;
11. Believes that membership of the World Trade Organization (WTO) represents an important achievement for the economic stability of the region, but that this goal can be achieved only by respecting international standards for foreign investment and by having an independent judiciary;
12. Calls on the Commission and the Council to implement all appropriate measures to encourage deeper integration of Central Asia into the world trade and economic system, in particular through WTO accession for the four countries in the region which are not yet members; 6.8.2009 EN Official Journal of the European Union C 184 E/55
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13. Considers it essential for the economic development of the countries in the region that they substan tially reform their banking and insurance systems, establish an efficient micro-credit system, improve the regulation and supervision of banking activities, privatise state banks and create national financial markets that are truly competitive and open to foreign banks;
14. Urges the Council to authorise the European Investment Bank (EIB) to extend its credit support to Central Asia, in cooperation with the European Bank for Reconstruction and Development (EBRD), which is already active in the region;
15. Urges the Commission to mobilise, in coherent fashion, all the instruments at its disposal, from political dialogue and Community policies (especially those concerning trade, development, competition, research and the environment) to subsidies and loans, including those granted by the EIB, the EBRD and other international financial institutions, with a view to accelerating the realisation of these projects;
16. Encourages the States in the region to provide better protection for foreign direct investment;
17. Calls on the Commission and the Council to take all possible measures to make it easier for the countries of Central Asia to use the EU's Generalized System of Preferences, and to foster the development of intra-regional trade;
18. Calls on the Commission and the Council to supply the states in the region with qualified economic and administrative technical assistance, in order to strengthen local public structures, establish a more efficient and diversified economic base and improve the penetration of local products into foreign markets, and into the EU in particular;
19. Considers the strategy to be insufficiently ambitious with regard to bilateral cooperation on human rights, the rule of law, good governance and democratisation;
20. Considers that, when assessing the human rights situation, the EU should pay special attention to the existence — or absence — of a credible commitment on the part of the government concerned to improving that situation, focusing on demonstrable progress, the climate for human rights defenders and the level of cooperation with UN special rapporteurs and mechanisms, as well as with other relevant international players;
21. In this regard, calls on the Council and the Commission to maintain a consistent and united front on human rights issues and, with a view to making democracy, good governance, the rule of law and human rights an integral part of the Central Asia strategy, to set clear benchmarks, indicators and targets in these areas, in consultation with the Central Asian partner countries, as has been done in the other fields; calls on the Council and the Commission to pay particular attention to the release of political prisoners and to the independence of the media;
22. Condemns the persecution of human rights defenders in Uzbekistan and Turkmenistan; calls on the Council and the Commission to make every effort to protect their activities and physical integrity, and calls on the relevant governments to immediately release all human rights defenders imprisoned or compulsorily detained in psychiatric hospitals for political reasons;
23. Emphasises that EU contacts with security structures or EU support for security cooperation involving highly repressive states should be minimised, and that any such contacts should always be conducted transparently;
24. Calls on the Commission and the Member States to offer special assistance for reform and improvement of the judiciary in the region, in order to enable it to work with greater independence and effectiveness, including in the fight against corruption;
25. Calls on the Council and the Commission to cooperate closely with Central Asian countries in the implementation of educational reforms and to encourage those countries to detach a citizen's civil and social rights from property ownership by reforming the housing registration system (whereby an individual receives a housing registration stamp in his or her passport when becoming a citizen); C 184 E/56 EN Official Journal of the European Union 6.8.2009
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26. Takes the view that developing and supporting a genuine civil society is a prerequisite for any progress; deplores the difficult situation of NGOs in some Central Asian states, whose activities are continuously hampered by governments; stresses that the EU must continue to support civil society, both through financial assistance and by ensuring visibility (via fora and consultation), which would help to build up a participatory democracy; is of the opinion that the EU should regard civil society as a partner in contributing to sustainable societies, social stability and the promotion of the EU's values and standards;
27. Notes that the EU policy towards Central Asia should be based on in-depth debates and exchanges with all stakeholders; therefore calls on the EU to engage in an inclusive political dialogue, involving parliaments, civil society and local authorities in the implementation and monitoring of the strategy and the programmes;
28. Draws attention to the widespread abuse of women in a number of regions throughout Central Asia (examples of this being forced marriages, trafficking for sexual exploitation, rape, etc.), and calls on the governments of the countries of Central Asia to implement the existing laws to protect the rights of women, and on the Commission to include relevant actions in assistance programmes;
29. Calls on Central Asian governments to strengthen existing laws on women's rights and to improve their implementation of these laws; urges the Commission to continue to support human rights and democracy projects relating to the specific role of women; urges the EU to support the full implementation of the Convention on the Elimination of All Forms of Discrimination Against Women and to use it as a benchmark for deeper cooperation; underlines that the plight of women is deteriorating in many parts of Central Asia due to unequal access to education, health and employment, and stresses that MDG 3 of promoting gender equality and empowering women should become a priority to be mainstreamed in the EU's related activities;
30. Welcomes the support for the implementation of the International Labour Organization's norms and conventions for decent work, and stresses that these standards must play an integral role in economic cooperation, investment and trade relations; notes that child labour is still a cause for grave concern, especially in Tajikistan and Uzbekistan, and stresses the need to support the implementation of the UN Convention on the Rights of the Child;
31. Emphasises the widespread use of child labour in several Central Asian states, especially in the cotton harvesting, tobacco cultivation, coal mining and handicrafts sectors, and calls on the respective governments to implement more effectively existing measures to combat this, to draw up a consistent national policy on child labour and fully to support and take part in projects for the elimination of child labour launched by international organisations and NGOs; urges the Commission to set up a special programme within the framework of the DCI in relation to this matter;
32. Urges the Commission to develop active cooperation on migration leading to real and participatory dialogue in which the root causes of migration are addressed through specific local economic development programmes, tackling, for example, the lack of economic prospects in rural areas so as to mitigate the consequent increases in urban poverty;
33. Urges the Council and the Commission to make full use of their experience and best practice in promoting human rights protection for migrants, especially for asylum seekers and refugees; condemns the forced extradition of asylum seekers, and in particular Uzbek refugees, by the governments of Central Asian countries, and calls on the Council and the Commission to cooperate with the Office of the United Nations High Commissioner for Human Rights (UNHCHR) in defending and supporting political refugees;
34. Draws attention to the fact that a large number of Uighurs have been extradited from Central Asia to China at China's request, reflecting growing pressure by China on governments in the region, and notes that refugees are at risk of serious human rights violations; 6.8.2009 EN Official Journal of the European Union C 184 E/57
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35. Considers that, given the strong increase in infectious diseases such as HIV in the region, health and public sector health reform should be a key priority for the donor community, including the Commission;
36. Strongly encourages EU support for education and training, thereby offering greater possibilities for Central Asian students to study in the EU, and for exchanges with students from EU universities;
37. Highlights the geopolitical situation of Central Asia and the growing interest of economic and political powers, such as Russia, the United States, China and Turkey, in the region; considers, therefore, that close cooperation with those countries in respect of Central Asia is very important where interests coincide without conflicting with human rights concerns; urges the Council and the Commission to find ways to improve the coordination of the individual actions and policies of EU Member States in the region, as well as between the EU and other interested states; stresses, in this regard, the key role of Turkey as an EU candidate country in Central Asia, and calls on the Council and the Commission to make the most of Turkey's historical, economic and cultural relations with certain countries in the region, fully involving that EU candidate country in the development and implementation of the strategy;
38. Emphasises the importance of further developing inter-regional cooperation, in particular with the countries of the Black Sea region;
39. Regrets the fact that, in the Council's strategy on Central Asia, Mongolia is not included among the countries referred to collectively as Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan), especially in view of the substantial progress made by Mongolia in establishing a state based on democracy, human rights and the rule of law in the region; calls on the Council and the Commission to seek a resolution at EU level and to prepare a statement about Mongolia's development;
40. Urges the Council and Commission to ensure that all sectors of society in each country are integrated in the political dialogue and partnership with the EU, and to involve a broader range of actors in its policy, particularly parliaments and civil society;
41. Welcomes the appointment of an EU Special Representative for Central Asia, Pierre Morel, and calls on the Council to strengthen his mandate and better to define his role, including by contributing to improved coordination of Member States' policies in the region;
42. Urges the Commission to proceed without further delay to set up full delegations in all Central Asian countries where the circumstances so permit, as a full presence on the ground is a precondition for effective EU action; notes plans to set up a full delegation in Bishkek and Dushanbe in 2008, which will significantly increase the EU's visibility in Kyrgyzstan and Tajikistan and should lead to a strengthening of cooperation;
43. Welcomes the Council's decision to review the progress made in implementing the strategy in June 2008 and at least every two years thereafter; takes the view that this review will be the occasion to link the Central Asia strategy more closely to the European Neighbourhood Policy;
Kazakhstan
44. Notes that Kazakhstan is a key ally and strategic partner in the fight against international terrorism, drug trafficking and religious extremism; recognises Kazakhstan's tradition of racial and religious harmony in a country which is home to more than 100 different ethnic groups and 45 different religions; calls on the Council and the Commission to prioritise support for the Government of Kazakhstan as well as its civil society with a view to consolidating the rule of law and to the further promotion of democratic elections in the future;
45. Stresses Kazakhstan's importance for the EU's trade in energy, as its main trading partner in Central Asia; recalls the signing of a Memorandum of Understanding focused on promoting cooperation with the EU with a view to developing safe energy and industrial cooperation; notes — recalling that Kazakhstan has the world's third largest uranium reserves — that this memorandum has been supplemented by an agreement on energy cooperation and a declaration on the peaceful use of nuclear energy by Euratom and the Government of the Republic of Kazakhstan; C 184 E/58 EN Official Journal of the European Union 6.8.2009
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46. Welcomes Kazakhstan's interest in strengthening cooperation with the European Union, and recognises the mutual importance of strengthened political and economic relations between the EU and Kazakhstan; considers that the EU should continue its approach of positive engagement towards Kazakhstan but emphasises that the development of EU-Kazakhstan relations cannot be disconnected from Kazakhstan's efforts to honour its international and OSCE obligations in the field of human rights, fundamental freedoms and democracy;
47. Stresses that the last parliamentary elections, held on 18 August 2007, failed, despite some improve ments, to meet OSCE and other international standards; expresses its concern that all the seats in the parliament were taken by the ruling, pro-presidential party, which could lead to monopolisation of power on the part of President Nursultan Nazarbayev and his supporters; calls upon the Kazakh Government to abolish all disproportionate restrictions on the registration of new political parties, for example the unrealistic number of members (50 000) necessary to form a political party;
48. Supports the decision to let Kazakhstan assume the Chairmanship of the OSCE in 2010, made possible by Kazakhstan's pledges to defend the current mandate of the ODIHR and to democratise and liberalise the political system in Kazakhstan; in the latter connection, notes the pledges to ease the regis tration requirements both for political parties and for media outlets and to amend the Law on Elections, all of which should be done in 2008, as well as the pledges to amend the Media Law in a way which reflects OSCE recommendations and to reduce criminal liability for defamation; welcomes the close link that Kazakhstan itself makes between these issues and its future Chairmanship of the OSCE and looks forward to the timely and convincing translation of the reform pledges into concrete measures; strongly encourages Kazakhstan to grasp this opportunity to take a decisive step towards a fully democratic system and thereby to prepare for a truly successful OSCE Chairmanship;
49. Urges the government to move more determinedly towards a democratic institutional system, recalling the continuous progress that has been made since Kazakhstan declared independence in 1991;
50. Underlines the absence of any real freedom of the press, and expresses concern about presidential control of the major media and the prosecution of opposition journalists; furthermore, expresses concern over the new draft media law which would render journalists liable for disseminating disparaging information and strengthen the criminalisation of defamation and insulting the dignity of others, and under which suit may be brought against any journalist for publishing information concerning a public figure's private life; notes that the existing laws provide sufficient protection against unethical journalists;
51. Welcomes the signing by Kazakhstan of the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN Convention against Torture), and calls for its speedy ratification and implementation;
Kyrgyzstan
52. Takes the view that all efforts should be made to consolidate and support the fragile democratic institutions in Kyrgyzstan; believes that this country has the potential to become an example for all the other Central Asian states in the areas of democracy, human rights and the rule of law; calls on the Council and the Commission to step up assistance to this country so as to help to ensure that it undertakes and successfully implements the promised reforms;
53. Strongly supports Kyrgyzstan's progress in press and media freedom as well as the efforts of politicians and civil society to enact constitutional reform; calls upon the Kyrgyz Government to ensure the safety of the country's journalists, to complete the promised media and anti-corruption reforms and to make greater progress in political and budgetary decentralisation;
54. Expresses its concern that the new draft of the Constitution, voted on in the referendum of 21 October 2007, could significantly alter the balance of power; expresses its concern that the Kyrgyz authorities did not engage in a wide-ranging public debate, involving all sections of Kyrgyz society, on this delicate matter; urges the Kyrgyz authorities to safeguard the appropriate checks and balances; 6.8.2009 EN Official Journal of the European Union C 184 E/59
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55. Regrets that the pre-term parliamentary elections held on 16 December 2007 failed to meet a number of OSCE commitments; stresses that, according the OSCE, the elections, overall, represented a missed opportunity and a step backward compared to the 2005 elections, and fell short of public ex pectations for further consolidation of the election process; expresses its concern, in particular, at the double-threshold mechanism that kept out of the new parliament the strongest opposition party, thus giving President Bakiyev's party an overwhelming majority; calls on the Kyrgyz authorities, in this regard, to take the necessary measures in order to restore a fully-fledged political pluralism; deplores the crackdown and the arrest by the police of NGO and human rights activists who were peacefully demonstrating against the shortcomings of the election process;
Tajikistan
56. Having welcomed the positive development of a multi-party and power-sharing system in Tajikistan after the civil war ended in 1997, notes that Tajikistan has been living in a state of precarious stability since then, with a President who, although apparently enjoying genuine popular support, has systematically repressed all opposition and imposed strict controls on the print media and broadcasting; regrets the absence of any genuine civil society in the country, which will undermine future democratic development, and stresses the need for further significant reform and respect for human rights; in this field, calls for the adoption of all necessary measures to respect the UN Convention against Torture, in particular by bringing to justice officials responsible for degrading treatment or ill-treatment, and also calls for the abolition of the death penalty;
57. Expresses concern over the new draft religious law that will, if adopted, include restrictive provisions concerning the legal status of religious communities, especially as regards the gaining of legal status by non- Muslim communities; notes that several provisions of this law violate Tajikistan's Constitution and inter national norms that Tajikistan has signed; also expresses concern that mosque leaders will be subject to religious tests in Tajikistan and calls upon the Tajik government to respect the beliefs and existence of religious minorities;
58. Notes that Tajikistan, which lacks natural resources such as oil and gas, is one of the 20 poorest countries in the world, and that there are very serious concerns about the level of exploitation there, as well as in Uzbekistan, of women and children in pursuit of what is effectively a cotton monoculture;
59. Encourages those Member States which have yet to ratify the PCA with Tajikistan to do so as soon as possible, as unnecessary delays could send discouraging and unhelpful signals to Tajikistan; will, itself, aim to give its approval to the PCA in the near future;
60. Draws attention to the existence of unexploded cluster bombs in Tajikistan, urges that funding for their clearance be increased, and stresses the need for an international treaty banning cluster bombs; draws attention also to the existence of minefields on the borders with Afghanistan and Uzbekistan; calls on the Uzbek authorities to cooperate fully in the identification of those minefields and on the Commission to support the necessary de-mining programmes;
61. Given Tajikistan's role as a transit country for drugs from neighbouring Afghanistan, encourages the EU to further strengthen its support for measures to counter these activities in Tajikistan, without under mining cross-border trade, which is vital for the economic development of the border regions;
Turkmenistan
62. Notes as a positive, albeit still very limited, sign of change in Turkmenistan the ambition of the new President, Gurbanguly Berdymukhammedov, to carry out major reforms of the education system; believes that the EU is right in responding to Turkmenistan's receptiveness to cooperation in this field;
63. Welcomes the decision of President Berdymukhammedov to grant amnesty to eleven political prisoners sentenced to long terms of imprisonment for their opposition to the policies of the late President Saparmurat Niyazov; encourages the taking of further steps towards the release of all political prisoners in the country; C 184 E/60 EN Official Journal of the European Union 6.8.2009
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64. Stresses, however, that Turkmenistan must make progress in key areas in order for the EU to be able to move ahead with the Interim Agreement, inter alia by allowing the International Committee of the Red Cross free and unfettered access, by unconditionally releasing all political prisoners and prisoners of conscience, by abolishing all government impediments to travel, and by allowing all NGOs and human rights bodies to operate freely in the country;
65. Draws attention to the urgent need for improvement as regards the dire human rights situation, especially in view of the grave position of small, unregistered religious communities and their leaders and other minorities, and insists that any further development in EU-Turkmenistan relations, including the possible conclusion of the Interim Agreement on Trade and Trade-Related Matters, as well as, later, the fully-fledged PCA, must be closely linked to clear evidence that a process of significant improvement in this area is under way, as well as genuine signs that it will continue;
66. Expresses its deep concern at the recent outbreak in Turkmenistan of an epidemic of an influenza- like disease which is very probably linked to cotton cultivation and harvesting; calls on the Commission, within the DCI framework, to offer assistance to the Turkmen Ministry of Health in order to investigate the nature of the illness and its causes and find the most effective remedies; urges the Commission to assist the Central Asia countries so as to reduce the use of pesticides in the cultivation of cotton and introduce environmentally friendly techniques;
Uzbekistan
67. Confirms its support for the sanctions against Uzbekistan imposed by the EU after the Andijan massacre; regrets the very limited progress made in relation to the set criteria for assessing the general development of the human rights situation; notes the Council's decision of 15 October 2007 to extend the arms embargo for another 12 months and conditionally suspend the visa restrictions for an initial period of 6 months (Common Position 2007/734/CFSP); urgently calls on the Uzbek authorities to take advantage of this window of opportunity in order to take concrete steps to improve the human rights situation, honour the country's commitments to international obligations in this area and satisfy the conditions set by the EU;
68. Supports the establishment of a human rights dialogue between the EU and Uzbekistan; notes the great difficulties which this involves, and stresses that expectations should be kept at a realistic level; rejects every tendency to use the mere existence of this dialogue as an excuse for lifting sanctions and for portraying human rights issues as now being properly dealt with; reaffirms that it is only results that count, and underlines that the Uzbek commitment to ensure justice and accountability for the Andijan massacre is an essential element in any further cooperation with the EU;
69. Urges the Commission to lay down concrete obligations and establish more efficient monitoring mechanisms in addition to the human rights clause and EU sanctions in order to achieve a real improvement in the human rights situation in Uzbekistan;
70. Welcomes, as a positive step towards reform of the criminal justice system in Uzbekistan, the approval by the Uzbek Parliament of the laws on the abolition of the death penalty and the authorisation of courts to issue arrest warrants; calls for a comprehensive overhaul of the criminal justice system that would effectively promote the implementation of these reforms;
71. Deplores the fact that the presidential elections held on 23 December 2007 failed once again to meet many OSCE commitments for democratic elections and that, according to the ODIHR, the poll took place in a strictly controlled political environment, leaving no room for real opposition; takes note of the presidential amnesty issued on 2 January 2008 pardoning over 500 convicts and reducing the prison sentence of another 900 prisoners, and regrets that only very few political prisoners have benefited from this amnesty; 6.8.2009 EN Official Journal of the European Union C 184 E/61
Wednesday 20 February 2008
Addressing State fragility
72. Urges the EU to honour its commitment to improve its response to difficult partnerships and fragile states and to support the prevention of state fragility through governance reforms, the rule of law, anti- corruption measures and the building of viable state institutions in order to help those states fulfil a range of basic functions and meet the needs of their citizens, which include education, health and all basic services;
73. Notes that the EU has committed itself to support disaster prevention and preparedness in countries vulnerable to natural disasters, climate change, environmental degradation and external economic shocks; therefore, considering the present situation in Central Asian countries, stresses that these commitments need to be fully taken into account in the EU strategy;
Environment
74. Notes that large parts of the region are rich in natural resources which have, however, been indus trially exploited and processed for decades in the past, resulting in severe environmental pollution, degraded land and dramatic shrinkages of rivers and lakes such as the Aral Sea; welcomes the fact that Kazakhstan has, since it declared its sovereignty in 1990, prohibited nuclear testing on its territory, but draws attention to the need for concerted action to deal with the problem of poorly maintained radioactive waste storage sites in the region;
75. Notes that a large part of the region uses a high number of water sources for irrigation in agriculture, but not in a sophisticated way, and that this creates huge problems for rivers, lakes (such as the Aral Sea) and further development, not only in the agriculture sector; recommends, therefore, the implementation of new techniques and methods in order to improve water management in the agriculture sector, for example by better stemming of irrigation canals;
76. Welcomes the impressive efforts being made by Kyrgyzstan in the field of environmental protection, particularly the numerous bilateral cooperation projects it is involved in, which are bringing considerable benefits to Kyrgyzstan;
77. Supports the proposal to establish in Bishkek a so-called ‘Water and Energy Academy’ for all the Central Asia countries with the aim of achieving proper sustainable water use and the generation of hydro- power, improving transmission technology, protecting biodiversity and improving agriculture and irrigation techniques;
78. Notes that Tajikistan's only abundant raw material is water, and that, as environmentally friendly hydroelectric power projects require sizeable capital investment, increased foreign investment would help Tajikistan to diversify its economy away from its cotton monoculture, with its associated environmental, health and child labour costs, bringing greater economic, welfare and environmental benefits; calls on the government of Tajikistan to work to strengthen its legislative and fiscal framework and its public adminis tration, and to remedy its lack of basic infrastructure, as well as to tackle endemic levels of corruption, in order to encourage investment in the country;
79. Encourages open and efficient dialogue with all the countries of Central Asia in the field of the environment and efficient use of resources, and calls for its practical realisation;
Energy
80. Believes that the EU must speak with one voice on energy policy, in view of the presence in the region of projects of major interest to Europe in terms of energy supply;
81. Considers that cooperation on the EU's external energy policy is of the greatest importance in the context of its Central Asia strategy; supports, therefore, efforts by the European Union to boost gas and oil imports from Kazakhstan and Turkmenistan and to diversify transit routes; calls for active EU energy cooperation with the region, especially with Kyrgyzstan, Tajikistan and, if possible, Uzbekistan, in order to address energy problems of particular importance to their huge human and economic development needs, difficult inter-state relations and precarious security of supply; C 184 E/62 EN Official Journal of the European Union 6.8.2009
Wednesday 20 February 2008
82. Believes that further strengthened cooperation between Central Asia and the Black Sea region in the fields of energy and transportation is essential for the accomplishment of the abovementioned goals of the EU; takes the view that this should include investing in the development of alternative energy sources, energy efficiency and energy saving, and new infrastructures in the energy sector with modernisation of the existing ones; recognises the important role of Kazakhstan as a strong economic actor in Central Asia, where the EU is the number one trading partner, and where Kazakhstan pursues a strategy of advanced social, economic and political modernisation;
83. Considers that the EU should encourage responsible and sustainable use of the region's natural resources, including through promoting revenue transparency via support for state participation and the participation of NGOs in the Extractive Industries Transparency Initiative, where relevant;
84. Asks that special attention be given to projects connecting oil and gas fields and the distribution system of Central Asia to pipelines connecting with the European Union, including to future projects such as the Nabucco pipeline;
* * *
85. Instructs its President to forward this resolution to the Council, the Commission, the EU Special Representative for Central Asia, the governments and parliaments of the Member States, the OSCE and the presidents, governments and parliaments of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan. 6.8.2009 EN Official Journal of the European Union C 184 E/63
Thursday 21 February 2008 Monitoring the application of Community law (2005)
P6_TA(2008)0060
European Parliament resolution of 21 February 2008 on the Commission's 23rd Annual report on monitoring the application of Community law (2005) (2006/2271(INI))
(2009/C 184 E/09)
The European Parliament,
— having regard to the Commission's 23rd Annual report on monitoring the application of Community law (COM(2006)0416),
— having regard to the Commission's staff working papers (SEC(2006)0999 and SEC(2006)1005),
— having regard to the Commission's Communication on ‘A Europe of results — Applying Community law’ (COM(2007)0502),
— having regard to Rules 45 and 112(2) of its Rules of Procedure,
— having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Petitions (A6-0462/2007),
A. whereas the effectiveness of EU policies is largely determined by their implementation at national, regional and local levels; whereas compliance with Community legislation by the Member States must be rigorously controlled and monitored in order to ensure that it has the desired positive effects on the daily lives of citizens,
B. whereas the number of complaints relating to infringements of Community law shows that citizens of the Union play a vital role in its application, and that the ability of the EU Institutions properly to address citizens' concerns is important for the credibility of the European Union,
C. whereas the Commission may adapt the means it uses to carry out its mission effectively and make innovations designed to improve the application of Community law,
The 2005 Annual report and the follow-up to Parliament's resolution
1. Notes that the total number of infringement proceedings initiated by the Commission has tended to increase in recent years and reached 2 709 detected infringements in 2003 (for EU-15); further notes that the number of detected infringements dramatically decreased in 2004 (by 563) and increased again in 2005, albeit to a level which is lower than in 2003: 2 653 registered infringements (for EU-25);
2. Notes accordingly that the accession of 10 new Member States seems not to have had any impact on the number of registered infringements, and calls on the Commission to give Parliamenta clear explanation and reassurance that this is not due to a lack of registration of complaints or to a lack of internal resources dealing with infringements within the Commission or to a political decision to be more indulgent towards those Member States;
3. Welcomes the willingness of most of the relevant Directorates-General to provide information on the resources allocated to infringements in their respective areas as well as on the state of infringement proceedings; notes that each Directorate-General has its own way of dealing with the application of Community law and with the allocation of resources and that there is no precise overview and public general evaluation of the way these different approaches work;
4. Commits itself to supporting the Commission via increased budget appropriations for an increase of resources, as requested by most of the Directorates-General concerned; C 184 E/64 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
5. Welcomes the fact that some Directorates-General have developed specific mechanisms to supplement the use of infringement proceedings with a view to achieving an effective monitoring and consolidation of the application of Community law; notes that, in the 2002 regulatory framework for electronic communi cations, the notification procedures in respect of draft national legislative measures were established, permitting collaboration among the national regulatory authorities of the Member States and the Commission within a short time frame; calls on the Commission to consider the systematic application of this preventive mechanism to other sectors;
6. Considers that the sharing of best practices between the Member States, for example in the form of package meetings and transposition workshops organised by the Commission to facilitate the application of Community law, should be encouraged; calls on the Commission to consider means of involving Parliament in such processes;
7. Welcomes the efforts made by some Directorates-General of the Commission — and notably DG Environment — to improve the conformity checks on the relevant directives, but is not satisfied with the Commission's answer concerning the confidentiality of the conformity studies; calls once more on the Commission to publish on its website the studies requested by the various Directorates-General on the evaluation of the conformity of national implementation measures with Community legislation;
8. Welcomes the inclusion in the Annual Report and its related annexes for the first time of particulars of the specific and detailed treatment of infringements relating to petitions;
9. Encourages the practice of sending fact-finding missions to various Member States to investigate issues raised by petitioners; regards this as a pragmatic way of solving problems directly with Member States in the interests of the citizen; believes that such missions are all the more necessary in the light of the Commis sion's lack of ‘inspection’ powers for verifying the practical implementation of EC law, for example in the area of the environment;
10. Welcomes the Commission's commitment as a rule to include citizens' or peoples' summaries in future legislative proposals and requests concrete examples of such summaries as well as clarification that they form an integral part of the legal act concerned, as called for in paragraph 19 of Parliament's resolution of 16 May 2006 on the Commission's 21st and 22nd Annual reports on monitoring the application of Community law (2003 and 2004) ( 1);
11. Believes that the Commission should be more proactive in monitoring national events which may disclose a breach of Community law; calls on the Commission, therefore, to make more intensive use of its Representation Offices to prevent or remedy infringements;
12. Calls on the Member States to go beyond a purely formal transposition of Community legislation and to avoid, as far as possible, the fragmentary transposition of directives, with a view to making legis lation simpler and more transparent;
13. Welcomes the fact that, in its abovementioned Communication entitled ‘A Europe of results — Applying Community law’, the Commission addresses some of the main policy issues raised in Parliament's abovementioned resolution of 16 May 2006; notes, however, that some important issues are still pending and were not fully answered, notably those concerning the resources allocated to deal with infringement cases, the length of the infringement procedure and the very limited use of Article 228 of the EC Treaty, and the evaluation of the application of the priority criteria; asks the Commission to provide an answer with regard to these important issues by May 2008;
The Commission's 2007 Communication on ‘A Europe of results — Applying Community law’
14. Welcomes the fact that, in its abovementioned Communication, the Commission attaches value to, and takes duly into account, the issue of the application of Community law;
( 1 ) OJ C 297 E, 7.12.2006, p. 122. 6.8.2009 EN Official Journal of the European Union C 184 E/65
Thursday 21 February 2008
15. Notes that the examination of petitions has revealed what appear to be structural weaknesses in the implementation by Member States of various norms of Community law; is of the opinion that, in order to ensure the consistency and coherence of Community law, infringements of Community law must be consistently brought before the Court of Justice of the European Communities, at least in nationally important cases which set a precedent for national case-law and future practice; takes the view that consistency on the part of the Commission in this respect could significantly reduce citizens' subsequent need to complain to the Commission and petition Parliament on analogous issues;
16. Notes that the main obstacles to the effectiveness of the infringement procedure (Articles 226 and 228 of the EC Treaty) remain its length and the limited recourse to Article 228; insists that the time-limits proposed by the Commission in respect of the non-communication of transposition measures (no more than 12 months from the sending of the letter of formal notice to the resolution of the case or the Court of Justice being seised of the matter) and in respect of proceedings to ensure compliance with an earlier judgment of the Court (between 12 and 24 months) must in no case be exceeded, and, to that end, calls on the Commission to carry out, within those time-limits, periodic monitoring of the progress of infringement procedures and to inform the citizens concerned thereof;
17. Calls on the Commission to be more firm in applying Article 228 of the Treaty in order to ensure that judgments of the Court of Justice are properly complied with;
18. Welcomes the Commission's intention to modify current working methods with the aim of priori tising and accelerating the handling and management of existing procedures as well as to commit and formally involve the Member States; notes that, under the proposed new working method, enquiries and complaints received by the Commission will be directly transmitted to the Member State concerned ‘where an issue requires clarification of the factual or legal position in the Member State. (…) The Member State would be given a short deadline to provide the necessary clarifications, information and solutions directly to the citizens or business concerned and inform the Commission’ ( 1 );
19. Observes that the Commission is often the only body left to which citizens can turn to complain about the non-application of Community law; is therefore concerned that, by referring back to the Member State concerned (which is the party responsible for the incorrect application of Community law in the first place), the new working method could present a risk of weakening the Commission's institutional respon sibility for ensuring the application of Community law as the ‘guardian of the Treaty’ in accordance with Article 211 of the EC Treaty;
20. Takes note that the Commission declares that the new working method is not a replacement of the infringement procedure and that it commits itself to applying it only in the pre-infringement phase, according to a precise timetable and strict deadlines;
21. Asks the Commission to ensure that the existing procedural guarantees given to the complainant will not be affected by the new method and reminds the Commission that, according to the European Ombudsman's decisions, failure to register a complaint constitutes maladministration; points out that, for this purpose, a complaint should be understood as any correspondence which is likely to disclose a violation of Community law or which is otherwise categorised as a complaint;
22. Stresses the importance of the Commission keeping the complainant informed of the substance of all correspondence with Member States concerning his complaint throughout the procedure and more notably in the pre-infringement phase if the new method is applied;
23. Considers that the suspension of some parts of the Commission's current internal Manual of Procedures is questionable, since not all Member States and not all sectors are included in the pilot project and the new method is not fully in place; considers that this could result in confusion both internally and vis-à-vis citizens with respect to the procedures to be applied, especially as regards similar infringements committed in different Member States; asks that it be given access to the internal Manual of Procedures;
( 1 ) COM(2007)0502, section 2.2. C 184 E/66 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
24. Agrees on the importance of deploying resources to conformity assessments, but insists that more human resources have to be devoted to dealing with infringements; is particularly concerned that the diminution in the number of infringements after enlargement could indeed originate from insufficient means to properly follow up the implementation of EU law; calls on the Commission to provide Parliament with specific data concerning the number of posts and the volume of resources that will be devoted under the 2008 budget specifically to dealing with infringements;
25. Welcomes the Commission's suggestion that the new working method be tested through a pilot exercise; expresses concern, however, that some inconsistency and confusion could arise between those Member States that are part of the pilot project and those that are not, as the suspension of the internal procedure deriving from the introduction of the new working method applies in all cases;
26. Asks the Commission to focus the proposed pilot exercise on those Member States in which the application of Community law remains problematic as a result of a lack of cooperation on the part of national authorities, especially at regional and local level; asks the Commission to verify through the pilot exercise whether, and if so where, more resources are needed within the Commission to handle and manage complaints following the setting-up of the new working method;
27. Given that petitions and complaints from citizens and businesses facilitate the detection of a very substantial number of infringements, and in order to avoid confusion in contacting the various problem- solving bodies, urges the Commission to investigate the possibility of clear signposting or the creation of an on-line one-stop-shop in order to assist citizens;
28. Welcomes the Commission's decision to ‘introduce more frequent decision-taking for most procedural steps to allow for quicker progress’; notes that the Commission organises four formal meetings a year to decide on infringement procedures, and welcomes the Commission's decision to have more frequent decision-taking on infringements; regrets that the Communication did not define stronger political and organisational measures to tackle these new commitments;
29. Regrets that the Commission did not respect its commitment, announced in its 2002 Communi cation on ‘Better monitoring of the application of Community law’, that ‘the application of the priority criteria will be assessed annually, when the report on the monitoring of the application of Community law is discussed’ ( 1); welcomes its new commitment to ‘describe and explain its action on these priorities in its annual reports, from 2008’ ( 2);
30. Notes that Parliament has continued to receive petitions alleging persistent breaches by Member States of the petitioners' human and fundamental rights and deeply regrets that the criteria for violations of the human rights or fundamental freedoms enshrined in substantive Community law have disappeared from the new list of priority criteria; recalls that the EU Treaty gives Parliament the power to initiate the procedure laid down in Article 7(1) of that Treaty;
31. Urges the Commission to extensively apply the principle that all correspondence which is likely to denounce a real violation of Community law should be registered as a complaint, unless it falls within the exceptional circumstances referred to in point 3 of the Annex to the Communication on ‘Relations with the complainant in respect of infringements of Community law’ ( 3 ); notes that the European Ombudsman has recently found the Commission responsible for ‘maladministration’ for not having registered a complaint in accordance with that Communication; urges the Commission to inform and consult Parliament on any changes in the exceptional criteria for the non-registration of complaints;
32. Urges all services of the Commission to keep complainants fully informed of the progress of their complaints at the expiry of each pre-defined deadline (letter of formal notice, reasoned opinion, referral to the Court), to provide reasons for their decisions and to communicate those reasons in full detail to the complainant in accordance with the principles stated in its Communication of 2002;
33. Welcomes the Commission's intention to take action to ensure free access to its electronic database, and encourages it to act on that commitment as soon as possible;
( 1 ) COM(2002)0725, section 3.2. ( 2 ) COM(2007)0502, section 3. ( 3 ) COM(2002)0141. 6.8.2009 EN Official Journal of the European Union C 184 E/67
Thursday 21 February 2008
34. Welcomes the Commission's commitment to provide summary information on all stages of infringement proceedings from the letter of formal notice as they progress; considers that, in the interests of transparency and better application of Community law in the national courts, the Commission should make available the content and timing of contacts with Member States once the relevant issues are no longer under investigation;
35. Welcomes the Commission's forthcoming publication of an explanatory document on the case-law of the Court of Justice concerning claims for damages for breach of rights under Community law; further suggests that the Commission should investigate the possibility of acting as amicus curiae in relevant damages cases before national courts, in accordance with national procedural law, as is already the case for domestic litigation involving EC competition law issues ( 1);
The role of the European Parliament and national parliaments in the application of EU law
36. Considers that Parliament's standing committees should take a much more active role in monitoring the application of Community law in their respective fields of competence and, to that end, should receive support and regular information from the Commission; suggests that, wherever possible, Parliament's rapporteur for a particular file or his/her appointed successor should play a central and continuing role in the ongoing review of Member States' compliance with Community law; notes that regular sessions on the application of Community law organised by the Committee on the Environment, Public Health and Food Safety are a practice that should be extended to all Parliament's committees and that the Commission should be systematically involved;
37. Notices, however, that the Commission's reluctance to provide precise information on the issues where infringement proceedings have started greatly reduces public interest in, and the effectiveness of, these sessions; calls on Parliament's committees to envisage, where appropriate, including representatives of the relevant Member States or of the Council in the list of invitees to the sessions on the application of Community law;
38. Believes that Parliament's committees (including the Committee on Petitions) should be given sufficient administrative support to carry out their mission effectively; asks the Working Party on parlia mentary reform, the Committee on Budgets and other relevant Parliament bodies to submit concrete proposals dealing inter alia with the aforementioned ongoing role of rapporteurs and to assess the feasibility of a special task force within each committee's secretariat to guarantee the continuing and effective monitoring of the application of Community law;
39. Calls for increased cooperation between national parliaments and the European Parliament and their respective parliamentarians, in order to promote and increase effective scrutiny of European matters at national level; considers that national parliaments have a valuable role to play in monitoring the application of Community law, thus helping to strengthen the democratic legitimacy of the European Union and bring it closer to the citizens;
40. Recalls the commitment on the part of the Council to encourage the Member States to draw up and publish tables illustrating the correlation between directives and domestic transposition measures; insists that such tables are essential to enable the Commission to carry out an effective scrutiny of implementing measures in all Member States; proposes, as co-legislator, to take all steps necessary to ensure that provisions regarding those tables are not removed from the text of Commission proposals during the legislative process;
41. Notes that national courts play an essential role in applying Community law and fully supports the Commission's efforts to identify areas in which supplementary training could usefully be provided for national judges, legal practitioners and officials within the national authorities;
( 1 ) Commission Notice on the cooperation between the Commission and the courts of the EU Member States in the application of Articles 81 and 82 EC (OJ C 101, 27.4.2004, p. 54), paragraphs 17 to 20. C 184 E/68 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
42. Calls on the Commission to improve monitoring of compliance by Member States' judicial au thorities with Parliament's decisions on parliamentary immunity and, where the Commission establishes a failure to comply with those decisions, to inform Parliament of the action it intends to take;
* * *
43. Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice, the European Ombudsman and the parliaments of the Member States.
Situation in Gaza
P6_TA(2008)0064
European Parliament resolution of 21 February 2008 on the situation in the Gaza Strip
(2009/C 184 E/10)
The European Parliament, — having regard to its previous resolutions on the Middle East, in particular those of 1 June 2006 on the humanitarian crisis in the Palestinian territories and the role of the EU ( 1), 16 November 2006 on the situation in the Gaza Strip ( 2), 21 June 2007 on MEDA and financial support to Palestine — evaluation, implementation and control ( 3), 12 July 2007 on the Middle East ( 4 ) and 11 October 2007 on the humanitarian situation in Gaza ( 5), — having regard to UN Security Council Resolutions 242 (S/RES/242) of 22 November 1967 and 338 (S/RES/338) of 22 October 1973, — having regard the Fourth Geneva Convention (1949), — having regard to the Annapolis Declaration of 27 November 2007, — having regard to the conclusions of the General Affairs and External Relations Council of 28 January 2008, — having regard to the declaration on the situation in Gaza made by the Euro-Mediterranean Parliamentary Assembly's Committee on Political Affairs, Security and Human Rights on 28 January 2008, — having regard to the UN Human Rights Council resolution of 24 January 2008 on human rights violations in the Gaza Strip (A/HRC/S-6/L.1), — having regard to Rule 103(4) of its Rules of Procedure, A. whereas, as a result of the embargo on the movement of people and goods, the partial denial of access to drinking water, food and electricity, and the lack of essential goods and services, the humanitarian situation in the Gaza Strip has further deteriorated, B. whereas the border crossings in and out of Gaza have been closed for months, and whereas the embargo on the movement of people and goods has further paralysed the economy in the Gaza Strip, C. whereas key public service sectors, including the health and education systems, are facing serious short comings owing to a lack of basic materials required for their functioning, and whereas the lack of medicines and of fuel to run the generators in hospitals in the Gaza Strip is endangering Palestinian lives,
( 1 ) OJ C 298 E, 8.12.2006, p. 223. ( 2 ) OJ C 314 E, 21.12.2006, p. 324. ( 3 ) Texts Adopted, P6_TA(2007)0277. ( 4 ) Texts Adopted, P6_TA(2007)0350. ( 5 ) Texts Adopted, P6_TA(2007)0430. 6.8.2009 EN Official Journal of the European Union C 184 E/69
Thursday 21 February 2008
D. whereas hundreds of thousands of Palestinians recently crossed the border between the Gaza Strip and Egypt, after breaking down the border wall, in order to find essential goods for their basic needs, and whereas the Egyptian forces gradually resumed control of the situation and resealed the border on 3 February 2008, bringing to an end the free movement of Palestinians, as requested by the Israeli authorities,
E. whereas the destruction of part of the border wall and fence is a direct consequence of the extremely serious humanitarian crisis in Gaza, which has led to the Palestinian population endeavouring to claim its vital need for freedom of movement,
F. whereas a recent suicide terrorist attack in Dimona, after a long period without such acts, killed and wounded Israeli civilians; whereas the firing of rockets by Palestinian militias from the Gaza Strip into Israeli territory has continued; and whereas the military operations killing and endangering civilians and the extrajudicial targeted killings by the Israeli army have continued in the Gaza Strip,
G. whereas the situation and the recent developments in the Gaza Strip threaten to undermine the ongoing negotiations between Israelis and Palestinians and the efforts to conclude an agreement by the end of 2008, as declared by the parties at the international Annapolis Conference of 27 November 2007,
H. whereas the European Union has provided considerable financial support to the Palestinians in the past years; whereas the EU's Temporary International Mechanism and project funding have played an important role in avoiding a humanitarian catastrophe in the Gaza Strip and in the West Bank; whereas the Commission, the United Nations Development Programme, the United Nations Relief and Works Agency and the World Bank have suspended several infrastructure projects due to the inability to import raw materials; whereas these humanitarian offices, agencies and organisations have continued their activities on a limited scale despite all the obstacles; whereas the European Union continues to provide humanitarian assistance to the Palestinian people and direct subsidies to employees of the Palestinian Authority in the Gaza Strip; whereas the Palestinian-European Mechanism for Management of Socio-Economic Aid (PEGASE) will constitute a new financing mechanism for EU and other inter national assistance for the Palestinian Territories,
I. whereas at the conference held in Annapolis all parties expressed their wish for a new start of negoti ations with a view to the establishment of a sovereign and viable Palestinian State, alongside a safe Israeli State,
J. whereas the participants in the International Donors' Conference for the Palestinian State, held in December 2007 in Paris, pledged a total of USD 7,4 billion to support Palestinian institution-building and economic recovery for the next three years,
K. whereas the Special Envoy for the Quartet has identified four priority projects for economic development and institution-building for the Palestinian Territories, including the restoration of the Beit Lahia sewage treatment plant in northern Gaza,
1. Reiterates its deep concern at the humanitarian and political crisis in the Gaza Strip and its further possible grave consequences; considers the recent developments at Rafah, including peaceful events and violent acts, to be the result of that crisis in the Gaza Strip;
2. Expresses its deepest sympathy for the civilian population affected by the violence in Gaza and southern Israel;
3. Reiterates its call for an immediate end to all acts of violence;
4. Calls on Israel to cease military actions killing and endangering civilians, and extrajudicial targeted killings;
5. Calls on Hamas, following the illegal takeover of the Gaza Strip, to prevent the firing of rockets by Palestinian militias from the Gaza Strip into Israeli territory; C 184 E/70 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
6. Believes that the policy of isolation of the Gaza Strip has failed at both the political and the humani tarian level; once again calls on all parties to fully respect international law, and notably international humanitarian law;
7. Regards as positive the reaction by Egypt to the disturbances at Rafah, which allowed many Palestinian families to have access to essential goods for their basic needs; urges the Government of Egypt to continue to play an active role in maintaining peace and stability in the area;
8. Calls once again for an end to the blockade and for a controlled re-opening of the crossings in and out of Gaza; calls on Israel to ensure the movement of people and goods at Rafah, Karni and other crossing- points, in compliance with the Agreement on Movement and Access; calls for the resumption of the EU Border Assistance Mission at Rafah; supports the statement by the EU High Representative for CFSP that a new Council mandate should be considered for the Mission; calls in this context for an increased inter national presence in the area;
9. Welcomes the proposal by the Palestinian Authority to take control of the crossing-points, on the basis of an agreement involving Egypt, Israel and the Palestinian Authority, and supports the recent resolution adopted by the Arab League in that respect; invites the Palestinian Authority, nevertheless, to help establish the necessary conditions to engage all parties concerned in the Gaza Strip in this regard;
10. Believes that the civilian population should be exempt from any military action and any collective punishment; calls on Israel to fulfil its international obligations, as an occupying power, in the Gaza Strip; calls on Israel to guarantee a continuous and sufficient flow of humanitarian aid, humanitarian assistance and essential goods and services, including fuel and power supplies, to the Gaza Strip; expresses grave concern at Israel's decision to introduce progressive five per cent per week cuts in power supplies to the Gaza Strip, which cannot be considered consistent with meeting minimum humanitarian needs; welcomes the petition from 10 Israeli human rights organisations against fuel and electricity cuts in the Gaza Strip;
11. Considers that the functioning of public institutions providing essential services and the operations of the international humanitarian offices, agencies and organisations seeking to improve the conditions of the Palestinians living in the Gaza Strip require, despite the political deadlock, a dialogue between the Palestinian Authority and Hamas;
12. Stresses the great importance of a permanent geographical and trade connection between, and the peaceful and lasting political reunification of, the Gaza Strip and the West Bank, and calls on Hamas to revise its position in line with the Quartet principles and the previously agreed international obligations, and to support the peace process and the ongoing negotiations;
13. Reiterates its call for the immediate release of the Israeli corporal Gilad Shalit, which would be perceived as an act of goodwill on the part of Hamas, and of all imprisoned Palestinian former ministers, legislators and mayors; recognises the importance of the release of detainees in building confidence in the context of the current peace talks;
14. Reminds the parties of the commitments which they made in Annapolis to hold negotiations in good faith with a view to concluding by the end of 2008 a peace treaty resolving all outstanding issues, including all core issues, without exception, as specified in previous agreements; urges both sides to fulfil their obligations under the Road Map;
15. Calls on the Council and the Commission to continue, together with the international community, to guarantee essential humanitarian aid for the Palestinians living in the Gaza Strip, with special regard to the needs of particularly vulnerable groups; stresses the importance of the new financing mechanism PEGASE; expresses, nevertheless, its deep concern at the destruction of facilities financed within the framework of humanitarian aid or project financing provided by the European Union, which undermines the efficiency of EU assistance and affects the solidarity of the public in the Member States;
16. Welcomes the outcome of the December 2007 International Donor's Conference for the Palestinian State, namely the pledging of over USD 7,4 billion, and calls on all donors to deliver on their pledges in support of efforts to build the future Palestinian State in accordance with the Reform and Development Plan presented by Prime Minister Dr Salam Fayyad; 6.8.2009 EN Official Journal of the European Union C 184 E/71
Thursday 21 February 2008
17. Expresses grave concern over the ecological and human health consequences of the failure to undertake maintenance of sewage treatment facilities, and in particular calls on all parties to facilitate access to the goods needed for the repair and reconstruction of the Beit Lahia plant, as identified by the Special Envoy for the Quartet;
18. Calls for an urgent and exemplary energy project for Gaza, possibly in the Rafah area, in order to guarantee autonomy and self-sufficiency in electricity production and desalinisation for the population;
19. Invites its Working Group on the Middle East to examine, in cooperation with the Commission and the international organisations concerned, the consequences of the destruction of the infrastructure in the Gaza Strip, with special regard to the facilities financed within the framework of the humanitarian aid or project financing provided by the European Union;
20. Instructs its President to forward this resolution to the Council, the Commission, the High Repre sentative for the Common Foreign and Security Policy, the governments and parliaments of the Member States, the UN Secretary-General, the Special Envoy for the Middle East Quartet, the President of the Euro- Mediterranean Parliamentary Assembly, the President of the Palestinian Authority, the Palestinian Legislative Council, the Israeli Government, the Knesset, and the Egyptian Government and Parliament.
Seventh Human Rights Council of the United Nations
P6_TA(2008)0065
European Parliament resolution of 21 February 2008 on the seventh session of the United Nations Human Rights Council (UNHRC)
(2009/C 184 E/11)
The European Parliament, — having regard to its previous resolutions on the United Nations Commission on Human Rights since 1996, in particular its resolution of 7 June 2007 on the fifth session of the United Nations Human Rights Council (UNHRC) ( 1), as well as those of 16 March 2006 on the outcome of the negotiations on the Human Rights Council and on the 62nd session of the UNCHR ( 2), of 29 January 2004 on the relations between the European Union and the United Nations ( 3), of 9 June 2005 on the reform of the United Nations ( 4 ), of 29 September 2005 on the outcome of the United Nations World Summit of 14- 16 September 2005 ( 5) and of 26 April 2007 on the Annual Report on Human Rights in the World 2006 and the EU's policy on the matter ( 6), — having regard to its urgent resolutions on human rights and democracy, — having regard to United Nations General Assembly Resolution A/RES/60/251 establishing the Human Rights Council (UNHRC), — having regard to the previous regular and special sessions of the UNHRC, in particular to the sixth regular session, as well as the sixth special session on ‘Human rights violations emanating from Israeli military attacks and incursions in the Occupied Palestinian Territory, particularly in the Occupied Gaza Strip’, held on 23-24 January 2008, — having regard to the forthcoming seventh session of the UNHRC, to be held in March 2008,
( 1 ) Texts Adopted, P6_TA(2007)0235. ( 2 ) OJ C 291 E, 30.11.2006, p. 409. ( 3 ) OJ C 96 E, 21.4.2004, p. 79. ( 4 ) OJ C 124 E, 25.5.2006, p. 549. ( 5 ) OJ C 227 E, 21.9.2006, p. 582. ( 6 ) Texts Adopted, P6_TA(2007)0165. C 184 E/72 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
— having regard to the first and second rounds of the Universal Periodic Review (UPR) to be held from 7 to 18 April 2008 and from 5 to 16 May 2008,
— having regard to Rule 103(4) of its Rules of Procedure,
A. whereas respect for, and the promotion and safeguarding of, the universality of human rights is part of the European Union's ethical and legal acquis and one of the cornerstones of European unity and integrity,
B. whereas the UNHRC provides an effective platform for strengthening human rights protection and promotion within the UN framework,
C. whereas the seventh session of the UNHRC will be crucial, as it will be the first to examine a wide range of substantive issues under the new working methods stemming from the institution-building reforms adopted in 2006 and 2007 and will fine-tune the modalities of the UPR,
D. whereas the credibility of the UNHRC rests on the implementation of these reforms and mechanisms in a way which will strengthen its ability to address human rights violations around the world,
E. whereas an ad hoc European Parliament delegation will be established for the seventh session of the UNHRC, as in the two previous years and, before that, for the UNHRC's predecessor, the UN Commission on Human Rights,
The work of the Human Rights Council
1. Underlines the crucial role of the Human Rights Council in the overall UN architecture; reiterates the view that its focus should remain primarily on addressing human rights violations, as general political situations fall within the competence of other UN bodies; stresses the specific characteristics of the UNHRC, namely the important role of Special Procedures, the special sessions, the UPR, the interactive dialogue and its capacity to address urgent crises;
2. Takes note of the results of the UNHRC's work; welcomes the fulfilment of the ambitious programme the UNHRC set itself, which included the review of its procedures and working methods, in particular the development and implementation of the UPR and the review of Special Procedures;
3. Pays tribute to the positive achievements of the UNHRC presidency and in particular its good cooperation with the Office of the High Commissioner for Human Rights (OHCHR); calls on the EU to support as a matter of priority candidates with high standards of integrity standing for election as the new President of the UNHRC in the ballot to be held on 23 June 2008;
4. Welcomes the organisation of special sessions, as they constitute essential links between serious human rights violations and independent expertise; is concerned, however, at the failure of the UNHRC to take action to address many of the world's most urgent human rights violations;
5. Notes that the purpose of special sessions is to address urgent crises, while persistent human rights violations should be addressed in regular session, allowing for a more in-depth analysis and providing solutions for the long term;
6. Stresses that special sessions require prior preparation and structured working methods to produce a positive outcome; in this regard, notes the success of key EU initiatives;
7. Notes the direct impact of the special session on Burma, held in Geneva in October 2007, which resulted in the condemnation of government repression and the visit of the Special Rapporteur with a view to investigating the human rights situation in Burma; deplores the lack of follow-up to, and monitoring of, the Special Rapporteur's recommendations, as the human rights situation is worsening in Burma; 6.8.2009 EN Official Journal of the European Union C 184 E/73
Thursday 21 February 2008
United Nations General Assembly election of new members of the UNHRC
8. Calls for competitive elections to be held in all regions, in May 2008, in order to provide real choice among UN Member States; regrets that some countries with problematic human rights records have so far been elected, since this means that slates have been wiped clean;
9. Calls on the Council, the Commission and the Member States to continue to press for the estab lishment of membership criteria for election to the UNHRC, including the issuing of standing invitations to Special Procedures, as well as for monitoring of the actual implementation of the UN Member States' election pledges; pending such a reform, calls for this rule to be applied in determining the support of EU Member States in the UNHRC for candidate countries;
Procedures and mechanisms
UPR
10. Regards the UPR mechanism as a potential means of improving the universality of monitoring of human rights commitments and practices throughout the world by subjecting all UN Member States to equal treatment and scrutiny;
11. Points out that the aim of the UPR is to conduct an objective review of a country situation in order to identify areas of human rights violations which could be improved through the exchange of good practices and enhanced cooperation leading to recommendations and conclusions; in this regard, calls on EU Member States and the Commission to take these recommendations and conclusions into account when defining the objectives and priorities of EU assistance programmes;
12. Calls for the UPR process, the first and second rounds of which will be held from 7 to 18 April 2008 and from 5 to 16 May 2008, to live up to the expectations voiced so far; calls on EU Member States to conduct UPR transparently and objectively and in the spirit of the abovementioned Resolution 60/251; calls on EU Member States subjected to UPR to be self-critical and not limit their presentations to listing their positive achievements;
13. Notes that a number of questions still need to be addressed, including the selection of what are termed ‘UPR Troikas’ which will facilitate review of the UN Member States in the field of human rights; in this regard, urges EU Member States not to accept the possibility of the confidential refusal by countries under review of the selection of countries in charge of their review;
14. Calls on UNHRC members to appoint independent experts as their representatives on the working group in charge of conducting the UPR; calls on EU Member States to take the lead in promoting such an approach by adopting common guidelines on UPR modalities;
15. Notes the importance of the involvement of civil society, human rights defenders and Special Procedures; reiterates its view that the conclusions and recommendations thereof should constitute the basis for an independent and credible review;
Review of mandates and nomination of Special Procedures mandate holders
16. Stresses that Special Procedures are at the core of the UN human rights machinery, playing a critical role in the Human Rights Council in particular; reaffirms the need for UNHRC members to comply with their obligation to cooperate fully in connection with Special Procedures;
17. Stresses that the credibility of the UNHRC will depend on the new nominations for Special Procedures mandate holders in March 2008;
18. Calls for the nomination, as mandate holders, of persons with recognised human rights expertise, relevant experience, independence, impartiality, personal integrity and objectivity as well as substantial knowledge of the Special Procedures system;
19. Urges governments, NGOs and relevant professional associations to send the names of eligible candidates for inclusion in the public roster of eligible candidates managed by the OHCHR; C 184 E/74 EN Official Journal of the European Union 6.8.2009
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20. Calls on the Consultative Group in charge of reviewing candidates for Special Procedures mandates and making recommendations for appointments to the Presidency of the Council to fulfil its mandate in an objective and transparent manner and to base its choices on the criteria of professionalism and personal integrity;
21. Condemns the Human Rights Council's decision not to renew the mandates of the Special Rapporteurs on Belarus and Cuba;
22. Welcomes the renewal of the country mandates of the Special Rapporteur on Sudan and of the Independent Experts on Liberia, Haiti and Burundi;
23. Regrets the EU's support for the UNHRC's decision to disband its expert group on Darfur; notes that the follow-up to the work of the group of experts has been added to the mandate of the Special Rapporteur on Sudan; is therefore concerned that her mandate may be weakened by the increase in her workload;
24. Given their important added value, encourages the exercise of greater circumspection in the discon tinuance of the mandates of expert groups in the future;
25. Welcomes the renewal of the thematic mandates reviewed so far;
26. Calls on the EU Member States to ensure renewal of the mandates of the Special Rapporteurs on Burma and on the Democratic People's Republic of Korea, and extension of the mandates of the Independent Experts on Somalia and the Democratic Republic of the Congo;
27. Welcomes the creation of an expert mechanism, with five independent members, on the human rights of indigenous peoples;
28. Encourages the holding, as soon as possible and at all events during 2008, of discussions on the question of violence against women in all its forms and manifestations, and the setting of priorities for addressing this issue in the UNHRC's future efforts and work programmes, as agreed in General Assembly Resolution A/RES/61/143 of 19 December 2006 on intensification of efforts to eliminate all forms of violence against women;
29. Notes the adoption, on 18 June 2007, of a Code of Conduct for Special Procedures Mandate Holders; calls on the UNHRC to implement this Code of Conduct in the spirit of the abovementioned Resolution 60/251 and to respect the independence of Special Procedures;
30. Supports the efforts of the Coordination Committee of Special Procedures in drafting the appropriate procedure by which the Code of Conduct and other relevant documents, including the Manual of Special Procedures, may be best implemented in such a way as to strengthen their ability to protect and promote human rights; calls on the Special Procedures Coordination Committee to work in an efficient and trans parent manner in order to avoid technical debates which could delay substantive debates and hamper the mandates of Special Procedures;
Complaint procedure
31. Notes that the complaint procedure outlined as part of the UNHRC's institution-building process appears to be very similar to the former ‘1503 procedure’; calls for a new process which will be more effective in identifying, preventing and addressing situations of manifest gross human rights violations;
EU involvement
32. Recognises the active involvement of the EU and its Member States in the first year of work of the UNHRC;
33. Welcomes the involvement of the EU in the difficult negotiations at the sixth regular session which sought, in particular, to achieve positive results regarding the renewal of the Special Procedures mandates; 6.8.2009 EN Official Journal of the European Union C 184 E/75
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34. Points to the need for the EU to speak with one voice in addressing human rights issues, but also to the fact that it is important for each EU Member State to voice the EU position, in order to give it more weight; 35. Calls on the EU to sponsor its own resolution seeking consensus in addressing the current violations of human rights in relation to the blockade on Gaza and rocket attacks against Israel; 36. Calls for enhanced cooperation with the OHCHR and for its independence to be preserved by granting it adequate funding; 37. Calls for ongoing support for Special Procedures in terms of finance and staff; expresses its support for the European Instrument for Democracy and Human Rights ( 1), as this is an important source of financing for Special Procedures; welcomes the initiatives of the Working Party on Human Rights (COHOM) presidency to enhance its cooperation with Special Rapporteurs, notably by means of systematic invitations to relevant meetings; 38. Calls on the Commission and the Council to adopt a ‘common position’ designed to ensure that EU Member States automatically sign and ratify all international human rights instruments; 39. Notes the EU's work in favour of the adoption of resolutions by consensus; calls on the EU Member States to pursue their efforts to engage with countries from other regional groups with a view to guaran teeing broad support for resolutions which strengthen the protection and promotion of human rights; calls on the EU to make more effective use of its aid to and political support for third countries, so as to give them an incentive to cooperate with the UNHRC; 40. Mandates the European Parliament delegation to the seventh session of the UNHRC to voice the concerns expressed in this resolution, calls on the delegation to report to the Subcommittee on Human Rights on its visit, and considers it appropriate to continue sending a European Parliament delegation to relevant sessions of the UNHRC; * * *
41. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the UN Security Council, the UN Secretary-General, the President of the 62nd UN General Assembly, the President of the UN Human Rights Council, the UN High Commissioner for Human Rights and the EU-UN working group established by the Committee on Foreign Affairs.
( 1 ) Regulation (EC) No 1889/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a financial instrument for the promotion of democracy and human rights worldwide (OJ L 386, 29.12.2006, p. 1).
The demographic future of Europe
P6_TA(2008)0066
European Parliament resolution of 21 February 2008 on the demographic future of Europe (2007/2156(INI))
(2009/C 184 E/12)
The European Parliament, — having regard to its resolution of 14 March 1997 on the Commission report to the Council and European Parliament on the demographic situation in the European Union (1995) ( 1),
— having regard to its resolution of 12 March 1998 on the Commission demographic report 1997 ( 2 ),
( 1 ) OJ C 115, 14.4.1997, p. 238. ( 2 ) OJ C 104, 6.4.1998, p. 222. C 184 E/76 EN Official Journal of the European Union 6.8.2009
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— having regard to its resolution of 15 December 2000 on the Commission communication Towards a Europe for all ages — promoting prosperity and intergenerational solidarity ( 1),
— having regard to the Commission communication on Europe's response to World Ageing — Promoting economic and social progress in an ageing world — A contribution of the European Commission to the 2nd World Assembly on Ageing (COM(2002)0143),
— having regard to the European Youth Pact adopted by the Brussels European Council of 22 and 23 March 2005,
— having regard to the Commission Green Paper on Confronting demographic change: a new solidarity between the generations (COM(2005)0094),
— having regard to its resolution of 23 March 2006 on demographic challenges and solidarity between the generations ( 2 ),
— having regard to its resolution of 6 September 2006 on a European Social Model for the future ( 3 ),
— having regard to the Commission communication on The demographic future of Europe — from challenge to opportunity (COM(2006)0571),
— having regard to the Commission communication on Promoting solidarity between the generations (COM(2007)0244),
— having regard to the opinion of the European Economic and Social Committee of 14 March 2007 on The family and demographic change ( 4) and its core proposal that a European pact for the family be signed by Member States,
— having regard to the Commission Staff Working document on Europe's demographic future: facts and figures (SEC(2007)0638),
— having regard to Rule 45 of its Rules of Procedure,
— having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Women's Rights and Gender Equality, the Committee on Economic and Monetary Affairs, the Committee on Regional Development and the Committee on Civil Liberties, Justice and Home Affairs (A6-0024/2008),
A. whereas demography is the combined result of various factors — birth rate, life expectancy and migratory flows — and whereas the current rates for those factors in the Member States show that by 2050, large-scale demographic changes are to be expected, leading in particular to an ageing of the European population, whose average age could rise from 39 in 2004 to 49 in 2050,
B. whereas those demographic changes may, according to Commission estimates, profoundly alter the population structure and the age pyramid, with the number of young people aged between 0 and 14 years falling from 100 million (1975 index) to 66 million in 2050, the population of working age peaking around 2010 at 331 million and gradually diminishing thereafter to some 268 million in 2050, life expectancy increasing by six years for men and five years for women between 2004 and 2050, and the percentage of people aged over 80 climbing from 4,1 % in 2005 to 11,4 % in 2050,
C. whereas the average European old-age dependency ratio (number of persons aged over 65 divided by the number aged between 14 and 65) will rise from 25 % in 2004 to 53 % in 2050,
( 1 ) OJ C 232, 17.8.2001, p. 381. ( 2 ) OJ C 292 E, 1.12.2006, p. 131. ( 3 ) OJ C 305 E, 14.12.2006, p. 141. ( 4 ) OJ C 161, 13.7.2007, p. 66. 6.8.2009 EN Official Journal of the European Union C 184 E/77
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D. whereas, however, the economic dependency ratio (number of economically inactive population, such as pensioners, children and youth in education divided by the number of economically active population at working age) is much more important than the old-age dependency ratio for estimating the costs for society with regard to its non-active population,
E. whereas demographic change impacts seriously on public spending, which is expected to increase by 10 % between 2004 and 2050,
F. whereas demographic changes should not affect the total size of the European population between until 2050, but will lead to significant regional imbalances, with some areas of the European Union already characterised by large outflows of young people, mainly young women; whereas, similarly, the popu lation of Europe as a proportion of the world's population will fall from 15 % 100 years ago to 5 % in 2050; whereas EU regions are very differently affected by these changes: while a disproportionately high number of older people already live in regions with net outward migration, regions with net inward migration have not yet experienced the process of an ageing society because of young people immigrating into the areas,
G. whereas infertility is one of the causes of demographic decline and whereas it should be recognised as a public health concern and as a social problem affecting both men and women; reminds the Commission of the call for action on infertility and demography made by the Parliament in 2005 and calling upon the Commission to put forward recommendations in this area,
H. whereas legal immigration is a positive element in the make-up of the European population and is necessary if demographic balance is to be maintained; whereas, however, legal immigration alone is not sufficient to counteract the progressive ageing of the population in the European Union and measures are needed to increase the birth rate of the resident population,
I. whereas immigration is only a partial and short-term solution to demographic change in Europe, which requires Member State commitments to securing respect for the principle of gender equality in the public and private sectors, protecting maternity, providing social and economic support for families and taking measures to improve the reconciliation of family life with work for men and women,
J. whereas disability is strongly linked to age and older people are more likely to have an impairment or disability,
General considerations
1. Notes with concern the demographic projections until 2050; stresses, however, that 50-year projections are not irreversible predictions but serious warnings to which we must respond today if we are to maintain Europe's competitiveness, the viability of the economy, social cohesion, solidarity between the generations and its social model for tomorrow; considers that the perspective of shrinking populations by 2050 may implicate a lowering of the pressure on the environment and provide an opportunity for sustainable development, which in turn needs proactive policies to adapt spatial planning, housing, transport and other kinds of infrastructures accordingly; recognises the competences of Member States in this regard;
2. Recalls, first, that the two chief causes of demographic change — the falling birth rate and the ageing of the population — are the result of progress: increased life expectancy is the direct result of progress in science, hygiene and living standards and women's control over their reproductive lives is the result of their emancipation and goes hand-in-hand with higher levels of education for girls and women's participation in active life and public responsibilities; considers that this should be regarded as an irreversible benefit to humanity;
3. Acknowledges that a society that places children at the centre of its policies is the precondition for a healthier birth rate; insists on the need to create a family-friendly environment and to improve living conditions for families and children and for realising families' real aspirations; C 184 E/78 EN Official Journal of the European Union 6.8.2009
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4. Stresses that the average birth rate in the European Union, which at 1,5 is abnormally low, is not a reflection of women's choice or of European citizens' actual aspirations for creating a family, and may therefore also be linked to the difficulty of reconciling work with family life (lack of child-care infra structures, social and economic support for families, and jobs for women), the anxiety-inducing social environment (unstable work situation, expensive housing) and a fear of the future (late access to employment for young people and job insecurity);
5. Recalls that the use of alcohol and drugs among young people constitutes a risk of public importance and with huge demographic consequences, bringing about, inter alia, a decrease in their ability to work or start a family; thus recommends the establishment of target-oriented framework programmes for the prevention of early alcohol and drug use as well as for overcoming drug and alcohol dependence upon young people;
6. Considers that prolonged life expectancy is a positive factor and should be recognised as such; therefore, asks that Member States guarantee that pensioners unable to afford a home, care for themselves or live the end of their lives in dignity do not fall into poverty;
7. Encourages comprehensive anti-discrimination measures, since the issue of the demographic future of Europe cannot be separated from the problem of vulnerable groups living on the internal peripheries of society and suffering from severe poverty whose disadvantage is often seen as their own fault, which has an influence not only on children but also on the forthcoming generations;
8. Draws attention to the maltreatment and lack of care to which the elderly are exposed within their families or within the institutions in which they are placed; urges Member States and the Commission to do more to uncover the extent of abuse of older people in the European Union; notes it has been estimated that as many as 10 % of older people experience some form of physical, financial or mental abuse before they die; calls upon the Commission and the Member States to develop the provision of information, warning systems and penalties for maltreatment of this kind; welcomes the Commission's intention to produce a communication on the abuse of older people in 2008; calls for that communication to be the occasion for drawing up a comprehensive strategy for a large-scale information and action campaign in this field (training of care workers, definition of quality standards, penalties for maltreatment);
9. Regrets that no adequate measures have yet been taken to prepare the European Union for this challenge, which has been foreseeable for a number of years; regrets, in particular, that the Lisbon Strategy objectives and the commitments made at the Barcelona European Council on 15 and 16 March 2002 on childcare, employment for the over 55s, better balancing of family life and work and women's participation in working life have not been met by the great majority of Member States, and that the European Union as a whole remains far from attaining those objectives;
10. Calls on the Member States to seek to provide the high standard of care at affordable prices needed in order to accommodate children and other dependent persons, as laid down in the objectives of the Barcelona European Council of 15 and 16 March 2002, in which Member States were called upon, by 2010, to provide childcare for at least 90 % of children from age three to the start of compulsory schooling and at least 33 % of children under three; maintains that those measures must be such as to enable parents to adjust their working patterns according to their way of life;
11. Considers that the European Union's objectives should not be confined to complying with the Barcelona objectives on childcare facilities; believes that those facilities should be viewed as universal services, available to all who need them;
12. Highlights the fact that many small businesses are poorly prepared for the challenges of an ageing workforce and may require Member State assistance in this regard; 6.8.2009 EN Official Journal of the European Union C 184 E/79
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13. Welcomes the Commission's initiative to continue the discussion on this major challenge; encourages the Commission to support the identification and exchange of good practices at regional and local level and to take this opportunity for innovation in the European Union; supports its integrated approach to the demographic challenge and the five core policy directions leading to a solidarity pact between the gener ations, between the sexes, and among the regions; points out that, if demographic challenges are to be successfully met, the Member States must implement the Lisbon Strategy effectively and establish close coordination at Member State level between macroeconomic and social policies in order to enable the growth, competitiveness and productivity of the European Union's economic system to meet the challenges posed by an ageing population and to enable the Member States to discharge the obligations incumbent upon them by planning innovative policies in the fields of public finance, health services, services of general interest (SGIs), immigration and integration;
The challenge of demographic renewal
14. Recognises that maternity choices are among the most private decisions men and women take, and must be respected; recognises that, since Member States' birth rates range from 1,25 to 2,0, it is possible to influence birth rate curves favourably through coordinated public policies, by creating a family- and child- friendly material and emotional environment; recognises that, along the lines advocated by the European Economic and Social Committee in its proposed European pact for the family, those measures should be applied over the long term and should provide the necessary framework of stability and protection for parenthood decisions;
15. Calls on the Member States to adopt best practices as regards the length of maternity leave, which varies among the Member States from 14 to 28 weeks, and as regards parental leave, ante-natal care and counselling, a guaranteed income during pregnancy and returning to the same job; similarly, hopes that the Member States will take measures and provide for penalties against domestic violence and abuse;
16. Recalls the discrimination suffered by women regarding working conditions and employers' distrust regarding their desire for motherhood; recalls that women are under-employed in spite of their qualifications and that their income level, which is below the average reference wage is detrimental to their essential economic independence; calls on the Member States duly to implement Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation ( 1 ) and to transpose Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding ( 2 ); calls on the Member States to take measures under the Directive 92/85/EEC against employers who discriminate directly or indirectly against women workers wishing to start a family;
17. Calls on the Member States to consider measures to offer specific protection and support to women after the birth of a child, in particular to young single mothers, bearing in mind the growing number of one-parent families, 85 % of which are headed by women and which are more exposed than others to a serious risk of poverty;
18. Draws attention to the need for public spending on young children and large families, particularly for the provision of childcare facilities and for the protection of single mothers and one-parent families, who are at particular risk of social exclusion, isolation and poverty; stresses that those services are in the general interest and contribute to job creation and the development of the local and regional economy; calls on the Commission to showcase examples of the best practices of certain Member State reasons;
19. Recommends, therefore, combined public-private investment in the childcare sector and the pre- school education system;
20. Stresses that adequate access to services for the care of children, the elderly, people with disabilities and other dependants are essential in order to enable full and equal participation of men and women in the labour market, which will have an impact on the level of informal care available within households;
( 1 ) OJ L 204, 26.7.2006, p. 23. ( 2 ) OJ L 348, 28.11.1992, p. 1. C 184 E/80 EN Official Journal of the European Union 6.8.2009
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21. Recalls that social dialogue culminated in agreements on parental leave and part-time work, which were the subject of Council Directives 96/34/EC of 3 June 1996 on the framework agreement on parental leave ( 1) and 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work ( 2 ); calls on the Member States and the Commission, therefore, to ensure that that legislation is implemented with due regard for the principle of subsidiarity;
22. Calls on the Member States to facilitate the fostering of abused children, orphans and those raised in specialist institutions; calls for a debate at European level on the procedures for the adoption of children from Member States or third countries, and to ensure that national and international rules are respected, and, where necessary, amended, in the interests of the child; calls for the greatest possible vigilance concerning all types of maltreatment and trafficking in human beings;
23. Stresses that family patterns are changing; therefore asks the Commission and the Member States to give serious consideration to this reality when developing and implementing policies;
24. Stresses the need to improve EU paternity law; calls upon the Commission to propose specific measures designed to facilitate greater involvement in family life on the part of fathers by enhancing entitlement to paternal leave; calls upon the Commission and the Member States to promote fathers' rights as regards the upbringing and the care of children, particularly in the event of separation or divorce, with a view to developing gender equality in European society;
25. Calls upon the Commission to take into consideration the sensitive issue of infertility, which affects both married and unmarried women and couples;
26. Notes that infertility is a medical condition recognised by World Health Organization that can have severe effects such as depression; points out that infertility is on the increase and now occurs in about 15 % of couples; calls on the Member States, therefore, to ensure the right of couples to universal access to infertility treatment;
27. Encourages the Member States to identify good practices in favour of families, family benefits systems and social services of general interest (SSGIs) for protecting and helping families; calls on the Member States to provide support targeted specifically at young parents pursuing their training or studies;
28. Calls on the Member States to recognise the social, economic and educational value of informal family work in the form of caring for children and other dependants, while examining the possibility of recognising length of service, social security and pension rights for those who carry out such informal work;
29. Encourages the Member States to implement proactive measures in support of parents, such as additional retirement pension entitlements and tax breaks for company crèches, and to exchange best practices in this area;
The human resources challenge
30. Notes that, faced with an imbalance between the active and non-active population resulting from demographic change, the European Union has substantial scope to increase the employment of women, young people, senior citizens and people with disabilities; maintains that full employment must become a short-term objective in the context of the review of the Lisbon Strategy in 2008;
31. Calls for a reform of current European human resource management which, by under-employing people aged less than 25/30 and people over 55, limits to approximately 30 years the working life of a large part of the population; calls for the promotion of preventative and holistic age management techniques;
32. Calls for a global and qualitative approach to human resources and proposes defining an ‘active life- cycle’, combining training, lifelong learning and the optimisation of formal and informal knowledge and qualifications, including relating to a person's career, from the beginning to the end of a person's working life;
( 1 ) OJ L 145, 19.6.1996, p. 4. ( 2 ) OJ L 14, 20.1.1998, p. 9. 6.8.2009 EN Official Journal of the European Union C 184 E/81
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33. Recognises that the segmentation of the labour market and the increasing prevalence of non-secure forms of work is leading to increased insecurity in old age; considers that Member States need to examine and exchange ideas on best practices as regards maintaining social contributions throughout the life-cycle in order to strengthen security in old age;
34. Considers that the measures envisaged having regard to demographic change must take account of the increase in productivity of all the working population, thus not only the ration of economically active to economically non-active people is significant but also the increase in productivity;
35. Calls for an in-depth dialogue with the social partners, business, academia, non-governmental organ isations and the media in order to prepare for these demographic changes; stresses that future productivity gains will depend chiefly on investment in research and development and in technological innovations, and insists on the vital need for companies to anticipate their skills requirements through forward-looking management of jobs and careers and, through investment in lifelong learning, to assist employees in upgrading their skills;
36. Calls for practical initiatives designed to enable older people to work longer if they so wish, so that they can pass on their particular work experience to young people, other workers and employers;
37. Encourages investment in education and training, including the use of new technology, in order to raise the level of basic training for everyone, which will ensure that they are able to adapt in the future and acquire new skills through lifelong learning, as well as the development of measures to help young people with their initial integration into the labour market and older people and vulnerable groups with their reintegration in order to provide genuine career support throughout their working lives;
38. Suggests, on the basis of free collective bargaining or in consultation with works councils — in accordance with traditions of Member States — a cutback as soon as possible in companies resorting to early retirement, and calls on the Member States to promote the role of older workers and encourage their employment; acknowledges, however, that for older workers (those older than the minimum retirement age) who may no longer desire full-time occupation, the feasibility of part-time work, flexible working hours, distance working or job-sharing might be explored, as an innovative form of gradual retirement and limiting its stressful effects;
39. Considers that the time has come to address the issue of ‘pensioners' stress’, namely the feelings of dejection, uselessness and nihilism experienced by workers a few days after retirement, when they perceive themselves to be useless, abandoned, alone and without a future;
40. Calls upon the Commission and the Member States to propose incentives which will make it easier for young people to enter the employment market, for example by encouraging workers who have reached retirement age to act as mentors for young workers and by introducing job-sharing and part-time working, with a view to facilitating the hand-over from one generation to the next;
41. Calls for a thorough reform of career management for senior employees, who are currently penalised from the age of 50 by discrimination on recruitment, inadequate access to training, particularly in new technology, the absence of recognition of acquired experience and the rarity of professional advancement; recalls that age bars in relation to skills training are discriminatory and calls on Member States to highlight this to employers and training providers; to that end, calls for the effective transposition and implemen tation of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation ( 1 ), which prohibits discrimination on the basis of age in training and employment, as soon as possible; considers that beyond the question of access to skills, older workers often need help in the more personal areas related to work such as interview technique, confidence building and curriculum vitae writing, calls on Member States to consider specific employment advice for older workers and to set up more government programmes aimed at employing senior citizens; calls upon the Commission to monitor and take action against Member States in which legislation continues to discriminate on the basis of age or disability;
( 1 ) OJ L 303, 2.12.2000, p. 16. C 184 E/82 EN Official Journal of the European Union 6.8.2009
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42. Calls upon the Commission to monitor and take action against Member States in which legislation continues to discriminate on the basis of age and disability, thus infringing the treaties and the Charter of Fundamental Rights of the European Union, which, from 1 January 2009, will be legally binding throughout the European Union, so that the Member States concerned repeal such legislation without delay;
43. Calls on the Commission to collect aggregate statistical data on particular age groups according to the different problems faced and the wide spectrum of discrimination on the grounds of age;
44. Recalls that older people are not a homogenous group; highlights, in particular, that older women and older people from ethnic minorities may face multiple discrimination;
45. Stresses that part-time work is a useful step towards re-entering the labour market; encourages Member States to support particularly smaller firms in the promotion of part-time and flexible working practices; reemphasises the positive value of part-time work for older workers, who may no longer desire full-time occupation;
46. Calls on Member States to promote the role of older workers within the labour market by high lighting the benefits of employing such workers and encouraging employers to adopt flexible working practices which encourage them to engage in the labour market;
47. Asks the Commission to conduct a study based on gender-disaggregated data on tax benefits and existing barriers related to employment with a focus on the ageing population;
48. Urges the Commission and Member States to improve access to learning throughout working life;
49. Recalls that the principle of a statutory retirement age is one of the achievements of the European social model and a guarantee that working life is not compulsorily extended beyond a reasonable limit;
50. Recalls that retirement is a right which each employee may claim from the legal age of retirement as established by each Member State, in consultation with the social partners, with due respect for national traditions;
51. Highlights the massive disparity in average occupational pension between men and women due to career breaks taken to care for children or elderly relatives; calls upon the Member States to take action in order to ensure that taking maternity or parental leave no longer constitutes a penalty when pension entitlements are calculated; urges the Member States to envisage bonuses to be added to pensions on the basis of the number of children raised, and to recognise the role of the carer in society;
52. Calls on the Member States to take the steps required to modernise social security and welfare systems, including pension schemes, in order to make them financially viable and enable them to cope with the effects of population ageing; maintains that special attention should be focused on the situation of elderly women, who are more vulnerable to isolation and poverty;
53. Calls on the Commission to draw up a comparative study by Member State of the different pension and social security schemes for women in order to identify best practices for increasing women's employment and facilitating the combination of family life and work;
54. Urges the Commission and the Member States to focus urgently on employment support for older workers given the planned rise in the state pension age in many Member States; 6.8.2009 EN Official Journal of the European Union C 184 E/83
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55. Believes, however, that people over the legal age of retirement today have a better life expectancy and higher quality of life than ever before and that the Member States should, in consultation with the social partners and with due respect for national traditions, promote and not prevent the establishment of rules and conventions enabling the prolongation, voluntarily on the worker's part, of working life after the legal age of retirement established by each Member State; encourages the Commission to continue to conduct comparative studies on the variety of pension schemes in the Member States and the economic and social impact of the reforms envisaged in the Member States;
56. Calls on the Member States to develop measures to enable women to reconcile work and profes sional advancement with their family obligations and to combat the discrimination and stereotypes which continue to affect them on the labour market and in education; recalls the principle of equality between men and women and the European social model's inviolable principle of equal pay for equal work at the same workplace;
57. Therefore calls for employment law measures finally to end this form of discrimination, especially the gender pay gap, and for the gender perspective to be taken into account in public budgets;
58. Recalls that a good work environment is an important factor for productivity; calls on the Member States to promote actions in the workplace that reduce the risk of harm to ageing workers, including interventions to improve the psychosocial and physical work environment, changes to work content and organisation, improving the general health, well-being, and work ability of workers, and increasing the abilities and professional competence of workers; calls on enterprises to invest in the prevention of accidents at work, occupational health, hygiene and social dialogue;
59. Underlines that it is essential that the workplace be made accessible and thus safe for older workers and workers with disabilities through the provision of reasonable accommodation and special equipment adapted to their individual needs and requirements; also stresses that an accessible environment enables older people to pursue an autonomous life, hence saving public money spent on institutional care;
60. Calls for Member States to introduce the right to ask for flexible or part-time work which applies not only to parents but also to older workers who may in turn have care responsibilities;
61. Emphasises the role of the small and medium-sized enterprises as key job generators in the European Union;
62. Notes that the service sector is the largest employer of women, immigrants and older workers, calls for the urgent completion of the internal market for services;
The challenge of solidarity between the generations and regions
63. Recalls that the principle of solidarity between the generations, a principle of excellence of the European social models, is based on working people covering the replacement incomes and social security and health costs of those who are not working (children, young people, dependants and the elderly); insists that the principle of solidarity should be maintained notwithstanding the foreseeable demographic imbalance;
64. Stresses the importance of active intervention by public authorities, in particular through the provision of SSGIs, to help families and young children and also to provide facilities and care for old people and all dependants; calls on the Commission to guarantee the legal security of SSGIs in Community law guaranteeing universal access and the solidarity principle;
65. Stresses the importance of sharing of information and best practices among Member States on how health systems can prepare for the increased demand of an ageing population; particularly in light of the fact that an ageing population will have a strong upward impact on public spending on health care, as disability and illness rises sharply at older ages especially amongst the very old (over-80s) which will be the fastest growing segment of the population in the decades to come; C 184 E/84 EN Official Journal of the European Union 6.8.2009
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66. Calls upon the Member States to take stronger action to combat the non-payment of taxes and social security contributions, in order to ensure that pension schemes are viable; considers that the Member States should introduce active, effective employment policies and urges them to offer flexible schemes and scope for personal choice as regards the timing of retirement (beyond the minimum age) by means of incentive schemes aimed at workers who decide to remain active for longer;
67. Points to the huge contribution made by the elderly to social cohesion and the economy as well as to the fact that their active participation in family and inter-generational relationships enhances the redis tribution of resources within the family circle; further considers that their voluntary activities should be facilitated and encouraged; considers, finally, that their consumption of goods and of leisure, care and welfare services is an expanding economic sector and a new source of wealth known as ‘grey gold’; calls, therefore, on the Member States to promote and develop the economic and social participation of elderly people, paying particular attention to their physical well-being and the quality of their social and financial living conditions;
68. Calls on the Member States to promote the role of the elderly in order to maintain solidarity between the generations, and, in combination with partners at local level, to facilitate their participation in voluntary activities of an educational, cultural or entrepreneurial nature;
69. Highlights the importance of voluntary work as a pathway for many people re-engaging in the labour market, encourages governments to make it easier for older people to engage in voluntary work whilst receiving benefits;
70. Recalls that SSGIs (covering, in particular, care, health and bringing up young children) make it easier for parents to enter the employment market and help to combat poverty, especially in the case of one- parent families; firmly believes such services to be essential if the European Union is to respond to demo graphic challenges; considers, furthermore, that by creating jobs, SSGIs stimulate local and regional economic development and increase the European Union's competitiveness; from this point of view, considers that services of general economic interest (SGEIs) must be identified and the impact which they have in social and economic terms must be assessed; calls for quality indicators to be established in order to enable progress towards the Barcelona objectives to be measured; points out that SGEIs intended for the elderly and for dependents must receive the same attention and the same treatment;
71. Stresses that in declining regions, the voluntary sector and social networks make a significant contribution to meeting the needs of local people but cannot replace the essential role played by the public authorities in providing SGIs in the regions; considers that this active citizenship must be recognised and the bodies involved supported as regional policy partners; stresses that this sets in motion learning processes that enable a region to meet the challenges of demographic change;
72. Encourages the Member States and regional authorities to make use of the Structural Funds to this end and calls on the Commission to support, within the framework of Territorial Cooperation (under Article 7(3) of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund ( 1)), the exchange of experiences between regions in which the ‘silver economy’ already plays a major role or where it will do so in future;
73. Calls for a wide-ranging debate on the right to a decent retirement for all as a condition for solvency, dignity and social inclusion of the elderly; recalls the huge contribution older people make to social cohesion through volunteering and caring;
74. Calls on the Member States to enter into a coordinated debate on possible reforms likely to ensure the sustainability of pension and social security systems and, as part of those reforms, to introduce arrangements ensuring that periods of maternity and parental leave taken by women count towards their pension entitlements;
( 1 ) OJ L 210, 31.7.2006, p. 25. 6.8.2009 EN Official Journal of the European Union C 184 E/85
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75. Calls on Member States that are not already investigating the relationship between the awarding of pensions and incentives to work, particularly as regards flexible working, to consider this issue in order to remove disincentives to working;
76. Notes that the ageing of European society covers substantial regional inequalities; notes that, as national data on demographic changes mask differing local and regional realities, it is sometimes hard to identify needs for infrastructure and financial transfers from central government; calls on the Commission to help improve the quality and reliability of data and statistics on demographic trends, and calls on the Commission and the Member States further to accelerate the process of freedom of movement for all workers within an enlarged European Union even before 2014;
77. Encourages the Member States to maintain a budgetary balance between revenue and expenditure in the various pension schemes, with due respect for the principle of subsidiarity, and commends the Member States which set aside budgetary appropriations each year for the payment of future pensions;
78. Notes that the impact of demographic change on individual regions is serious and requires different adjustment strategies depending on whether the region concerned is a region of migration or of shrinking population; notes that quality of life is defined differently in regions of shrinking population, which are mostly rural regions, from the way in which it is defined in regions with a growing population, and therefore considers that different support strategies are needed;
79. Calls on the Commission and the Member States to take into account the generational dimension when considering solidarity between the regions of Europe and the major territorial impacts of the differing demographic trends at work within the European Union; stresses that these impacts are important in terms of housing and infrastructure, particularly in urban areas which are likely to experience higher numbers of elderly people and higher concentrations of immigrant communities; stresses also the specific needs, at local level in regions with ageing populations, for investment in local services so as to take account of the needs of elderly people and enable them to lead an independent life for as long as possible; proposes that the allocation of structural funds and the opportunities offered by the European Social Fund in order to make local social capital available for services should take account of those investment needs; calls for these opportunities to be retained after 2013; points out that regions experiencing net outward migration need to take measures to maintain a natural population mix through investments to promote employment, training and access to public services;
80. Proposes to the Commission that it should promote, as part of territorial cooperation, EU-wide networks in which regional and local authorities and civil society actors can learn from one another about tackling the problems resulting from demographic change;
81. Encourages Member States to promote intergenerational projects, where older people work with younger people to share skills and gain new expertise, calls on the Commission to facilitate the exchange of good practices in this area;
82. Calls on the Member States to assist regions of net emigration by guaranteeing a high level of SGIs (e.g. education including pre-school and child care, welfare and health services, postal services) and accessi bility (e.g. of public transport, transport infrastructures and telecommunications networks) and to safeguard economic participation and skills (e.g. through training including methods of lifelong learning and use of and investment in new technologies); calls for the practical framework for fulfilment of these tasks to be adapted to local needs and local actors and to improve their adaptability; draws particular attention to the situation of islands, border areas, mountainous regions and other areas remote from centres of population;
83. Welcomes the proposal for the establishment of a European integration fund; calls on the competent national, regional and local authorities responsible for drawing up and managing cohesion and rural development policy to work even more closely together to encourage people to move to rural regions with a shrinking population, by improving the living and working conditions in those regions; C 184 E/86 EN Official Journal of the European Union 6.8.2009
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84. Welcomes the fact that, in its fourth report on social and economic cohesion, the Commission identified the growing demographic imbalance as one of the challenges it faces; awaits with interest the results of the social consultations and the definition of the role of regional policy in combating the adverse effects of demographic change in the next programming period;
85. Reminds Member States of the multiple disadvantages that carers, particular older carers, experience; suggests that more support should be offered to these groups to enable them to overcome multiple obstacles to employment;
86. Considers that in deprived urban districts, suburban and rural areas demographic trends are likely to experience depopulation with a decisive impact on housing and infrastructure;
87. Calls on the Member States to increase the availability of proper housing for families, especially for one-parent families and elderly people, for example by means of ‘intergenerational projects’, in connection with urban development and town planning;
88. Stresses that global demographic imbalances risk accentuating development inequalities and migratory pressures; calls on the Commission and the Member States to include those elements in their immigration policies with a view to co-development;
The challenge of integrated immigration
89. Notes that the use of immigration is, and will continue to be, one of the elements in the European Union's demography and could be a positive contribution from an economic, social and cultural point of view; calls, therefore, on the Commission, the Member States and the social partners to develop a clear and reasoned approach to immigration in order to counter xenophobic or racist opinions and attitudes and promote the full and effective integration of migrants into society;
90. Recognises, however, that immigration particularly offers regions experiencing net outward migration the opportunity to stem the negative impact of demographic change, and calls, therefore, on the Member States to recognise the integration of migrants as a strategically important policy measure;
91. Considers that integration policies should be strengthened in the Member States so as to facilitate the establishment of migrants in the European Union; therefore welcomes Council Decision 2007/435/EC of 25 June 2007 establishing the European Fund for the Integration of third-country nationals for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ ( 1) and trusts that it will contribute to facilitating the social and economic integration of migrants in the European Union;
92. Stresses the need for immigration policies to be laid down and to be coordinated among the Member States by ensuring that immigrants enjoy the same living and working conditions; calls upon the Commission to consider a strategy and specific measures relating to economic immigration and to submit them as soon as possible;
93. Stresses the need to improve coordination of the Member States' immigration policies to ensure that immigrants are better integrated into society and into the formal economy and that they receive legal and social security (including pension entitlements); calls on the Member States to fight resolutely against human trafficking and to penalise employers who employ and/or exploit illegal workers; welcomes the European initiative against illegal working and the exploitation and the undignified conditions in which illegal migrants live;
94. Recognises the specific role of cities in this regard, as most immigrants settle in cities, and underlines the need for the Commission and Member States to take into account the impact on cities of immigration policies and to involve them closely in the shaping and implementation of policies related to immigration; notes with interest the ‘Integrating Cities’ process launched in 2006 by the Commission and Eurocities and the Milan Declaration on integration signed on 6 November 2007 to ensure the continuation of dialogue on the implementation of the common basic principles on integration at city level;
( 1 ) OJ L 168, 28.6.2007, p. 18. 6.8.2009 EN Official Journal of the European Union C 184 E/87
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95. Emphasises, that legal migration inside the European Union should be advantageous for migrants and should not constitute a disadvantage for the countries of origin; encourages the Member States to improve their integration measures for immigrants;
96. Welcomes the initiative by the Commission and the Member States of taking into account the global dimension of immigration and the consequences of economic migration to the European Union for the development of the migrants' countries of origin; stresses the need to take into account the risk of ‘brain drain’ from the country of origin; calls on the Commission and Member States to develop effective measures, together with the third countries concerned, to counter this phenomenon;
97. Insists that the human dimension of immigration should not disappear beneath strictly economic considerations and that the choice of family integration should remain a possibility for migrants who so wish; calls for close cooperation between European immigration policies and those on employment, social affairs, education and the regions;
98. Recalls that financial remittances from immigrants in Europe constitute a highly significant method of financing the lives of older people in developing countries;
99. Points out that immigration policy must be geared to anti-discrimination and aim for a higher degree of legal, social and societal equality, both for migrants already in Europe and those to come in the future;
100. Considers that family members accompanying immigrant workers should be given residence permits and, where appropriate, work permits;
101. Points to the important role of migrant women and calls on the Member States to accord them the place that they deserve in integration policies and fully to guarantee their rights;
102. Calls on the Member States to include on the agenda of a future summit an exchange of views on demographic changes and recognised good practices in fields such as active ageing, young people's employment, family policy and the integration of migrants;
103. Welcomes the Commission's undertaking to present a status report every two years in conjunction with the European Demographic Forum; hopes that that report will also assess the impact of policies put in place by the Member States in the areas concerned; endorses the Commission's intention to include every two years in its report a chapter on infertility, as well as a chapter on the European Union's preparations for demographic change; encourages the Commission to set up a system of indicators for monitoring and analysis of demographic developments in the different Member States and in the European Union;
104. Notes that the demographic future of Europe creates new problems as regards democratic mech anisms and the channels through which the voice representing the multiplicity of Europe's components can make itself heard and exert influence in political decision-making; considers that the crucial issue in an ageing society is that of the political representation of minors, who represent the common future, and hence the political future, of the community yet currently have no voice and exert no influence on decision- making; considers that, for a variety of reasons, immigrants — both adults and children — cannot easily make themselves heard and that giving a voice and political representation to social groups, in particular minors, that currently have none, is a crucial issue which calls for a thorough, wide-ranging debate;
105. Encourages the Commission and the Member States to increase awareness among EU citizens of the demographic challenges in Europe, inter alia by conducting campaigns and pilot projects on the issue;
* * *
106. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. C 184 E/88 EN Official Journal of the European Union 6.8.2009
Thurday 21 February 2008 Scientific cooperation with Africa
P6_TA(2008)0067
European Parliament resolution of 21 February 2008 on the importance of supporting measures to improve international scientific cooperation with Africa
(2009/C 184 E/13)
The European Parliament,
— having regard to the recent EU-Africa Summit of 8 and 9 December 2007, the EU-Africa Strategic Partnership and the EU-Africa Action Plan (2008-2010),
— having regard to its resolution of 31 January 2008 on the European Research Area: New Perspectives ( 1 ),
— having regard to the role of energy technology in the battle against climate change,
— having regard to Rule 103(2) of its Rules of Procedure,
1. Acknowledges the increasing trend among policy-makers in Africa to prioritize science and technology (S&T) and innovation for development;
2. Recognises the valuable contribution of the New Partnership for Africa's Development (NEPAD), its S&T consolidated plan of action and the S&T programmes of the African Union, and calls for a better implementation and fuller development thereof and for the relevant measures to be improved;
3. Underlines the need to increase the involvement of African scientists in international collaborative science and research and development (R&D) projects in order to keep and develop R&D knowledge in Africa, in particular in specific sectors such as food, health and energy;
4. Recalls the special relevance of neglected diseases within the 7th Research Framework Programme for research, technological development and demonstration activities ( 2), and considers that special emphasis should be placed on research into HIV/AIDS in African countries;
5. Calls for the reinforcement of existing research infrastructure in accordance with the indications of the African Union and the African scientific community, including the NEPAD Office for Science and Tech nology, the programmes of the African Union and R&D projects, in particular in specific sectors such as food, health and energy;
6. Urges the Member States to promote S&T cooperation with Africa that will rapidly secure genuine and comprehensive development of the knowledge and technologies in the African countries themselves;
7. Notes that scientific progress contributes to the economic and social development envisaged in the Millennium Development Goals; calls in particular on the EU to place climate change at the forefront of its S&T cooperation with Africa, tapping primarily into the huge renewable energy sources available in Africa, with particular reference to solar energy;
8. Urges the Member States to promote knowledge and technology transfer between the EU and Africa, along with R&D projects, under a new coherent framework for action to achieve immediate and long-term goals for sustainable development, and develop policy and resources accordingly;
( 1 ) Texts Adopted, P6_TA(2008)0029. ( 2 ) OJ L 412, 30.12.2006, p. 1. 6.8.2009 EN Official Journal of the European Union C 184 E/89
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9. Calls on the EU and the Member States to ensure greater consistency between the EU's international S&T policy and the basic needs of African countries, thus leading to the development of a new global framework for science and diplomacy with Africa;
10. Instructs its President to forward this resolution to the Council, the Commission, the parliaments of the Member States and the United Nations.
4th report on cohesion
P6_TA(2008)0068
European Parliament resolution of 21 February 2008 on the fourth report on economic and social cohesion (2007/2148(INI))
(2009/C 184 E/14)
The European Parliament, — having regard to the Fourth Report on Economic and Social Cohesion (COM(2007)0273) (‘the Fourth Cohesion Report’), — having regard to the Commission communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled Strategy for the Outermost Regions: Achievements and Future Prospects (COM(2007)0507), — having regard to Articles 158, 159 and 299(2) of the Treaty establishing the European Community, — having regard to the Territorial Agenda of the EU, the Leipzig Charter on Sustainable European Cities and the First Action Programme for the Implementation of the Territorial Agenda of the European Union, — having regard to the report by the European Spatial Planning Observatory Network (ESPON) entitled Territorial Futures — Spatial scenarios for Europe and that of the European Parliament Regional Disparities and Cohesion: what Strategies for the Future?, — having regard to the opinion of the Committee of the Regions (COTER-IV-011) of 28 November 2007 and that of the European Economic and Social Committee (CESE 1712/2007) of 12 December 2007 on the Fourth Cohesion Report, — having regard to its resolution of 23 May 2007 on the impact and effects of structural policies on EU cohesion ( 1), — having regard to its resolution of 12 July 2007 on the role and effectiveness of cohesion policy in reducing disparities in the poorest regions of the EU ( 2 ), — having regard to Rules 45 and 112(2) of its Rules of Procedure, — having regard to the report of the Committee on Regional Development and the opinions of the Committee on Budgets and of the Committee on Fisheries (A6-0023/2008), A. whereas a comprehensive European cohesion policy continues to be made necessary by the persistence of major disparities and specific structural problems in numerous European regions, a situation that has been aggravated by the recent enlargement of the Union, B. whereas the EU's cohesion policy thus remains an essential pillar in the process of European integration, and plays an active role in reducing disparities and development deficits,
( 1 ) Texts Adopted, P6_TA(2007)0202. ( 2 ) Texts Adopted, P6_TA(2007)0356. C 184 E/90 EN Official Journal of the European Union 6.8.2009
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C. whereas there is a clear link between rising Euro-scepticism and the increase in territorial disparities between regions and within regions, which demonstrates the need for economic, social and territorial cohesion in order to strengthen convergence and give a firm basis to the legitimacy of the European Union, which is achievable through a regional policy that is visible on the ground; whereas regional and local authorities and local actors have a central role to play in bringing the EU's activities closer to the people and in implementing regional policy, whose achievements should be publicised more effectively,
D. whereas, having regard its added value, cohesion policy offers every region the possibility of concrete benefits in terms of long-term employment and higher living standards for local populations, particularly in regions that are lagging behind, and contributes to strengthening competitiveness and administrative capacity and ensuring decentralised management; whereas, in the light of this, any attempt to renationalise this policy must be rejected,
E. whereas the Treaty of Lisbon, which was approved by the Heads of State and Government on 18 October 2007 and signed on 13 December 2007, enshrines territorial cohesion among the fundamental objectives of the Union, alongside economic and social cohesion,
F. whereas increased financial resources for cohesion policy must be guaranteed in the future in order to deal with the anticipated new challenges, which have an important territorial impact, such as demo graphic change, urban concentration, segregation, migratory movements (which are particularly prob lematic for rural and peripheral areas), adjustment to globalisation, climate change, energy supply, and the slow catch-up process of rural areas; whereas these challenges can be dealt with only if the great significance of cohesion policy is recognised for this purpose in the future;
Contrasting data on the state of cohesion in the European Union of 27 Member States
1. Welcomes this report, which is more detailed than previous ones, is based on diverse indicators and gives useful comparative data for other countries such as the United States, Japan, China and India, reflecting the international context in which EU economies operate;
2. Regrets, nevertheless, the lack of cross-data and comparable data from different NUTS levels, which would give a better insight into the sustainability of growth and convergence; calls, therefore, for better statistical tools — like the new indicators (in addition to per-capita GDP) that were successfully employed in the Fourth Cohesion Report — which would allow the degree of economic, social and territorial cohesion on the ground to be measured more accurately, as well as the concrete contribution of local actions to cohesion policy; takes the view that, in order to achieve this, ESPON's capacity will have to be increased;
3. Points to the delays in taking up structural appropriations in Member States and calls for measures to improve the situation; notes however that it is too early to evaluate the results of cohesion policy in the new Member States; welcomes all efforts to enhance the effectiveness of cohesion policy and to reduce excessive bureaucracy and calls for a systematic assessment of this policy; reiterates its strong support for the European Transparency Initiative launched by the Commission, which will identify the recipients of structural funding from 2008 onwards;
4. Welcomes the fact that the former cohesion countries, namely Greece, Spain, Portugal and Ireland, have caught up remarkably well, recording impressive growth rates during the period 2000-2006, but points out that, in spite of their growth, there are still major imbalances between their regions and deep-seated structural problems;
5. Welcomes the high growth rates recorded in the new Member States but notes that their economic convergence is to be expected only in the medium or long term and that it will be a long process because of the very low GDP per capita starting point in some of these countries,
6. Welcomes the reaffirmation by the Commission of the important role played by cohesion policy in strengthening the ability of all Member States to develop harmoniously and create new and viable jobs, as evidenced by the excellent results of cohesion policy in many Objective 2 regions; 6.8.2009 EN Official Journal of the European Union C 184 E/91
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7. Is concerned that the convergence among countries very often masks the widening gaps between regions and within individual regions; notes that this widening of regional and local disparities can be observed in a number of areas, in terms of employment, productivity, income, education levels and innovation capacity; stresses also the role of territorial cooperation in helping to overcome these problems;
8. Points out, for example, that the competitiveness of the regions depends to a great extent on productivity, on the accessibility of markets and on the level of qualification of the work force, which varies significantly more among regions than among Member States; notes furthermore that institutional factors are increasingly seen as key elements in competitiveness, such factors including the endowment of social capital in the form of business culture and shared norms of behaviour which facilitate cooperation and enterprise and also the efficiency of public administration;
9. Notes in this connection that some developed regions and even some less developed regions are beginning to experience multiple problems having strong territorial impact in terms of development potential: low economic growth rates, falling productivity and employment, and ageing populations,
10. Notes that, while high growth rates have enabled certain Member States to reach full employment and increase their per-capita GDP, in other countries the differences between individual social groups have widened, meaning that the most vulnerable sections of the population still require social integration;
11. Points to weak convergence in terms of education levels, and a genuine educational gap between the European Union and the United States, where 29 % of people aged between 25 and 64 have a university degree, compared with barely 16 % in the European Union; notes, however, that the number of women with higher-education qualifications is rising faster than that of men;
12. Stresses the importance of integrating gender mainstreaming, equal opportunities and the special needs of persons with disabilities and senior citizens at every stage in the implementation of cohesion policy projects;
13. Emphasises the effect of polarisation in the regions around capital cities — a particularly marked phenomenon in the new Member States — which on average generated 32 % of their countries' GDP, while representing only 22 % of the population; notes that this polarisation can give rise to great disparities among unemployment rates in city centres;
14. Notes that uncontrolled urbanisation can create demographic, economic, social, transport, and en vironmental imbalances within a restricted area and lead to suburbanisation and the depopulation of rural areas that are far from towns; calls therefore on the Commission to specifically address this problem with concrete proposals;
15. Points to regional disparities in terms of accessibility and links between centres and peripheral areas, which is the result of geographical and structural disadvantages, insufficient investment in transport infra structure, as well as failure to diversify potential transport links; points in particular to the substantial obstacles in terms of accessibility for the mountainous and island regions and also the peripheral as well as the outermost regions that lie very far from continental Europe; highlights the need to draw up measures to boost the regional potential and the attractiveness of and sustainable development in these regions;
16. Expresses its great surprise at the Commission's statement in the Fourth Cohesion Report that ‘insularity does not seem to constitute in itself a major obstacle to development’ and notes the strong disappointment of the people of island regions with that statement, for the reason that they are confronted on a daily basis with the negative impacts and difficulties of insularity,
Regional policy and the Lisbon Strategy
17. Points to the enormous differences between countries in terms of the sums invested in research and development, and notes great regional disparities in terms of innovation, which in the Fourth Cohesion Report are measured by a useful indicator of regional performance in terms of innovation; C 184 E/92 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
18. Shares the opinion of the Commission on the leverage effect of cohesion policy vis-à-vis the Lisbon Strategy, which is achieved by virtue of the directing of public investments towards projects that favour the creation of a more dynamic, growth-generating, innovation-stimulating economic fabric based on synergy created by more efficient harmonisation of policies and programmes;
19. Regrets that the innovation potential of small, micro and craft businesses has not been adequately taken into account in implementing cohesion policy, despite earmarking; therefore calls for the implemen tation of an active policy to support all forms of innovation in these enterprises and also invites the Commission to create opportunities for mutual cooperation between businesses, the public sector, schools and universities, in order to create regional innovation clusters, in the spirit of the Lisbon Strategy;
20. Points out that the leverage effect of structural support can be increased through the use of private co-financing; calls for the swift introduction of transparent rules and standard solutions for public-private partnerships that will enable regions to bring private capital to bear in pursuit of public objectives;
21. Points out that compliance with the automatic decommitment principle is essential in order to encourage the financing and rapid implementation of projects by management authorities; insists that the principle of the N+2 rule (and N+3 in the new Member States during the first three years of the 2007-2013 financial framework) should be adhered to;
22. Points out that the delays in implementing structural policy are due in part to the excessive rigidity of procedures and that, consequently, consideration should be given to simplifying those procedures and clearly dividing responsibilities and competences between the EU and the Member States;
23. Notes, with reference to the programming period 2007-2013, that the system of earmarking appro priations will direct 64 % of Objective 1 (convergence) resources and 80 % of Objective 2 (regional competi tiveness and employment) resources towards innovation, representing EUR 55 000 million more than in the previous period; observes that making use of those appropriations hinges on the capacity of the less developed regions to manage research, development and innovation projects in sufficient number and of such quality as will ensure that they are utilised and not diverted towards investments of little value;
24. Calls on the Commission to evaluate the earmarking system and its impact on the evolution of regional disparities and to ascertain whether, in the definition of priorities, this system does not encourage too centralised or ‘top-down’ an approach; hopes that this evaluation will begin with the publication in 2008 by the Commission of the Fifth Progress Report on Cohesion which, it is anticipated, will concentrate on the relation between cohesion policy and the Lisbon Strategy growth and employment priorities for all regions;
25. Stresses that cohesion policy must not favour already dynamic regions, which would happen if there were strict earmarking of appropriations; recalls that, with the entry into force of the Lisbon Treaty, cohesion policy will embrace the three objectives of economic, social and territorial cohesion, which go beyond the Lisbon Strategy;
26. Calls for the Lisbon Strategy to be broadened to include the territorial dimension, allowing char acteristics specific to the regions to be taken into account, while encouraging trans-European synergies and cooperation, with special support for the creation and implementation of broad-based innovative activities;
27. Emphasises that the scope of cohesion policy cannot be confined to meeting the Lisbon Strategy objectives; takes the view that achieving territorial cohesion by means of actions under the convergence objective is a precondition for the long-term competitiveness of regions; considers, therefore, that Objective 1 (convergence), Objective 2 (regional competitiveness and employment) should be treated as complementary in the future, and indeed complementary also with Objective 3 (European territorial cooper ation);
Territorial cohesion: towards an integrated approach
28. Calls on the Commission to include a definition of ‘territorial cohesion’ in the forthcoming Green Paper on Territorial Cohesion (scheduled for September 2008) in order to make further progress in this Community policy; 6.8.2009 EN Official Journal of the European Union C 184 E/93
Thursday 21 February 2008
29. Stresses the importance of real partnership and the implementation of genuinely multi-level governance involving every level — Community, national, regional and local, in consultation with economic and social partners — in defining and implementing regional development objectives, ensuring that the scope of action priorities defined at European level is not narrowed down when they are imple mented at national, regional or local level (‘bottom-up approach’) and in order to avoid any risk of excluding players involved in local development and cohesion, as is often the case with urban policy;
30. Proposes that priority be given to policies that serve a genuinely polycentric development of terri tories, such that the pressures on capital cities are lessened and the emergence of secondary poles is encouraged; considers that support for rural areas and the important role played by small and medium- sized towns located in rural areas should not be overlooked in this connection;
31. Calls also for practical steps to be taken to reduce the disparities between territorially accessible regions and regions with structural disadvantages, namely islands, mountain areas, sparsely populated areas and peripheral and border regions, recognising the disadvantaged position of the latter and taking special and permanent measures to support them; reaffirms its attachment to taking account of the specific handicaps of the outermost regions;
32. Recommends better interlinking of urban and rural issues; emphasises that the development of rural areas should be coordinated with actions implemented in the framework of regional policy; is concerned, in this connection, about the usefulness of a separate approach to cohesion and rural development (via the European Agricultural Fund for Rural Development); calls for a study on the consequences of increasing funding for rural development by means of the mechanisms of compulsory modulation;
33. Warns against the dangers of the sectorisation of policies and favours the development of an integrated approach that identifies the synergies that are possible between cohesion policy and major sectoral policies such as transport, agriculture, fisheries, rural development, environment and energy, research and technology;
34. Calls on the Commission to analyse in its future reports the extent to which different instruments and policies, including cohesion policy, have contributed to the progress achieved in the field of economic and social cohesion; considers that achievements and problems need to be analysed in all important fields, in particular that of the Lisbon Strategy.
35. Expects the discussions on post-2013 cohesion policy to result in regions located on external borders of the Community being given special importance in order to ensure stability and prosperity across borders that will ultimately result in not only the development of EU border regions but also greater cohesion and competitiveness for the Community as a whole.
36. Points out that combating ‘spatial segregation’ and social exclusion, with a view to achieving sustainable and balanced growth, requires the support of a careful housing policy, coming under a broader local development, urban planning and local public service management strategy;
37. Welcomes, in this connection, the adoption of an action programme for the implementation of the Territorial Agenda and the Leipzig Charter to ensure that the territorial dimension is better integrated into all public policies at Community, national and local levels and awaits the practical manifestation thereof; in view of the intended expansion of economic and social cohesion under the Lisbon Treaty to include a territorial component, suitable indicators need to be developed to define the content of territorial cohesion;
38. Welcomes the announcement by the Commission of its forthcoming Green Paper on territorial cohesion, which is expected to be adopted in September 2008, and asks that it include concrete guidelines for the implementation of the integrated approach;
39. Is aware of the importance of regular cooperation between Parliament, represented by its Committee on Regional Development, and the Committee of the Regions on the subject of the future of regional policy; C 184 E/94 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
New challenges for cohesion policy and the general budget of the European Union
40. Takes the view that, in the future, the Union will be increasingly faced with new challenges with a strong territorial impact exacerbating existing obstacles to regional development, such as demographic change, urban concentration, migratory movements (which are particularly problematic for rural and peripheral areas), energy supply and climate issues and adjustment to the changes arising from globalisation, as well as enlargement and neighbourhood policies; stresses in this context the importance of pilot projects relating to the adaptation of regions to these new challenges;
41. Calls for regular analyses of the costs and structural-policy implications of possible future enlargements before the start of any new accession negotiations and hopes that it can play a greater part in the enlargement and neighbourhood policies, with its participation in the shaping of pre- accession instruments to be made binding;
42. Emphasises the seriousness of the problem of depopulation in many parts of the EU, involving as it does the ageing of the population, the loss of human capital, capital flight, more expensive services, and so on;
43. Takes the view that demographic trends can have a major territorial impact, such as the depopulation of certain areas, especially the less developed rural areas, accompanied by urban concentration and an ageing society, or the development of the residential economy in others, which requires the development of specific innovative strategies to resolve their problems, necessitating a particular effort to maintain services of general economic interest and ensure a high standard of universal services;
44. Notes that climate change will have variable repercussions, in particular in terms of more frequent and severe natural disasters, such as forest fires, droughts and floods, which will call for responses that differ from one region of the EU to another and which the regions must tackle by reviewing and adapting their sustainable development strategies for achieving the EU's objective of cutting CO2 emissions; believes that EU cohesion policy should be ‘climate-friendly’, but recalls that the possibilities open to cohesion policy in this area are limited; takes the view that fighting climate change should also be addressed under other Community policies;
45. Recalls also within the framework of the formulation of an effective global policy to provide protection from natural disasters the importance of adopting the proposal for a regulation of the European Parliament and the Council establishing the European Union Solidarity Fund (COM(2005)0108), which provides a more timely and adequate response to natural disasters of regional scale, which are often devastating in certain regions because of their geographical situation;
46. Takes the view that the issues of energy supply and increasing energy prices can have major spatial implications for territories as a result of the strong energy dependence of most Member States, particularly in rural, mountain, island, very remote as well as outermost regions because of their dependence on transport, which is highly sensitive to energy costs; points out that the development of renewable energy sources and investment in energy efficiency and in decentralised supply units could offer local and regional development opportunities;
47. Reiterates its request relating to the reutilisation of unspent appropriations, under the N+2 or N+3 rule applicable to cohesion policy, with a view to maximising the scarce resources available;
48. Takes the view that retaining cohesion policy after 2013 is an appropriate response to these new challenges, that this policy must be applied in a differentiated way to the whole of the Union's territory; takes the view that cohesion policy should remain a Community policy in accordance with the Treaty and the solidarity principle, and rejects, therefore all attempts to renationalise this policy; 6.8.2009 EN Official Journal of the European Union C 184 E/95
Thursday 21 February 2008
49. Takes the view that cohesion policy needs to be further reinforced in the future, and that its added value should be more strongly highlighted; calls, therefore, for sufficient financial resources to be allocated to cohesion policy at Community level; calls for the revision of the financial framework to be used as an opportunity to define the budgetary resources needed to meet all of the Union's cohesion policy challenges;
* * *
50. Instructs its President to forward this resolution to the Council and the Commission.
The Territorial Agenda and the Leipzig Charter
P6_TA(2008)0069
European Parliament resolution of 21 February 2008 on the follow-up of the Territorial Agenda and the Leipzig Charter: Towards a European Action Programme for Spatial Development and Territorial Cohesion (2007/2190(INI))
(2009/C 184 E/15)
The European Parliament, — having regard to the Territorial Agenda of the EU (‘the Territorial Agenda’) and the Leipzig Charter on Sustainable European Cities (‘the Leipzig Charter’), which were both adopted at the Informal Council of Ministers responsible for spatial planning and urban development held in Leipzig on 24 and 25 May 2007, and the First Action Programme for the Implementation of the Territorial Agenda of the European Union, adopted at the Informal Council of Ministers responsible for spatial planning and development held in Ponta Delgada (Azores) on 23 and 24 November 2007 (‘the First Action Programme’), — having regard to the Fourth Report on Economic and Social Cohesion (COM(2007)0273) (‘the Fourth Cohesion Report’), — having regard to the European Spatial Development Perspective, adopted at the Informal Council of Ministers responsible for spatial planning held in Potsdam on 11 May 1999, — having regard to the results of the European Spatial Planning Observatory Network (ESPON) 2006 Programme, — having regard to the proposed ESPON 2013 Programme, — having regard to Articles 158 and 159 of the Treaty establishing the European Community, — having regard to Rule 45 of its Rules of Procedure, — having regard to the report of the Committee on Regional Development (A6-0028/2008), A. whereas territorial diversity, polycentrism and compact cities are essential structural characteristics of the territory of the European Union, B. whereas the majority of Union citizens now live in cities, C. whereas the current challenges facing spactial development in the European Union include climate change, urban sprawl and land development, energy consumption, transport infrastructures, demographic change, including the depopulation of rural areas and other regions of the EU, the impact of enlargement on social, economic and territorial cohesion and the uneven regional effects of globalisation, including the widening gap between rich and less prosperous regions, as well as the unequal development of urban and rural areas combined with structural change; C 184 E/96 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
D. whereas the objectives set out in the Territorial Agenda are the establishment of a polycentric, balanced urban system and the creation of a new urban-rural relationship, the formation of innovative regional clusters, ensuring parity of access to infrastructures and knowledge, the promotion of trans-European risk management, sustainable development, forward-looking management and conservation of the natural and cultural heritage,
E. whereas the objectives set out in the Leipzig Charter are making greater use of integrated urban development policy approaches by creating and ensuring high-quality public spaces, modernising infra structure networks and improving energy efficiency, promoting proactive innovation and educational policies and — particularly in deprived neighbourhoods — promoting sustainable, efficient and affordable urban transport, pursuing strategies for upgrading the physical environment, strengthening the local economy and local labour market policy, and proactive education and training policies for children and young people,
F. whereas spatial planning is the proper instrument for the guidance of land use and settlement structure in the Member States and their regions and cities, and for determining quality of life and development opportunities on the ground,
G. whereas, in addition to cohesion policy as an instrument for strategic governance, other measures are needed to achieve the objectives of the Territorial Agenda and the Leipzig Charter, particularly spatial impact assessments, the integrated approach and spatial planning observation,
H. whereas, in addition to cohesion policy, rural development policy has significant spatial impact; whereas there is insufficient integration of these two policy areas and therefore a need for enhanced synergies that will reveal real development potential and boost the attractiveness and competitiveness of rural areas, something which would help in combating rural depopulation,
I. whereas the quality of public space and of the natural, cultural and architectural environment plays an important role in the quality of life of people living in urban and rural areas and are crucial ‘soft’ location factors,
J. whereas creativity and innovation are crucial resources in the transition to a globalised knowledge society; whereas, therefore, the development of creativity potential on the ground is key to the success of sustainable spatial and urban planning,
K. whereas ‘Baukultur’ (the culture of a high quality built environment), that is to say the sum of cultural, economic, technological and environmental aspects influencing the quality and process of planning and building, is an essential component of integrated urban development,
L. whereas the integrated approach implies that the projects developed should constitute a coherent long- term plan incorporating the economic, social and environmental dimensions and fully involving key partners in the planning, execution and evaluation of urban development programmes;
M. whereas an integrated approach to the territorial dimension of cohesion does not consist only of land planning and urban development actions and policies, because the ultimate objective is to ensure a balance between Union citizens wherever they live, an aim which cannot be achieved solely through land planning,
1. Considers that the objectives of the Territorial Agenda and the Leipzig Charter can only be achieved by pursuing a comprehensive, cross-sector, holistic development strategy to put the integrated approach into practice;
2. Proposes, in the context of the mid-term review of cohesion policy, and with an eye to post-2013 cohesion policy, that the implementation of an integrated approach should be a binding requirement for programme planning and project selection under the Structural Funds; to that end, calls on decision-makers to undertake voluntarily to implement new cooperation methods;
3. Welcomes the decision of the EU ministers responsible for urban development, taken at their informal meeting in Leipzig on 24 and 25 May 2007, to set up an intergovernmental working party, chaired by Germany, to identify and elucidate various issues relating to the implementation of the Jessica initiative; 6.8.2009 EN Official Journal of the European Union C 184 E/97
Thursday 21 February 2008
4. Welcomes the creation of a Commission inter-service group dealing with suggestions for the imple mentation of the integrated approach and calls on the Commission to work in close cooperation with all social, environmental and economic partners and to ensure their involvement in all decisions relating to territorial cohesion; asks the Commission to keep Parliament informed about the progress of this work;
5. Calls for particular attention to be paid, in the shaping of post-2013 cohesion policy, to spatial characteristics and needs and to region-specific treatment based on these factors; recommends the use of implementation-oriented planning tools, as mentioned in the Leipzig Chapter, based on research and permanent monitoring;
6. Calls on the Commission and Council, in the context of the mid-term review of cohesion policy, to make better use of synergies with the European Agricultural Fund for Rural Development for the devel opment of the territory as a whole; recommends, with an eye to post-2013 cohesion policy, close co ordination between cohesion policy and rural development policy, in order to enhance the opportunities for improving the quality of life in rural areas;
7. Notes that it is not only metropolitan regions that have innovation potential, and that some relatively remote and rural areas are in the forefront of achieving the objectives of the Lisbon Strategy; urges the Commission to look more closely at the success factors of these areas with a view to creating a development model for small and medium-sized towns in rural areas;
8. Stresses the importance of partnership and of the sharing of functions between urban and rural areas for the balanced and sustainable development of the territory as a whole; calls on urban and rural au thorities in cooperation with all public and private stakeholders to identify their common assets and produce joint regional and sub-regional development strategies in order to secure better living conditions and quality of life for all citizens of the Union; calls on the forthcoming presidencies to hold informal meetings of the ministers responsible for territorial planning and urban development to address these issues;
9. Calls on the Commission and Council to take the Territorial Agenda and the Leipzig Charter into account in their review of the general budget of the European Union, and to make qualitative adjustments to enable territorial cohesion targets to be incorporated more effectively into EU policies; considers that legislative measures need to be taken in the next few years to achieve this;
10. Calls on the Council, on reviewing the Lisbon and Göteborg strategies (sustainable development strategy) at the 2008 Spring summit, to define territorial and urban policy interests as objectives;
11. Urges the Member States to take swift action to achieve the goals of the Territorial Agenda and implement the Leipzig Charter;
12. Calls on the Council and the Member States, in a spirit of true multi-level governance that both takes account of the territorial diversity of the European Union and respects the subsidiarity principle, to fully involve local and regional governments, including cross-border public authorities, and, in pursuit of the partnership principle, to involve the economic and social partners, relevant NGOs and private stakeholders in the action programmes for implementing the Territorial Agenda and the Leipzig Charter, and gives its wholehearted support to these efforts; stresses that this need to work together should be regarded positively by all actors involved, as it has been proved that coherent collaboration is effective;
13. Recalls the key role that access to information and communication technologies plays for the future development prospects of the regions, and thus recommends, as mentioned in the Territorial Agenda, integrating infrastructure such as broadband cables into new transport and communication programmes;
14. Calls on the Commission to undertake a systematic analysis of the territorial impact of relevant key EU policies, as agreed by the Member States under line of action 2 of the First Action Programme, and also to undertake a spatial impact assessment of relevant new legislation; points in this connection, to the potential of the evaluation methods developed by ESPON; C 184 E/98 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
15. Acknowledges that high quality pre-school and school education, lifelong learning, universities and other research institutes are fundamental for the future development of cities and regions;
16. Recalls that Natura 2000 is an important instrument for European spatial development; insists that the requirements of Natura 2000 be fully implemented and that landscape corridors and open space networks between protected areas be created so that flora can disperse and fauna can move freely, thus preserving biodiversity;
17. Calls for a policy on creative economic sectors to be incorporated into spatial and urban devel opment with the aim of creating a framework, using the instruments available (cohesion policy, spatial and urban planning) and taking into account the quality of space, for improving opportunities for creative and innovative action;
18. Considers it necessary, in the light of demographic trends, to improve the adaptability of cities and regions, prioritising self-development and the promotion of voluntary work;
19. Emphasises that demographic trends lead to new challenges on the labour market, in access to social and health services and housing and in planning in general; points out that the ageing of the population can be seen as an opportunity for creating new jobs in a growing market and new products and services which improve the quality of life of older people; stresses that the development of the so-called ‘silver economy’ is important at local and regional level;
20. Calls on the Member States to guarantee as a matter of principle throughout their territory the availability of, right of access to and accessibility of services of general interest, in order to enable people in differing regions to exploit their region's own specific opportunities and potentials; calls for particular account to be taken of the needs of disadvantaged groups such as the disabled, immigrants, ethnic minorities, the long-term unemployed and people with few qualifications and the particular needs of women; calls on the Commission, in its guidelines for the application of the framework rules on services of general interest and the award of public contracts, to enable local authorities to take greater account of local needs and local actors and to improve their adaptability;
21. Calls on the Commission, in the light of the Community's new competences for spatial planning under the Treaty of Lisbon, to draft a communication on the creation of an EU framework for spatial impact assessment at project level, taking account of the work of ESPON;
22. Notes that, following the entry into force of the Treaty of Lisbon, cooperation and coordination between itself and the Council and Commission must be stepped up in the context of the implementation of the First Action Programme;
23. Welcomes in particular the fact that the Treaty of Lisbon declares territorial cohesion alongside economic and social cohesion to be a Treaty objective and provides for shared legislative competence between the EU and the Member States in this area; points out that the Treaty of Lisbon recognises the fact that the territorial challenges that affect islands, mountains, border regions and very remote and sparsely-populated areas should be tackled, since they have a negative impact on the overall competitiveness of the EU's economy; calls on the Commission to complement the First Action Programme with specific proposals for EU measures and initiatives;
24. Highlights the fact that there is no commonly agreed definition of territorial cohesion yet and therefore urges the Commission to define clearly territorial cohesion and to list the objectives for territorial development in the European Union in its forthcoming Green Paper on territorial cohesion; expects the highest priority to be given to the objective of ensuring that all citizens of the Union, wherever they live in the EU, are offered equal development and access opportunities;
25. Recommends the further development of the European Spatial Development Perspective and urges the full involvement of the new Member States in this policy framework; 6.8.2009 EN Official Journal of the European Union C 184 E/99
Thursday 21 February 2008
26. Considers it important to carry out regular assessments of progress in the implementation of the Territorial Agenda; calls on the Council, the Commission and all stakeholders to evaluate not only progress made in the implementation of individual measures of the First Action Programme, but also the impact of these measures and their contribution to sustainable spatial development in the EU;
27. Calls on the Council to agree as soon as possible on simple, quantifiable indicators for the obser vation of spatial development in the EU; calls for annual land development to be set as a one of those spatial development indicators;
28. Notes that these indicators could be used as targets for the guidance of spatial development; proposes that the Council and Commission use these indicators for benchmarking between the Member States, and for building up a database of best practises;
29. Supports the Council's intention to issue a report on the implementation of the First Action Programme at each informal Council meeting; suggests that the Council consider a Mutual Learning Programme for European spatial development on the exchange of experience and best practices between the Member States;
30. Stresses the importance of improving coordination between the Territorial Agenda and the Leipzig Charter; regrets in this connection that the Council has not yet adopted an action programme for the implementation of the targets of the Leipzig Charter, and calls on forthcoming presidencies to remedy this omission, thereby ensuring a systematic follow-up to the Leipzig Charter;
31. Welcomes the initiative of the Slovenian Presidency to prepare and promote measures seeking to enhance coordination between spatial and urban development with a view to further interlinking between the objectives of the Territorial Agenda and the Leipzig Charter;
32. Refers to the conclusions from the Fourth Cohesion Report in which towns and urban areas are seen as centres of population, economic strength and innovation; welcomes proposals for the creation of innovative regional and urban clustersspanning both internal and external borders of the EU;
33. Calls on the Commission and Council, having particular regard to the work of the Urban Audit, to set benchmarks for the sustainability of cities as set out in the Leipzig Charter, such as per capita energy consumption, local public transport usage as a proportion of total transport volume, and per capita greenhouse gas emissions;
34. Highlights the key role that cities play in achieving the objectives of the Lisbon Strategy and thus calls for a holistic and well coordinated urban development strategy supported by all levels of government as well as the private sector;
35. Calls on the Commission to take a greater interest in the issue of urban sprawl; calls on the Member States, in the light of the problem of landscape fragmentation and the continuing loss of land to urban growth in the Member States, to force through effective measures and strategies to restrict land development;
36. Recommends that the Member States give priority to internal urban development rather than external, in other words that they prioritise the re-use, or use for new purposes, of existing buildings, mainly by means of sustainable land management, before building on new land;
37. Welcomes the emphasis put on the interlinking of transport modes by the Leipzig Charter; highlights the importance of an integrated and sustainable transportation system and the significant role that an improved cycling and pedestrian infrastructure can play, particularly in the larger cities; calls upon the Commission to explore more effective mechanisms to support local authorities in developing strategies for integrated transport networks, particular in less developed regions;
38. Believes that, in order to respond effectively to growing demand for high-quality urban living, it is essential that local authorities rapidly bring their technical facilities into line with EU standards; believes, in particular, that facilities for supplying drinking water (for example by improving distribution or the quality of the water distributed), or for purifying waste water (for example by destroying networks or creating new ones) and all analogous facilities should be adapted to meet the new standards as soon as possible; C 184 E/100 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
39. Regrets that social and economic disparities are on the increase, particularly in metropolitan regions and cities in the EU, but also in rural areas; calls on the Member States to tackle this problem more energetically and to take greater account of it when planning programmes with a view to the award of appropriations from the structural funds;
40. Takes the view that cities have a particular responsibility in fulfilling the EU climate change targets as they are in a unique position to deliver potential solutions to contribute to the reduction of the global greenhouse gas emissions; urges Member States to incorporate climate protection into urban development as a horizontal objective;
41. Highlights the fact that investing in environmentally friendly technology, such as innovative prevention, mitigation and adaptation measures, offers significant business opportunities in the long term;
42. Notes that urban areas suffer the effects of climate change more severely when the lack of fresh air corridors leads to further warming and higher pollution concentrations;
43. Insists that efforts be stepped up to improve integration and social and territorial cohesion, particularly by overcoming defects in the built environment and by improving environmental conditions, while pursuing a balanced development policy for urban areas, namely by stabilising problem areas and providing attractive living, working and leisure areas;
44. Calls for better integration of deprived neighbourhoods; asks the competent authorities of the Member States to identify the warning signs of decline in particular areas and to increase efforts to implement a policy of social integration to reduce inequalities and prevent social exclusion; stresses the important role that small and medium-sized enterprises play for economic development and territorial competitiveness, not only in deprived neighbourhoods, but in all urban areas;
45. Calls on the Commission, in the context of future funding programmes including the Seventh Framework Programme for research, technological development and demonstration activities to step up its support for projects promoting the development and exchange of experience on sustainable urban management, the promotion of energy efficient practices and technologies, the resolution of urban environmental problems and the contribution of cities to combating climate change;
46. Takes the view that enhancing urban identity and active citizenship in cities can contribute to the successful implementation of the Leipzig Charter; calls on the Commission and the Member States to launch a territorial dialogue to boost public participation in planning for the revitalisation and development of urban areas;
47. Calls on the Member States and their regions and cities to pay greater attention to creating a culture of a high quality built environment (‘Baukultur’) as well as to the availability of decent and affordable housing as crucial factors for social inclusion and for the quality of city life in the context of sustainable urban development, while giving particular attention to the quality of the public space, notably in terms of architectural design quality, as a means of improving the well-being of Union citizens;
48. Calls on the Council, and in particular the Slovene and French Presidencies, to build on the progress made under the German and Portuguese Presidencies with regard to territorial cohesion and continue to adopt proposals in this regard; takes the view, given that the emphasis to date has been on cities, the relationship between town and country, and land planning, that future initiatives must take more account of the requirements of regions with territorial disadvantages, such as islands, mountains, border areas and very remote or sparsely populated areas;
49. Instructs its President to forward this resolution to the Council and Commission, and the Committee of the Regions. 6.8.2009 EN Official Journal of the European Union C 184 E/101
Thursday 21 February 2008 Timor-Leste
P6_TA(2008)0070
European Parliament resolution of 21 February 2008 on Timor-Leste
(2009/C 184 E/16)
The European Parliament,
— having regard to its previous resolutions on Timor-Leste,
— having regard to the briefing to the Security Council (5432nd meeting) by the UN Secretary-General's Special Representative for Timor-Leste,
— having regard to the report of its delegation to observe the legislative elections in the Democratic Republic of Timor-Leste from 27 June to 2 July 2007, led by Ana Gomes,
— having regard to the statement made by the Portuguese Presidency on behalf of the European Union on 5 July 2007 on the legislative elections in Timor-Leste,
— having regard to the UN Security Council statement of 11 February 2008 condemning the attack on Timor-Leste President José Ramos-Horta,
— having regard to the statement on 11 February 2008 of Javier Solana, EU High Representative for the Common Foreign and Security Policy, condemning the assassination attempts in Timor-Leste,
— having regard to Rule 115(5) of its Rules of Procedure,
A. whereas the dismissal in April 2006 of nearly 600 soldiers in Timor-Leste, as a reaction to their grievances, led to a very serious security crisis in the country, characterised by armed confrontation (between the armed forces and the dismissed troops and also with police forces), police disruption, riots and widespread gang violence, as a result of which dozens of people were killed, many more were wounded and 150 000 people fled their homes, half of them remaining displaced in camps,
B. whereas the security crisis also entailed the downfall of the government led by Prime Minister Mari Alkatiri in June 2006, and the appointment of a transitional government led by José Ramos-Horta,
C. whereas former Prime Minister and Nobel Prize laureate José Ramos-Horta was elected President of Timor-Leste on 9 May 2007 and, following the parliamentary elections of 30 June 2007, former President Kay Rala Xanana Gusmão became Prime Minister of the country on 6 August 2007, raising hopes for the definitive stabilisation of the country and due respect for democratic institutions,
D. whereas the political instability in Timor-Leste continued, despite the free and peaceful presidential and parliamentary elections and a stronger engagement by the international community under the auspices of the United Nations, responding to appeals from the Timor-Leste authorities,
E. whereas much of that instability was due to the defiance of the rule of law by the leadership of the disaffected soldiers taken by fugitive ex-Major Alfredo Reinado, who had broken out of prison in 2006 and served as an inspiration to violent youth gangs in the capital,
F. whereas, on 11 February 2008, those rebel groups shot and seriously wounded President Ramos-Horta, who is in a critical condition in an Australian hospital, and opened fire on Prime Minister Xanana Gusmão in separate but coordinated attacks against the leadership of the country and state institutions,
G. whereas a state of emergency has been declared by the Parliament of Timor-Leste and remains in place; whereas the government has requested reinforcements for the 1 600 international peacekeepers already deployed in Timor-Leste, C 184 E/102 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
H. whereas the violent attacks against the state institutions and democratically elected leaders of Timor-Leste are a sequel of the April 2006 crisis, making it evident that, despite the efforts of national authorities, the UN Integrated Mission in Timor-Leste (UNMIT) and international forces, effective national security and the rule of law are not yet functioning in Timor-Leste,
I. whereas qualified observers have drawn attention to the lack of any prompt or adequate response from the UN International Police or other international forces to the 11 February 2008 attacks, with the exception of the effective intervention of the Portuguese Republican National Guard, once it was called to act,
J. whereas the attacks occurred after President Ramos-Horta had personally engaged in trying to find a negotiated solution with the rebels; whereas the exact sequence of events still remains unclear, and the roles of the national and international security forces leave many questions unanswered,
K. whereas the poor state of the Timor-Leste economy, despite the country's oil revenues, with 40 % of the population living below the poverty line and 60 % aged 18 and under, massive unemployment of around 80 %, and high illiteracy rates, is creating very unstable social conditions and increasing the potential for civil unrest,
L. whereas both the European Union and the United Nations are publicly committed to supporting independence, democracy and the rule of law in Timor-Leste, which requires the consolidation of state institutions, good governance, the proper use of state funds to address the fight against poverty and unemployment and promote development and social justice, and exemplary behaviour on the part of Timor-Leste's neighbours,
M. whereas Timor-Leste is a full member of the ACP group of States and the European Union has, therefore, a particular responsibility to contribute to consolidating its democratic governance, by assisting its institutions in the major effort of capacity building required,
N. whereas account should be taken of the inalienable sovereign rights of the people of Timor-Leste, in particular over their natural resources,
1. Condemns vehemently the attempted assassination of President Ramos-Horta and wishes him a full recovery and a quick return to the leadership of the country;
2. Condemns vehemently the simultaneous attack against Prime Minister Xanana Gusmão, who fortunately escaped unhurt, and hopes that the Government, together with the President and Parliament of Timor-Leste, will be able to overcome these grave threats to the stability of Timor-Leste and cooperate to ensure respect for law and order and the normal functioning of democratic institutions, in accordance with the constitution;
3. Urges all parties in Timor-Leste to refrain from violence, engage in dialogue and participate in the democratic process within the legal and constitutional framework, thus contributing to restoring social and political stability;
4. Expresses its concern at the message of impunity and disrespect for the rule of law which may have been conveyed, in an effort to promote national reconciliation, by the ambiguous attitude of the authorities of Timor-Leste, UNMIT and international security forces towards people who are summoned to face justice;
5. Condemns anyone in Timor-Leste who will try to take advantage of the fragile situation following the attacks on 11 February 2008 and urges all parties to respect and cooperate fully with the political bodies that emerged from the presidential and parliamentary elections in 2007;
6. Calls for a thorough inquiry within the constitutional and legal framework of Timor-Leste, with the necessary international cooperation and support, aimed at clarifying every detail of the apparent attempted coup d'état and the failure of the security system in the country to bring to justice the perpetrators of such attacks; welcomes the opening of a joint investigation into the attacks by the United Nations and the Timor- Leste police; 6.8.2009 EN Official Journal of the European Union C 184 E/103
Thursday 21 February 2008
7. Urges the main political forces in Timor-Leste, both in power and in opposition, to engage in a cross- party effort to reach a national understanding as a matter of urgency on core issues of the functioning of the state, such as the role of the armed forces, the police and the reinforcement of the judiciary system; offers its support for such efforts among the parliamentary parties of Timor-Leste;
8. Recalls that the role of the international community, and in particular the United Nations and its Security Council, is of vital importance to the process of consolidating the state of Timor-Leste and its independence and sovereignty, as well as to strengthening democracy in that young nation;
9. Stresses the importance of the conduct of the countries neighbouring Timor-Leste in respecting and favouring the stability of the society of Timor-Leste and the consolidation of its national democratic institutions; acknowledges the positive attitude of Indonesia since the recognition of the independence of Timor-Leste and the decisions of Australia and others to help;
10. Calls on the Council and the Commission to urge the Timor-Leste authorities and UNMIT to prohibit, disband and disarm any paramilitary groups, armed gangs and armed civilians, and to raise European concerns over security capacity and respect for the rule of law with the United Nations and the Government of Timor-Leste at all official meetings, and at the highest level;
11. Calls on the international institutions to provide broader support to meet the need for Timor-Leste to reform of its fragile and politicised security sector, as is essential for a fully functioning democratic and secure State, through a wide consultation process and a systematic and comprehensive approach, as recom mended by UN Security Council Resolution 1704(2006) and subsequent UN reports; calls on the Government of Timor-Leste to give high priority to that task; invites the Government of Timor-Leste to take advantage of the expertise in the UN Security Sector Support Unit to conduct national consultations on security sector reform; calls on the Council, the Commission and other international donors to establish a mechanism by which to improve the coordination of assistance to the security sector; calls on UNMIT to give the Security Sector Support Unit the resources and staff to assist the consultation process and comprehensive review;
12. Recommends that the decisions and orders of tribunals be promptly respected and fully enforced by the authorities of Timor-Leste, with the support, whenever necessary, of the international forces in the country;
13. Calls on the state institutions of Timor-Leste and UNMIT to uphold the rule of law, combat impunity of crimes and ensure compliance with international human rights standards by all in Timor-Leste, especially the police and armed forces;
14. Reaffirms its recognition of Timor-Leste's need for political, technical and financial support in building the infrastructure and administrative structures which are essential to resume the implementation of its development plan, and in invigorating the economy of Timor-Leste and the promotion of employment; calls for continued support by the international community to alleviate poverty in Timor- Leste and provide assistance to rebuild the physical and administrative structures necessary for its economic development;
15. Calls on the European Union and the international community, and in particular neighbouring and ASEAN countries, to maintain and step up the support required to consolidate democracy and a democratic culture in Timor-Leste, focusing on multi-party culture, freedom of expression and on institution-building — namely the parliament, the government, the judiciary, security, defence and law enforcement agencies — and to assist in the urgent extension of media coverage to the whole country, as well as to strengthen the education and health networks and infrastructure in housing, sanitation and water supply;
16. Calls on the Commission to speed up and conclude the installation of a fully functioning delegation in Dili; C 184 E/104 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
17. Recommends sending an ad hoc parliamentary delegation to Timor-Leste to reassess the political situation, express solidarity to democratic forces and institutions and renew Parliament's offer of assistance to the democratic functioning of the Parliament of Timor-Leste;
18. Instructs its President to forward this resolution to the Council, the Commission, the President, Government and Parliament of Timor-Leste, the EU High Representative for the Common Foreign and Security Policy, the governments of the ACP countries, the governments and parliaments of the Member States, the governments of Australia and Indonesia, the Secretary-General and the Secretariat of ASEAN, the UN Secretary-General, the UN Secretary-General's Special Representative for Timor-Leste and the UN Security Council.
Belarus
P6_TA(2008)0071
European Parliament resolution of 21 February 2008 on Belarus
(2009/C 184 E/17)
The European Parliament, — having regard to its previous resolutions on the situation in Belarus, in particular to its resolution of 6 April 2006 on the situation in Belarus after the presidential elections of 19 March 2006 ( 1), — having regard to the Commission's declaration of 21 November 2006 on the European Union's readiness to renew its relationship with Belarus and its people within the framework of the European Neighbourhood Policy (ENP), — having regard to its Sakharov Prize for freedom of thought, which was awarded to the Belarusian Association of Journalists on 14 December 2004 and to Aleksander Milinkevich on 13 December 2006, — having regard to Rule 115(5) of its Rules of Procedure, A. whereas it has repeatedly condemned the failed presidential, parliamentary and local elections in Belarus, B. whereas it has called on the Council and the Commission to make proposals to put further pressure on Lukashenko's regime within international organisations and has demanded that a complete package of specific, targeted sanctions — severely punishing the perpetrators of oppression without adding to the suffering of the citizens of Belarus — be put forward, C. whereas it has particularly condemned the fact that local democracy, which is the cornerstone of any democratic governance and which expresses the will of ordinary people to fulfil their genuine hopes and expectations, has been disregarded and neglected in Belarus, D. whereas the continuous political and administrative pressure exerted upon non-governmental organ isations in Belarus, threatens their existence and undermines their independence, E. whereas in January 2008 there was a series of protests by entrepreneurs in Minsk, and the leaders of those demonstrations were detained and often beaten, F. whereas positive developments in the establishment of the Commission's delegation in Minsk have taken place recently,
( 1 ) OJ C 293 E, 2.12.2006, p. 304. 6.8.2009 EN Official Journal of the European Union C 184 E/105
Thursday 21 February 2008
1. Deeply regrets that the situation of democracy, human rights and the rule of law is not improving in Belarus; points out that continuous arbitrary arrests of members of civil society and opposition activists, notably the temporary detention of Aleksander Milinkevich, and the clampdown of the independent media, contradict the recent rhetoric of the Belarusian Government concerning their wish to improve relations with the European Union;
2. Expresses its regret over the sentencing of the journalist Aliaksandr Zdvizhkov to three years' imprisonment, considering that punishment to be unjustly harsh, and calls on the Belarusian Government to reconsider the decision;
3. Takes note of the recent release of several democratic opposition activists including the leaders of the Youth Movement of the Belarusian Popular Front and Young Front (Malady Front), at the same time condemns the arrests of these activists, who were detained for 15 days in prison and faced expulsion from university, following peaceful demonstrations on 16 January 2008 in Minsk to mark the day of solidarity with imprisoned Belarusian opposition activists and the families of missing prominent Belarusians;
4. Urges the Belarusian authorities to release immediately and unconditionally the remaining political prisoner, Alyaksandr Kazulin, and stop using intimidation, harassment, targeted arrests and politically motivated prosecutions against the activists of the democratic opposition and civil society in Belarus;
5. Welcomes the recent developments on the agreements to establish the Commission's delegation in Minsk as a positive step towards renewing dialogue with the European Union; encourages the Commission to use the full potential of the opening of the delegation;
6. Recalls that on 21 November 2006 the Europe Union declared its readiness to renew its relationship with Belarus and its people within the framework of the ENP as soon as the Belarusian Government demonstrates respect for democratic values and for the basic rights of the Belarusian people;
7. Emphasises that in order to engage in any substantial dialogue with the EU, Belarus needs to fulfil the remaining conditions laid down in the ‘non-paper’ entitled ‘What the European Union could bring to Belarus’, which include the release of all political prisoners, the abolition of the death penalty, an assurance of a free media and freedom of expression, the independence of the judiciary and respect for democratic values and for the basic rights of the Belarusian people;
8. Condemns the fact that Belarus is the only country in Europe which still has the death penalty, which is counter to European values;
9. Urges the Belarusian authorities to revoke Decree No 70 of 8 February 2008, provisions of which violate the right to education of Belarusian citizens by creating barriers to entry into higher education institutions;
10. Urges the Belarusian authorities to implement Organisation for Security and Cooperation in Europe (OSCE) standards in the organisation of the forthcoming parliamentary elections scheduled for 28 September 2008; calls on the Government to give democratic opposition representatives access to district election commissions, to grant registration to all parliamentary candidates and their observers, and not to create obstacles for a comprehensive and complete international election observation mission;
11. Calls on the Council and the Commission to take further steps towards the facilitation and liberali sation of visa procedures for Belarusian citizens, as only such action can help to fulfil the main goal of EU policy towards Belarus, namely to facilitate and intensify people-to-people contacts and to democratise that country; urges them in this context to consider the possibilities of waiving the cost of visas for Belarusian citizens entering Schengen territory, which is the only way to prevent Belarus and its citizens from becoming increasingly isolated; C 184 E/106 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
12. Calls on Member States in the Schengen area to use all available tools (national visa costs) to facilitate the movement of Belarusian citizens within each Member State's territory;
13. Calls on the Council, the Commission and the international community as a whole to extend more support to the civil society of Belarus and, in particular, to increase financial aid to the independent media, to non-governmental organisations and to Belarusian students studying abroad; welcomes the financial support given by the Commission to the European Humanities University in Vilnius (Lithuania); calls on the Council and the Commission to consider financial support for the existing project aimed at the creation of the independent Belarusian television channel Belsat;
14. Expresses solidarity with the united democratic opposition of Belarus and the leader of that movement, Aleksander Milinkevich, and all Belarusian citizens who strive for an independent, open and democratic Belarus based on the rule of law; encourages the leaders of the opposition to demonstrate unity and resolve in the upcoming parliamentary elections;
15. Deplores the decision of the Belarusian authorities to refuse repeatedly entrance visas to the Members of the European Parliament and national parliamentarians in the last couple of years; calls on the Belarusian authorities not to create any further obstacles preventing the European Parliament delegation for relations with Belarus from visiting the country and from observing and obtaining first-hand experience in Belarus;
16. Condemns the restrictions imposed by the Belarusian authorities on foreign clergy, aimed at limiting their access to the country to serve religious organisations, and calls on the Belarusian authorities to cease these restrictions;
17. Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the Secretary-General of the United Nations, the Parliamentary Assemblies of the OSCE and the Council of Europe, and the Belarusian authorities.
North Kivu
P6_TA(2008)0072
European Parliament resolution of 21 February 2008 on North Kivu
(2009/C 184 E/18)
The European Parliament, — having regard to its resolution of 17 January 2008 on the situation in the Democratic Republic of Congo and rape as a war crime ( 1) and to its previous resolutions on human rights abuses in the Democratic Republic of Congo, — having regard to the resolution of 22 November 2007 of the ACP-EU Joint Parliamentary Assembly on the situation in the Democratic Republic of Congo, in particular in the East and its impact on the region, — having regard to its resolution of 15 November 2007 on the EU response to situations of fragility in developing countries ( 2 ), — having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘Towards an EU response to situations of fragility — engaging in difficult environments for sustainable development, stability and peace’ (COM(2007)0643) and the Commission staff working document annexed thereto (SEC(2007)1417),
( 1 ) Texts Adopted, P6_TA(2008)0022. ( 2 ) Texts Adopted, P6_TA(2007)0540. 6.8.2009 EN Official Journal of the European Union C 184 E/107
Thursday 21 February 2008
— having regard to Resolution 60/1 of the United Nations General Assembly of 24 October 2005 on the 2005 World Summit outcome, and in particular paragraphs 138 to 140 thereof on the responsibility to protect populations,
— having regard to Rule 115(5) of its Rules of Procedure,
A. whereas the conflict affecting the DRC has claimed the lives of 5 400 000 people since 1998 and continues to be the direct or indirect cause of 1 500 deaths each day,
B. whereas the fighting between the Congolese army, the rebel troops of ousted General Laurent Nkunda and the fighters of the Democratic Forces for the Liberation of Rwanda (FDLR, also known as Interhamwes) has been causing tremendous hardship to the civilian populations of the region of North Kivu for many months,
C. whereas during the last 18 months there have been massacres, rapes of young girls, mothers and grandmothers, forced recruitment of civilians and child soldiers, and a host of other acts of violence and serious human rights abuses in the Eastern DRC, both by Laurent Nkunda's rebel troops and by FDLR fighters and the Congolese army itself,
D. whereas MONUC (United Nations Mission in the Democratic Republic of Congo) has a mandate under Chapter VII of the United Nations Charter, which authorises it to use all necessary means to deter any attempted use of force which would threaten the political process on the part of any foreign or Congolese armed group, particularly ex-FAR (Rwandan Armed Forces) and Interhamwes fighters, and to protect civilians under imminent threat of physical violence,
E. whereas on 25 January 2008 the special representative of the United Nations Secretary-General in the DRC announced that observers would be sent to monitor the ceasefire in all the territories previously occupied by armed groups, and that the military and civilian personnel of the Goma office of MONUC would be strengthened,
F. whereas undertakings concerning gradual demobilisation and a commitment to a ceasefire were given on 23 January 2008 at the Goma Conference for Peace, Security and Development, which includes a ceasefire among all warring parties, the disarmament of all non-governmental forces, the return and resettlement of all displaced peoples in the Eastern DRC and the installation of a temporary mechanism for ceasefire monitoring,
G. whereas the practical details of this demobilisation have yet to be worked out within the framework of the Joint Technical Peace and Security Commission held under the co-presidency of the DRC Government and the international facilitation of the ceasefire commitment,
H. whereas the FDLR, whose fighters had sought refuge in the region, is involved in the fighting,
I. whereas the Congolese army does not have the human, technical or financial resources necessary to carry out its tasks in North Kivu and whereas this is the main reason why it poses a threat to the population instead of working on its behalf and in the cause of peace,
J. whereas it is vital to find a political solution to the crisis in North Kivu, so as to consolidate peace and democracy and promote stability and development in the region for the well-being of all the peoples of the Great Lakes region,
K. whereas a meeting was held in Kinshasa on 3 September 2007 between Mbusa Nyamwisi and Charles Murigande, Foreign Ministers of Congo and Rwanda respectively, as part of the efforts to find a solution to the conflict in North Kivu,
L. whereas a meeting was held in Beni from 28 to 30 January 2008 under the co-presidency of Chikez Diemu and Crispus Kiyonga, Ministers for Defence of the DRC and Uganda respectively, C 184 E/108 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
M. whereas since the end of 2006 the conflict in the DRC has also forced some 400 000 people to flee their homes and whereas there is now a total of 800 000 displaced persons in the province of North Kivu,
N. whereas the civil war, which has been under way for three years, has been marked by the systematic pillaging of the country's wealth by the allies and enemies of the Congolese Government,
O. whereas, in order to achieve a significant improvement in health and a reduction in the mortality rate in the DRC as a whole and in North Kivu in particular, years of sustained commitment and a substantial financial investment will be required both from the Congolese Government and the international community,
P. whereas on 3 February 2008 an earthquake measuring 6 on the Richter scale struck the Great Lakes region and, in particular, the towns of Bukavu and Goma and surrounding areas, which had already been badly hit by the conflict, causing deaths, injuries and substantial material damage,
Q. whereas several humanitarian organisations have been forced to suspend their activities following the hostilities at the end of 2007, while health centres remain without supplies or have been abandoned by their medical staff,
R. whereas Médecins Sans Frontières (MSF) has reported that the local and displaced populations in North Kivu are growing progressively weaker and that the continuing warfare is preventing aid workers from gaining access to certain areas which are in need of urgent food and medical aid,
S. whereas malnutrition is a further aspect of the extreme vulnerability suffered by the populations now living in North Kivu and whereas the data from MSF's medical aid programmes offer an alarming indication of the scale of malnutrition in North Kivu, arousing fears for those families whom aid cannot reach,
1. Expresses its deep outrage at the massacres and crimes against humanity which have been continuing for too many years in North Kivu and calls on all relevant national and international authorities system atically to bring the perpetrators to justice, whoever they may be; calls on the United Nations Security Council as a matter of urgency to take all measures capable of genuinely preventing any further attacks on the civilian populations of North Kivu;
2. Notes that, despite its broad mandate, MONUC has not had sufficient resources to enable it to prevent these massacres, rapes, pillaging, forced recruitment of civilians and child soldiers, and countless other acts of violence and human rights abuses, and therefore calls on the Council and the Commission to ensure that the recent strengthening of MONUC leads to a significant improvement in the security of the populations of North Kivu and, should this not ensue, to urge the United Nations Security Council to give MONUC the means to fulfil its mission, beginning with the effective and lasting protection of the civilian populations of the region;
3. Calls for zero tolerance of the sexual violence against girls and women which is used as a weapon of war and demands severe criminal penalties against the perpetrators of these crimes; recalls the importance of access to reproductive health services in conflict situations and refugee camps;
4. Welcomes the holding of the peace conference in Goma, given the need to find a political solution to the conflict affecting the East of the DRC; underlines, however, besides the notable absence of represen tatives of Interhamwes (FDLR), the fragility of the demobilisation undertakings and ceasefire commitment agreed on 23 January 2008 at the end of the Conference and therefore continues to urge all parties to this conflict to work unceasingly for peace and to put an end to violations of human rights and of international humanitarian law, cease all attacks on civilians and allow humanitarian agencies to come to the aid of the civilian population;
5. Points out that the practical details of this demobilisation have yet to be worked out within the framework of the Joint Technical Peace and Security Commission under the co-presidency of the DRC Government and the international facilitation of that commitment, and therefore calls for that Commission to be set up as swiftly as possible so as to finalise demobilisation issues; 6.8.2009 EN Official Journal of the European Union C 184 E/109
Thursday 21 February 2008
6. Welcomes the meeting held in September 2007 between the Congolese and Rwandan Foreign Ministers and calls on the Rwandan authorities to play a tangible role in the various efforts to resolve the conflict in North Kivu, particularly as regards prosecutions, disarmament, demobilisation and the repatriation of Interhamwes present in North Kivu;
7. Calls on the Council and the Commission to release emergency funds, in view of the extreme gravity of the humanitarian situation faced by the populations of North Kivu, not only because of the conflicts which continue to affect that region, but also as a result of the earthquake of 3 February 2008, and to ensure that humanitarian workers are able to operate under the best possible conditions;
8. Calls on the Council and the Commission to implement large-scale medical assistance programmes for the civilian populations in Eastern DRC with immediate effect, in order to both to meet the immediate needs of the population and in anticipation of the reconstruction of the region which will be required;
9. Calls for the effective establishment of monitoring mechanisms, such as the Kimberley process for the certification of the origin of natural resources imported into the EU market;
10. Calls on the Council and every Member Sate to provide special aid to the populations of Eastern DRC;
11. Calls on the European Union mission to North Kivu scheduled for March 2008 to report back to it;
12. Instructs its President to forward this resolution to the Council, the Commission, the institutions of the African Union, the High Representative for the CFSP, the governments and parliaments of the Member States, the Secretary-General of the United Nations, the Untied Nations Security Council, the United Nations Human Rights Council, the President, parliament and government of the Democratic Republic of Congo, and the President, parliament and government of the Republic of Rwanda. C 184 E/110 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
II
(Information)
INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES
EUROPEAN PARLIAMENT
Request for defence of the immunity of Claudio Fava
P6_TA(2008)0047
European Parliament decision of 19 February 2008 on the request for defence of the immunity and privileges of Claudio Fava (2007/2155(IMM))
(2009/C 184 E/19)
The European Parliament,
— having regard to the request by Claudio Fava for defence of his immunity in connection with civil proceedings brought against him before the Marsala Civil Court, of 29 May 2007, announced in plenary sitting on 6 June 2007,
— having heard Claudio Fava in accordance with Rule 7(3) of its Rules of Procedure,
— having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
— having regard to the judgments of 12 May 1964 and 10 July 1986 ( 1 ) of the Court of Justice of the European Communities,
— having regard to Rules 6(3) and 7 of its Rules of Procedure,
— having regard to the report of the Committee on Legal Affairs (A6-0007/2008),
1. Decides to defend the immunity and privileges of Claudio Fava;
2. Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authorities of the Italian Republic.
( 1 ) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391. 6.8.2009 EN Official Journal of the European Union C 184 E/111
Tuesday 19 February 2008 Request for defence of the immunity of Witold Tomczak
P6_TA(2008)0048
European Parliament decision of 19 February 2008 on the request for defence of the immunity and privileges of Witold Tomczak (2007/2130(IMM))
(2009/C 184 E/20)
The European Parliament,
— having regard to the request by Witold Tomczak for defence of his immunity in connection with the criminal case conducted by the District Court in Ostrów Wielkopolski, Poland, made on 21 May 2007, announced in plenary sitting on 24 May 2007,
— having heard Witold Tomczak on 4 October 2007 in accordance with Rule 7(3) of its Rules of Procedure,
— having regard to Articles 8, 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
— having regard to the judgments of 12 May 1964 and 10 July 1986 ( 1 ) of the Court of Justice of the European Communities,
— having regard to Article 105 of the Polish Constitution,
— having regard to Rules 6(3) and 7 of its Rules of Procedure,
— having regard to the report of the Committee on Legal Affairs (A6-0008/2008),
A. whereas Witold Tomczak was elected to the Sejm (the lower house of the Polish Parliament) on 21 September 1997 and on 23 September 2001; whereas after the signature of the Accession Treaty on 16 April 2003 he became an Observer; whereas he was a Member of the European Parliament from 1 May 2004 until 19 July 2004; whereas he was elected to the European Parliament on 13 June 2004 and his term of office in the Polish Parliament expired on 16 June 2004,
B. whereas Witold Tomczak is charged with insulting two police officers in the performance of their duties in Ostrów Wielkopolski on 26 June 1999 in breach of Article 226(1) of the Polish Penal Code; whereas after a number of failures by Witold Tomczak to appear at the hearings, the District Court in Ostrów Wielkopolski decided on 10 January 2005, in accordance with Article 377(3) of the Polish Code of Criminal Procedure, to proceed with the trial in absentia,
C. whereas, in accordance with Article 9 of the Act of 23 January 2004 on elections to the European Parliament, ‘A person shall be eligible for elections to the European Parliament held in the Republic of Poland if he or she […] has not been convicted of an offence committed intentionally and prosecuted by indictment …’; whereas Article 142, paragraph 1(1) of that Act states that ‘The forfeiture of a seat of a Member of the European Parliament shall be a result of forfeiture of eligibility’; whereas no such provisions exist in the Act of 12 April 2001 on elections to the Sejm and Senat of the Republic of Poland (the Polish parliament),
( 1 ) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391. C 184 E/112 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
D. whereas Witold Tomczak had previously (on 29 April 2005) asked Parliament to defend his immunity in these criminal proceedings; whereas Parliament decided in plenary on 4 April 2006 not to defend his immunity, even though Mr Tomczak had sent a letter prior to the plenary sitting by which he purported to withdraw his earlier application for defence of his immunity,
E. whereas Witold Tomczak claims that the judge presiding in the case is not objective, and that the possibility of holding the trial in absentia infringes the principle of the presumption of innocence,
F. whereas Witold Tomczak complains that the District Court is not granting him access to the files in the case and that the criminal proceedings against him are biased because he sought to challenge the legality of the actions of local police and the local prosecutor,
G. whereas, on the basis of the information obtained, Witold Tomczak is not protected by parliamentary immunity in respect of any of the claims which have been drawn to the attention of the President of the European Parliament,
1. Decides not to defend the immunity and privileges of Witold Tomczak. 6.8.2009 EN Official Journal of the European Union C 184 E/113
Tuesday 19 February 2008
III (Preparatory acts)
EUROPEAN PARLIAMENT
Protocol to the Euro-Mediterranean Agreement between the EC and Israel to take account of the accession of Bulgaria and Romania to the EU ***
P6_TA(2008)0036
European Parliament legislative resolution of 19 February 2008 on the proposal for a Council decision on the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (15061/2007 — COM(2007)0464 — C6-0445/2007 — 2007/0165(AVC))
(2009/C 184 E/21)
(Assent procedure)
The European Parliament,
— having regard to the proposal for a Council decision (COM(2007)0464),
— having regard to the text of the Council (15061/2007),
— having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 310 and Article 300(2), first subparagraph, second sentence of the EC Treaty (C6-0445/2007),
— having regard to Rules 75, 83(7) and 43(1) of its Rules of Procedure,
— having regard to the recommendation of the Committee on Foreign Affairs (A6-0025/2008),
1. Gives its assent to conclusion of the Protocol;
2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the State of Israel. C 184 E/114 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008 Protocol to the Euro-Mediterranean Agreement between the EC and Egypt to take account of the accession of Bulgaria and Romania to the EU ***
P6_TA(2008)0037
European Parliament legislative resolution of 19 February 2008 on the proposal for a Council decision on the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (13199/2007 — COM(2007)0487 — C6-0438/2007 — 2007/0180(AVC))
(2009/C 184 E/22)
(Assent procedure) The European Parliament, — having regard to the proposal for a Council decision (COM(2007)0487), — having regard to the text of the Council (13199/2007), — having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 310 and Article 300(2), first subparagraph, second sentence of the EC Treaty (C6-0438/2007), — having regard to Rules 75, 83(7) and 43(1) of its Rules of Procedure, — having regard to the recommendation of the Committee on Foreign Affairs (A6-0026/2008),
1. Gives its assent to conclusion of the Protocol; 2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Arab Republic of Egypt.
Exposure of workers to the risks arising from physical agents (electromagnetic fields) ***I
P6_TA(2008)0038
European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council amending Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (eighteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (COM(2007)0669 — C6-0394/2007 — 2007/0230(COD))
(2009/C 184 E/23)
(Codecision procedure: first reading) The European Parliament, — having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0669), — having regard to Article 251(2) and Article 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0394/2007), 6.8.2009 EN Official Journal of the European Union C 184 E/115
Tuesday 19 February 2008
— having regard to Rules 51 and 43(1) of its Rules of Procedure, — having regard to the report of the Committee on Employment and Social Affairs (A6-0012/2008),
1. Approves the Commission proposal; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council and the Commission.
Installation of lighting and light-signalling devices on wheeled agricultural and forestry tractors (codified version) ***I
P6_TA(2008)0039
European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council relating to the installation of lighting and light- signalling devices on wheeled agricultural and forestry tractors (codified version) (COM(2007)0192 — C6-0108/2007 — 2007/0066(COD))
(2009/C 184 E/24)
(Codecision procedure: codification) The European Parliament, — having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0192), — having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0108/2007), — having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts ( 1), — having regard to Rules 80 and 51 of its Rules of Procedure, — having regard to the report of the Committee on Legal Affairs (A6-0022/2008),
1. Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; 2. Instructs its President to forward its position to the Council and Commission.
( 1 ) OJ C 102, 4.4.1996, p. 2. C 184 E/116 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008 Statutory plates and inscriptions for motor vehicles and their trailers (codified version) ***I
P6_TA(2008)0040
European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council on statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment (codified version) (COM(2007)0344 — C6-0193/2007 — 2007/0119(COD))
(2009/C 184 E/25)
(Codecision procedure: codification) The European Parliament, — having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0344), — having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0193/2007), — having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts ( 1), — having regard to Rules 80 and 51 of its Rules of Procedure, — having regard to the report of the Committee on Legal Affairs (A6-0016/2008), 1. Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; 2. Instructs its President to forward its position to the Council and the Commission.
( 1 ) OJ C 102, 4.4.1996, p. 2.
Rear registration plate lamps for motor vehicles and their trailers (codified version) ***I
P6_TA(2008)0041
European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council on rear registration plate lamps for motor vehicles and their trailers (codified version) (COM(2007)0451 — C6-0252/2007 — 2007/0162(COD))
(2009/C 184 E/26)
(Codecision procedure: codification) The European Parliament, — having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0451), — having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0252/2007), 6.8.2009 EN Official Journal of the European Union C 184 E/117
Tuesday 19 February 2008
— having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts ( 1), — having regard to Rules 80 and 51 of its Rules of Procedure, — having regard to the report of the Committee on Legal Affairs (A6-0017/2008),
1. Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; 2. Instructs its President to forward its position to the Council and the Commission.
( 1 ) OJ C 102, 4.4.1996, p. 2.
Suppression of radio interference produced by agricultural or forestry tractors (codified version) ***I
P6_TA(2008)0042
European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council on the suppression of radio interference produced by agricultural or forestry tractors (electromagnetic compatibility) (codified version) (COM(2007)0462 — C6-0256/2007 — 2007/0166(COD))
(2009/C 184 E/27)
(Codecision procedure: codification) The European Parliament, — having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0462), — having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0256/2007), — having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts ( 1), — having regard to Rules 80 and 51 of its Rules of Procedure, — having regard to the report of the Committee on Legal Affairs (A6-0018/2008),
1. Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; 2. Instructs its President to forward its position to the Council and the Commission.
( 1 ) OJ C 102, 4.4.1996, p. 2. C 184 E/118 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
Noise level of wheeled agricultural or forestry tractors (codified version) ***I
P6_TA(2008)0043
European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council relating to the driver-perceived noise level of wheeled agricultural or forestry tractors (codified version) (COM(2007)0588 — C6-0344/2007 — 2007/0205(COD))
(2009/C 184 E/28)
(Codecision procedure: codification) The European Parliament, — having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0588), — having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0344/2007), — having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts ( 1), — having regard to Rules 80 and 51 of its Rules of Procedure, — having regard to the report of the Committee on Legal Affairs (A6-0019/2008),
1. Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; 2. Instructs its President to forward its position to the Council and the Commission.
( 1 ) OJ C 102, 4.4.1996, p. 2.
European Environment Agency and the European Environment Information and Observation Network (codified version) ***I
P6_TA(2008)0044
European Parliament legislative resolution of 19 February 2008 on the proposal for a regulation of the European Parliament and of the Council on the establishment of the European Environment Agency and the European Environment Information and Observation Network (codified version) (COM(2007)0667 — C6-0397/2007 — 2007/0235(COD))
(2009/C 184 E/29)
(Codecision procedure: codification) The European Parliament, — having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0667), — having regard to Article 251(2) and Article 175 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0397/2007), 6.8.2009 EN Official Journal of the European Union C 184 E/119
Tuesday 19 February 2008
— having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts ( 1), — having regard to Rules 80 and 51 of its Rules of Procedure, — having regard to the report of the Committee on Legal Affairs (A6-0020/2008),
1. Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission; 2. Instructs its President to forward its position to the Council and the Commission.
( 1 ) OJ C 102, 4.4.1996, p. 2.
Excise duty applied to manufactured tobacco (codified version) *
P6_TA(2008)0045
European Parliament legislative resolution of 19 February 2008 on the proposal for a Council directive on the structure and rates of excise duty applied to manufactured tobacco (codified version) (COM(2007)0587 — C6-0392/2007 — 2007/0206(CNS))
(2009/C 184 E/30)
(Consultation procedure: codification) The European Parliament, — having regard to the Commission proposal to the Council (COM(2007)0587), — having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C6- 0392/2007), — having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts ( 1), — having regard to Rules 80 and 51 of its Rules of Procedure, — having regard to the report of the Committee on Legal Affairs (A6-0021/2008),
1. Approves the Commission proposal as adapted to the recommendations of the consultative working party of the legal services of the European Parliament, the Council and the Commission; 2. Instructs its President to forward its position to the Council and the Commission.
( 1 ) OJ C 102, 4.4.1996, p. 2. C 184 E/120 EN Official Journal of the European Union 6.8.2009
Tuesday 19 February 2008
EC-Switzerland Agreement on the MEDIA 2007 programme *
P6_TA(2008)0046
European Parliament legislative resolution of 19 February 2008 on the proposal for a Council decision concerning the conclusion of an Agreement between the Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007, and a Final Act (COM(2007)0477 — C6-0328/2007 — 2007/0171(CNS))
(2009/C 184 E/31)
(Consultation procedure) The European Parliament, — having regard to the proposal for a Council decision (COM(2007)0477), — having regard to Article 150(4) and Article 157(3), in conjunction with Article 300(2), first sentence, of the EC Treaty, — having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0328/2007), — having regard to Rules 51 and 83(7) of its Rules of Procedure, — having regard to the report of the Committee on Culture and Education (A6-0512/2007),
1. Approves the conclusion of the Agreement; 2. Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and the Swiss Confederation.
Community Customs Code ***II
P6_TA(2008)0049
European Parliament legislative resolution of 19 February 2008 on the Council common position adopted with a view to the adoption of a regulation of the European Parliament and of the Council laying down the Community Customs Code (Modernized Customs Code) (11272/6/2007 — C6-0354/2007 — 2005/0246(COD))
(2009/C 184 E/32)
(Codecision procedure: second reading) The European Parliament, — having regard to the Council common position (11272/6/2007 — C6-0354/2007) ( 1 ), — having regard to its position at first reading ( 2) on the Commission proposal to Parliament and the Council (COM(2005)0608), — having regard to Article 251(2) of the EC Treaty, — having regard to Rule 67 of its Rules of Procedure, — having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A6-0011/2008),
( 1 ) OJ C 298 E, 11.12.2007, p. 1. ( 2 ) OJ C 317 E, 23.12.2006, p. 82. 6.8.2009 EN Official Journal of the European Union C 184 E/121
Tuesday 19 February 2008
1. Approves the common position; 2. Notes that the act is adopted in accordance with the common position; 3. Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; 4. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; 5. Instructs its President to forward its position to the Council and Commission.
Application of the law on customs and agricultural matters ***I
P6_TA(2008)0050
European Parliament legislative resolution of 19 February 2008 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (COM(2006)0866 — C6-0033/2007 — 2006/0290(COD))
(2009/C 184 E/33)
(Codecision procedure: first reading) The European Parliament, — having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0866), — having regard to Article 251(2) and Articles 135 and 280 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0033/2007), — having regard to Rule 51 of its Rules of Procedure, — having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Budgetary Control (A6-0488/2007),
1. Approves the Commission proposal as amended; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council and Commission.
P6_TC1-COD(2006)0290
Position of the European Parliament adopted at first reading on 19 February 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council amending Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters
(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No …/2008.) C 184 E/122 EN Official Journal of the European Union 6.8.2009
Wednesday 20 February 2008
Population and housing censuses ***I
P6_TA(2008)0056
European Parliament legislative resolution of 20 February 2008 on the proposal for a regulation of the European Parliament and of the Council on population and housing censuses (COM(2007)0069 — C6-0078/2007 — 2007/0032(COD))
(2009/C 184 E/34)
(Codecision procedure: first reading)
The European Parliament,
— having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0069),
— having regard to Articles 251(2) and 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0078/2007),
— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Regional Development (A6-0471/2007),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;
3. Instructs its President to forward its position to the Council and the Commission.
P6_TC1-COD(2007)0032
Position of the European Parliament adopted at first reading on 20 February 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council on population and housing censuses
(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No …/2008.) 6.8.2009 EN Official Journal of the European Union C 184 E/123
Thursday 21 February 2008
Accreditation and market surveillance relating to the marketing of products ***I
P6_TA(2008)0061
European Parliament legislative resolution of 21 February 2008 on the proposal for a regulation of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products (COM(2007)0037 — C6-0068/2007 — 2007/0029(COD))
(2009/C 184 E/35)
(Codecision procedure: first reading) The European Parliament, — having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0037), — having regard to Article 251(2) and Articles 95 and 133 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0068/2007), — having regard to Rule 51 of its Rules of Procedure, — having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on International Trade, the Committee on the Environment, Public Health and Food Safety and the Committee on Industry, Research and Energy (A6-0491/2007),
1. Approves the Commission proposal as amended; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council and Commission.
P6_TC1-COD(2007)0029
Position of the European Parliament adopted at first reading on 21 February 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products, and repealing Regulation (EEC) No 339/93
(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No …/2008.)
Common framework for the marketing of products ***I
P6_TA(2008)0062
European Parliament legislative resolution of 21 February 2008 on the proposal for a decision of the European Parliament and of the Council on a common framework for the marketing of products (COM(2007)0053 — C6-0067/2007 — 2007/0030(COD))
(2009/C 184 E/36)
(Codecision procedure: first reading) The European Parliament, — having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0053), — having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0067/2007), C 184 E/124 EN Official Journal of the European Union 6.8.2009
Thursday 21 February 2008
— having regard to Rule 51 of its Rules of Procedure, — having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on International Trade, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy and the Committee on Legal Affairs (A6-0490/2007),
1. Approves the Commission proposal as amended; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council and Commission.
P6_TC1-COD(2007)0030
Position of the European Parliament adopted at first reading on 21 February 2008 with a view to the adoption of Decision No …/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products, and repealing Decision 93/465/EEC
(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Decision No …/2008/EC.)
Application of certain national technical rules to products lawfully marketed in another Member State ***I
P6_TA(2008)0063
European Parliament legislative resolution of 21 February 2008 on the proposal for a regulation of the European Parliament and of the Council laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC (COM(2007)0036 — C6-0065/2007 — 2007/0028(COD))
(2009/C 184 E/37)
(Codecision procedure: first reading) The European Parliament, — having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0036), — having regard to Article 251(2) and Articles 37 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0065/2007), — having regard to Rule 51 of its Rules of Procedure, — having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Industry, Research and Energy and the Committee on Legal Affairs (A6- 0489/2007),
1. Approves the Commission proposal as amended; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council and Commission. 6.8.2009 EN Official Journal of the European Union C 184 E/125
Thursday 21 February 2008
P6_TC1- COD(2007)0028
Position of the European Parliament adopted at first reading on 21 February 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/ 95/ EC
(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No …/2008.) Notice No Contents (continued) Page
(2009/C 184 E/17) Belarus European Parliament resolution of 21 February 2008 on Belarus ...... 104
(2009/C 184 E/18) North Kivu European Parliament resolution of 21 February 2008 on North Kivu ...... 106
II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES
European Parliament
Tuesday 19 February 2008
(2009/C 184 E/19) Request for defence of the immunity of Claudio Fava European Parliament decision of 19 February 2008 on the request for defence of the immunity and privileges of Claudio Fava (2007/2155(IMM)) ...... 110
(2009/C 184 E/20) Request for defence of the immunity of Witold Tomczak European Parliament decision of 19 February 2008 on the request for defence of the immunity and privileges of Witold Tomczak (2007/2130(IMM)) ...... 111
III Preparatory acts
European Parliament
Tuesday 19 February 2008
(2009/C 184 E/21) Protocol to the Euro-Mediterranean Agreement between the EC and Israel to take account of the accession of Bulgaria and Romania to the EU *** European Parliament legislative resolution of 19 February 2008 on the proposal for a Council decision on the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (15061/2007 — COM(2007)0464 — C6-0445/2007 — 2007/0165(AVC)) ...... 113
(2009/C 184 E/22) Protocol to the Euro-Mediterranean Agreement between the EC and Egypt to take account of the accession of Bulgaria and Romania to the EU *** European Parliament legislative resolution of 19 February 2008 on the proposal for a Council decision on the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (13199/2007 — COM(2007)0487 — C6-0438/2007 — 2007/0180(AVC)) ...... 114
(2009/C 184 E/23) Exposure of workers to the risks arising from physical agents (electromagnetic fields) ***I European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council amending Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (eighteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (COM(2007)0669 — C6-0394/2007 — 2007/0230(COD)) ...... 114
EN (Continued overleaf) Notice No Contents (continued) Page
(2009/C 184 E/24) Installation of lighting and light-signalling devices on wheeled agricultural and forestry tractors (codified version) ***I European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council relating to the installation of lighting and light-signalling devices on wheeled agricultural and forestry tractors (codified version) (COM(2007)0192 — C6-0108/2007 — 2007/0066(COD)) 115
(2009/C 184 E/25) Statutory plates and inscriptions for motor vehicles and their trailers (codified version) ***I European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council on statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment (codified version) (COM(2007)0344 — C6-0193/2007 — 2007/0119(COD)) 116
(2009/C 184 E/26) Rear registration plate lamps for motor vehicles and their trailers (codified version) ***I European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council on rear registration plate lamps for motor vehicles and their trailers (codified version) (COM(2007)0451 — C6-0252/2007 — 2007/0162(COD)) ...... 116
(2009/C 184 E/27) Suppression of radio interference produced by agricultural or forestry tractors (codified version) ***I European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council on the suppression of radio interference produced by agricultural or forestry tractors (electromagnetic compatibility) (codified version) (COM(2007)0462 — C6-0256/2007 — 2007/0166(COD)) . . . 117
(2009/C 184 E/28) Noise level of wheeled agricultural or forestry tractors (codified version) ***I European Parliament legislative resolution of 19 February 2008 on the proposal for a directive of the European Parliament and of the Council relating to the driver-perceived noise level of wheeled agricultural or forestry tractors (codified version) (COM(2007)0588 — C6-0344/2007 — 2007/0205(COD)) ...... 118
(2009/C 184 E/29) European Environment Agency and the European Environment Information and Observation Network (codified version) ***I European Parliament legislative resolution of 19 February 2008 on the proposal for a regulation of the European Parliament and of the Council on the establishment of the European Environment Agency and the European Environment Information and Observation Network (codified version) (COM(2007)0667 — C6-0397/2007 — 2007/0235(COD)) ...... 118
(2009/C 184 E/30) Excise duty applied to manufactured tobacco (codified version) * European Parliament legislative resolution of 19 February 2008 on the proposal for a Council directive on the structure and rates of excise duty applied to manufactured tobacco (codified version) (COM(2007)0587 — C6-0392/2007 — 2007/0206(CNS)) ...... 119
(2009/C 184 E/31) EC-Switzerland Agreement on the MEDIA 2007 programme * European Parliament legislative resolution of 19 February 2008 on the proposal for a Council decision concerning the conclusion of an Agreement between the Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007, and a Final Act (COM(2007)0477 — C6-0328/2007 — 2007/0171(CNS)) ...... 120
EN (Continued overleaf) Notice No Contents (continued) Page
(2009/C 184 E/32) Community Customs Code ***II European Parliament legislative resolution of 19 February 2008 on the Council common position adopted with a view to the adoption of a regulation of the European Parliament and of the Council laying down the Community Customs Code (Modernized Customs Code) (11272/6/2007 — C6-0354/2007 — 2005/0246(COD)) ...... 120
(2009/C 184 E/33) Application of the law on customs and agricultural matters ***I European Parliament legislative resolution of 19 February 2008 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (COM(2006)0866 — C6-0033/2007 — 2006/0290(COD)) ...... 121
P6_TC1-COD(2006)0290
Position of the European Parliament adopted at first reading on 19 February 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council amending Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters ...... 121
Wednesday 20 February 2008
(2009/C 184 E/34) Population and housing censuses ***I European Parliament legislative resolution of 20 February 2008 on the proposal for a regulation of the European Parliament and of the Council on population and housing censuses (COM(2007)0069 — C6-0078/2007 — 2007/0032(COD)) ...... 122
P6_TC1-COD(2007)0032
Position of the European Parliament adopted at first reading on 20 February 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council on population and housing censuses 122
Thursday 21 February 2008
(2009/C 184 E/35) Accreditation and market surveillance relating to the marketing of products ***I European Parliament legislative resolution of 21 February 2008 on the proposal for a regulation of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products (COM(2007)0037 — C6-0068/2007 — 2007/0029(COD)) ...... 123
P6_TC1-COD(2007)0029
Position of the European Parliament adopted at first reading on 21 February 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products, and repealing Regulation (EEC) No 339/93 ...... 123
(2009/C 184 E/36) Common framework for the marketing of products ***I European Parliament legislative resolution of 21 February 2008 on the proposal for a decision of the European Parliament and of the Council on a common framework for the marketing of products (COM(2007)0053 — C6-0067/2007 — 2007/0030(COD)) ...... 123
EN (Continued overleaf) Notice No Contents (continued) Page
P6_TC1-COD(2007)0030
Position of the European Parliament adopted at first reading on 21 February 2008 with a view to the adoption of Decision No …/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products, and repealing Decision 93/465/EEC ...... 124
(2009/C 184 E/37) Application of certain national technical rules to products lawfully marketed in another Member State ***I European Parliament legislative resolution of 21 February 2008 on the proposal for a regulation of the European Parliament and of the Council laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC (COM(2007)0036 — C6-0065/2007 — 2007/0028(COD)) ...... 124
P6_TC1-COD(2007)0028
Position of the European Parliament adopted at first reading on 21 February 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC ...... 125
EN (Continued overleaf) Key to symbols used * Consultation procedure **I Cooperation procedure: first reading **II Cooperation procedure: second reading *** Assent procedure ***I Codecision procedure: first reading ***II Codecision procedure: second reading ***III Codecision procedure: third reading (The type of procedure is determined by the legal basis proposed by the Commission.) Political amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ■ . Technical corrections and adaptations by the services: new or replacement text is highlighted in italics and deletions are indicated by the symbol ||.
EN