Index 
Texts adopted
Thursday, 24 May 2007 - Strasbourg
Common organisation of agricultural markets *
 Common organisation of the market in cereals *
 Verification of credentials of Mr Beniamino Donnici
 Nigeria
 International Trade in Endangered Species of Wild Fauna and Flora (CITES)
 Innovation strategy
 Tackling organised crime
 Kashmir: present situation and future prospects
 Estonia
 The Radio Caracas TV channel case in Venezuela
 Human rights in Syria
 Human rights in Sudan

Common organisation of agricultural markets *
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European Parliament legislative resolution of 24 May 2007 on the proposal for a Council regulation establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (COM(2006)0822 – C6-0045/2007 – 2006/0269(CNS))
P6_TA(2007)0207A6-0171/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0822)(1),

–   having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0045/2007),

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

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0171/2007),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendments by Parliament
Amendment 1
Recital 6
(6)  Simplification should not lead to calling into question the political decisions that have been taken over the years in the CAP. This Regulation should, therefore, essentially be an act of technical simplification. It should not, therefore, repeal or change existing instruments unless they have become obsolete, redundant or should not, by their very nature, be dealt with at Council level, nor introduce new instruments or measures.
(6)  Simplification should not lead to calling into question the political decisions that have been taken over the years in the CAP. This Regulation should, therefore, solely be an act of technical simplification. It should not, therefore, repeal or change existing instruments unless they should not, by their purely technical nature, be dealt with at Council level, nor introduce new instruments or measures.
Amendment 2
Recital 7
(7)  Against this background, this Regulation should not introduce those parts of CMOs which are subject to policy reviews. This is the case with regard to certain parts of the fruit and vegetables, the bananas and the wine sectors. The rules contained in the respective Regulations (EEC) No 404/93, (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1493/1999 should, therefore, only be incorporated into this Regulation to the extent that they are not themselves subject to any policy reforms.
(7)  Against this background, this Regulation should not introduce CMOs which are subject to policy reviews and should only be incorporated into this Regulation once the ongoing policy reforms have been completed.
Amendment 3
Recital 9
(9)  The CMOs for cereals, rice, sugar, dried fodder, seeds, olives, flax and hemp, bananas, wine, milk and milk products and silk worms provide for marketing years mainly adapted to the biological production cycles of each of these products. In the CMOs for fruit and vegetables and processed fruit and vegetables, the Commission has been empowered to fix the marketing years due to the fact that the production cycles of these products vary to a large extent and that in some cases it is not necessary to fix a marketing year. The marketing years as they have been fixed in the mentioned sectors and the power of the Commission to fix the marketing years for the fruit and vegetables and the processed fruit and vegetables sectors should, therefore, be incorporated into this Regulation.
(9)  The CMOs for cereals, rice, sugar, dried fodder, seeds, olives, flax and hemp, bananas, milk and milk products and silk worms provide for marketing years mainly adapted to the biological production cycles of each of these products.
Amendment 4
Recital 11 a (new)
(11a)  Organisations of an interbranch nature set up at the initiative of operator organisations and representing a significant share of the different professional categories of the sector concerned are capable of contributing to greater account being taken of the realities of the market and of facilitating the development of modes of economic behaviour with a view to improving knowledge as well as the organisation of production and product presentation and marketing. Given that the activities of these organisations of an interbranch nature can make a general contribution to the realisation of the objectives of Article 33 of the Treaty, and in particular of those referred to in this Regulation, this Regulation does not call into question the existence and the functioning of this type of organisation in the Member States.
Amendment 5
Recital 20
(20)  Under the basic regulations for the beef and veal, the pigmeat and the sheep meat and goat meat sectors Community scales for the classification of carcases have been established. These schemes are essential for the purposes of price recording and the application of the intervention arrangements in the beef and veal and pigmeat sectors. Moreover, they pursue the objective to improve market transparency. Such carcase classification schemes should be maintained. However, due to their mainly technical character it appears appropriate to entrust the Commission with the necessary powers to adopt the relevant rules, acting on the basis of criteria underlying the existing schemes.
(20)  Under the basic regulations for the beef and veal, the pigmeat and the sheep meat and goat meat sectors Community scales for the classification of carcases have been established. These schemes are essential for the purposes of price recording in the beef and veal and sheep meat and pigmeat sectors and the application of the intervention arrangements in the beef and veal and pigmeat sectors. Moreover, they pursue the objective to improve market transparency. Such carcase classification schemes should be maintained. Classification of adult bovine and sheep carcases should be carried out on the basis of conformation and the degree of fat cover. The combined use of these two criteria makes it possible to divide carcases into classes. Carcases classified in this way should be subject to identification. In order to ensure the uniform application of this Regulation in the Community, provision should be made for on-the-spot checks by a Community inspection committee.
Amendment 6
Recital 25
(25)  Specific instruments are needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions contained so far in the sugar CMO should be transferred to this Regulation to govern the contractual relations between buyers and sellers of sugar beet. Detailed terms have, so far, been subject to the CMO for sugar as Annex II to Regulation (EC) No 318/2006. Given the highly technical character of these terms, it is considered to be more appropriate to deal with these questions at Commission level.
(25)  Specific instruments are needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, framework provisions should be established to govern the contractual relations between buyers and sellers of sugar beet. The diversity of natural, economic and technical situations makes it difficult to provide for uniform purchase terms for sugar beet throughout the Community. Agreements within the trade already exist between associations of sugar beet growers and sugar undertakings. Therefore, framework provisions should only define the minimum guarantees required by both sugar beet growers and the sugar industry to ensure a smooth functioning of the sugar market with the possibility to derogate from some rules in the context of an agreement within the trade.
Amendment 7
Recital 26
(26)  The diversity of natural, economic and technical situations makes it difficult to provide for uniform purchase terms for sugar beet throughout the Community. Agreements within the trade already exist between associations of sugar beet growers and sugar undertakings. Therefore, framework provisions should only define the minimum guarantees required by both sugar beet growers and the sugar industry to ensure a smooth functioning of the sugar market with the possibility to derogate from some rules in the context of an agreement within the trade.
deleted
Amendment 8
Recital 35
(35)  In line with the purpose of this Regulation, the structure of the milk quota should be aligned with that of the sugar quota provisions. Accordingly, the point of departure of the dairy rules should no longer be the obligation to pay an additional levy where the national reference quantity is exceeded but the fixation of national quotas which in case they are overrun give rise to collecting a surplus levy.
(35)  In line with the purpose of this Regulation, the arrangements concerning control of production in the milk sector and those applicable to the sugar sector should be brought together in one section. Accordingly, in the milk sector, the term "national reference quantities" should be replaced by "national quotas" which in case they are overrun give rise to collecting a levy.
Amendment 9
Recital 35 a (new)
(35a)  The essential objective of the milk quota system is to reduce the imbalance between supply and demand for milk and dairy products and the resulting structural surpluses and thereby achieve a better market balance. Accordingly, this system should be continued for seven more consecutive 12-month periods from 1 April 2008. In addition, the method adopted in 1984 of setting a levy to be paid on milk collected or sold directly outside the quota should be maintained.
Amendment 10
Recital 95
(95)  This Regulation confers powers on the Commission which had, in the past, been conferred on the Council for adoption in accordance with the voting procedure of Article 37 of the Treaty. Such Council acts need to remain in force until the Commission adopts the relevant provisions based on the powers conferred on it by this Regulation. To avoid that in such cases there would be parallel provisions adopted by the Council on the one hand and by the Commission on the other, the Commission should be entitled to repeal such Council acts.
(95)  This Regulation confers powers on the Commission which had, in the past, been conferred on the Council for adoption of technical provisions in accordance with the voting procedure of Article 37 of the Treaty. Such Council acts need to remain in force until the Commission adopts the relevant technical provisions based on the powers conferred on it by this Regulation. To avoid that in such cases there would be parallel provisions adopted by the Council on the one hand and by the Commission on the other, the Commission should be entitled to repeal such Council acts. All political provisions should be adopted by the Council pursuant to Article 37 of the Treaty, after consulting the European Parliament.
Amendment 11
Article 1, paragraph 1, point (i)
(i) fruit and vegetables, Part IX of Annex I (hereinafter referred to as "the fruit and vegetables sector");
deleted
Amendment 12
Article 1, paragraph 1, point (j)
(j) processed fruit and vegetables, Part X of Annex I (hereinafter referred to as "the processed fruit and vegetables sector");
deleted
Amendment 13
Article 1, paragraph 1, point (l)
(l) wine, Part XII of Annex I (hereinafter referred to as "the wine sector");
deleted
Amendment 14
Article 1, paragraph 2
2.  In respect of the fruit and vegetables, processed fruit and vegetables, and wine sectors, only the following provisions of this Regulation shall apply:
deleted
(a)  Articles 3 and 4;
(b)  Part IV;
(c)  Article 183;
(d)  Article 184;
(e)  Article 185;
(f)  Article 188 and the first paragraph of Article 189;
(g) point (a) of Article 195.
Amendment 15
Article 2, paragraph 2, points (b a) and (b b) (new)
(ba) "reference price" shall mean the basis price;
(bb) "intervention price" shall mean the price at which intervention takes place.
Amendment 16
Article 3, paragraph 1, point (d)
(d) 1 August to 31 July of the following year for the wine sector;
deleted
Amendment 17
Article 3, paragraph 2
2.  For the products of the fruit and vegetables and processed fruit and vegetables sectors, the marketing years shall, if necessary, be fixed by the Commission.
deleted
Amendment 18
Article 9, point (f a) (new)
(fa) pigmeat
Amendment 19
Article 39
1.  Community scales for the classification of carcases, including the rules concerning the reporting of prices of certain products by the Member States, shall be established by the Commission in respect of the following sectors:
1.  Community scales for the classification of carcases, including the rules concerning the reporting of prices of certain products by the Member States, shall be established in respect of the following sectors:
(a) beef and veal as regards adult bovine animals;
(a) beef and veal as regards adult bovine animals;
(b) pigmeat;
(b) pigmeat;
(c) sheep meat and goat meat.
(c) sheep meat and goat meat.
2.  In establishing the Community scales referred to in paragraph 1, the Commission shall be guided, in particular, by the following criteria:
2.  In establishing the Community scales referred to in paragraph 1, the following criteria shall in particular be taken as a guide:
(a) for carcases of adult bovine animals the scale shall classify carcases on the basis of conformation and the degree of fat cover, enabling the division of carcases into classes and identification of classified carcases;
(a) for carcases of adult bovine animals the scale shall classify carcases on the basis of conformation and the degree of fat cover, enabling the division of carcases into classes and identification of classified carcases;
(b) for pig carcases the scale shall classify carcases on the basis of their lean-meat content in relation to their weight, operate using the principle of direct establishment of the lean-meat percentage on the basis of objective measurement and provide for the division of carcases into classes and their identification;
(b) for pig carcases the scale shall classify carcases on the basis of their lean-meat content in relation to their weight, operate using the principle of direct establishment of the lean-meat percentage on the basis of objective measurement and provide for the division of carcases into classes and their identification;
(c) for sheep and goat carcases, the scale shall classify carcases on the basis of conformation and the degree of fat cover, enabling the division of carcases into classes and identification of classified carcases.
With regard to carcases of light lambs other criteria may be used, in particular weight, meat colour and fat colour.
(c) for sheep and goat carcases, the scale shall classify carcases on the basis of conformation and the degree of fat cover, enabling the division of carcases into classes and identification of classified carcases.
With regard to carcases of light lambs other criteria may be used, in particular weight, meat colour and fat colour.
2a.  With a view to ensuring uniform application of this Regulation in the Community, on-the-spot checks shall be carried out by a Community monitoring committee.
Amendment 20
Article 41, paragraph 1, point (f a) (new)
(fa) bee-keeping
Amendment 21
Article 47, paragraph 1
1.  Agreements within the trade and delivery contracts shall conform to paragraph 3 and to purchase terms to be determined by the Commission, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet.
1.  Agreements within the trade and delivery contracts shall conform to paragraph 3 and to purchase terms laid down in Annex IIa, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet.
Amendment 22
Article 50, introductory part
The Commission may adopt the detailed rules for the implementation of this Section and, in particular:
The Commission may adopt the detailed rules for the implementation of this Section and, in particular, the following elements:
(-a) the modifications to Annex IIa;
Amendment 23
Article 51, introductory part
In order to encourage action by trade organisations and joint trade organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission may take the following measures in respect of the live plants, beef and veal, pigmeat, sheep meat and goat meat, eggs and poultry sectors:
In order to encourage action by trade organisations and joint trade organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission may take the following measures in respect of the live plants, milk and dairy products, beef and veal, pigmeat, sheep meat and goat meat, eggs and poultry sectors:
Amendment 24
Article 51, point (d a) (new)
(da) measures to improve farming.
Amendment 25
Article 52, paragraph 2 a (new)
(2a)  This Regulation shall apply without prejudice to the application of Council Regulation (EC) No 1868/94 of 27 July 1994 establishing a quota system in relation to the production of potato starch1.
_______________
OJ L 197, 30.7.1994, p. 4. Regulation as last amended by Regulation (EC) No 941/2005 (OJ L 159, 22.6.2005, p. 1).
Amendment 27
Article 118, paragraph 1, introductory part
The Member States shall recognise interbranch organisations which:
Subject to the sector-specific provisions and without prejudice to the recognition of similar organisations covering products not concerned by this article, the Member States shall recognise, in accordance with the relevant arrangements, organisations of an interbranch nature which:
Amendment 28
Article 118, paragraph 1, point (a)
(a) are made up of representatives of economic activities linked to the production of, trade in, or processing of products of the following sectors:
(a) are made up of representative organisations of economic activities linked to the production of and trade in and/or processing of products of a given sector;
(i) the olives sector;
(ii) the tobacco sector;
Amendment 29
Article 118, paragraph 1, point (c), introductory part
(c) pursue a specific aim, in particular to:
(c) pursue a specific aim, for example to:
Amendment 30
Article 118, paragraph 1, point (c), point (i)
(i) concentrate and coordinate supply and marketing of the produce of the members;
(i) concentrate and coordinate supply and marketing of the produce concerned;
Amendment 31
Article 118, paragraph 1, point (c), point (ii)
(ii) adapt production and processing jointly to the requirements of the market and improve the product;
(ii) adapt production and/or processing jointly to the requirements of the market and improve the product;
Amendment 32
Article 118, paragraph 1, point (c), point (iv)
(iv) carry out research into sustainable production methods and market developments.
(iv) carry out research and experiments into new sustainable production methods and studies on market developments.
Amendment 33
Article 118, paragraph 1, point (c), point (iv a) (new)
(iva) foster innovation, quality improvements, diversity, product safety, environmental protection and biodiversity.
Amendment 34
Article 118, paragraph 1, point (c), point (iv b) (new)
(ivb) ensure the provision of information on the product at all stages in the production and marketing chain and the promotion of the product.
Amendment 35
Article 118, paragraph 2 a (new)
Organisations of an interbranch nature may ask the authorities which granted them recognition to make the rules, agreements and procedures they have adopted compulsory for all operators working with the product or group of products concerned.
Amendment 36
Article 124
1.   Without prejudice to cases where import licences are required in accordance with this Regulation, the Commission may make imports of one or more products of the following sectors into the Community subject to presentation of an import licence
1.  In respect of the cereals, sugar, rice, flax and hemp, milk and beef and veal sectors (with regard to products referred to in Annex I, part XV, point (a)) and the olive sector (with regard to products falling within CN codes 1509, 1510 00, 0709 90 39, 0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39), all imports into the Community shall be subject to presentation of an import licence.
(a) cereals,
Derogations may, nonetheless, be granted:
(b) rice,
(a) in respect of cereal products with no significant impact on the supply situation on this market;
(c) sugar,
(b) where the management of certain sugar or rice imports does not require an import certificate.
(d) seeds;
(e) olives, with regard to products falling within CN codes 1509, 1510 00, 0709 90 39, 0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39,
(f) flax and hemp, as far as hemp is concerned,
(g) bananas,
(h) live plants,
(i) beef and veal,
(j) milk and milk products,
(k) pigmeat,
(l) sheep meat and goat meat,
(m) eggs,
(n) poultry,
(o) ethyl alcohol.
1a.  In respect of other sectors and products, without prejudice to cases where import licences are required in accordance with this Regulation, the Commission may make imports into the Community subject to presentation of an import certificate.
Amendment 37
Article 135, paragraph 2
2.  Additional import duties shall not be imposed where the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective.
2.  The Council shall verify that additional import duties are unlikely to disturb the Community market, or that their effects are not disproportionate to the intended objective.
Amendment 38
Article 187, paragraph 1 a (new)
The Commission shall endeavour to apply the principle of cost-effectiveness in determining these rules and shall guarantee to the Member States that this will not result in an abnormal increase in their budgetary costs.
Amendment 39
Article 187, paragraph 2 a (new)
The procedures upstream of such penalties shall respect the right of redress and the right to a fair hearing within the meaning of the Convention on the Protection of Human Rights and Fundamental Freedoms of 4 November 1950.
Amendment 40
Article 188, paragraph 1
1.  The Commission shall be assisted by the Management Committee for the Common Organisation of Agricultural Markets (hereinafter referred to as "the Committee").
1.  The Commission shall, depending on the markets concerned, be assisted by the management committees for meat, milk products, vegetable products or perennial crops.
1a.  The Commission shall ensure, by means of procedures and adequate funding, that the experts appointed by Member States have a high level of expertise.
Amendment 41
Article 188, paragraph 1 b (new)
1b.  No later than two years after adoption of this Regulation, the Commission shall evaluate the lessons learnt from the work of the management committees and groups of sectoral experts and shall submit to the European Parliament and the Council a report on this subject accompanied by the comments of the Member States.
Amendment 42
Article 188, paragraph 1 c (new)
1c.  Article 7(3) of Decision 1999/468/EC shall apply to meetings of the management committees.
Amendment 43
Article 188, paragraph 3
3.  The Committee shall adopt its Rules of Procedure.
3.  The committees shall adopt their Rules of Procedure.
Amendment 44
Article 195, paragraph 1, point (a)
(a)  Regulations (EEC) No 234/68, (EEC) No 827/68, (EEC) No 2517/69, (EEC) No 2728/75, (EEC) No 2729/75, (EEC) No 2759/75, (EEC) No 2771/75, (EEC) No 2777/75, (EEC) No 1055/77, (EEC) No 2931/79, (EEC) No 1358/80, (EEC) No 3730/87, (EEC) No 4088/87, (EEC) No 2075/92, (EEC) No 2077/92, (EEC) No 404/93, (EC) No 1254/1999, (EC) No 2529/2001, (EC) No 670/2003, (EC) No 797/2004 and (EC) No 1952/2005 as from 1 January 2008;
(a)  Regulations (EEC) No 234/68, (EEC) No 827/68, (EEC) No 2728/75, (EEC) No 2729/75, (EEC) No 2759/75, (EEC) No 2771/75, (EEC) No 2777/75, (EEC) No 1055/77, (EEC) No 2931/79, (EEC) No 1358/80, (EEC) No 3730/87, (EEC) No 4088/87, (EEC) No 2075/92, (EEC) No 2077/92, (EEC) No 404/93, (EC) No 1254/1999, (EC) No 2529/2001, (EC) No 670/2003, (EC) No 797/2004 and (EC) No 1952/2005 as from 1 January 2008;
Amendment 45
Article 198, paragraph 2, point (e)
(e) as regards the wine sector as well as Article 191, from 1 August 2008;
deleted
Amendment 46
Annex I, Part IX

Text proposed by the Commission

Part IX: Fruit and Vegetables

As regards fruit and vegetables, this Regulation shall cover the products listed in the following table:

CN code

Description

0702 00 00

Tomatoes, fresh or chilled

0703

Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled

0704

Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled

0705

Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

0706

Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled

0707 00

Cucumbers and gherkins, fresh or chilled

0708

Leguminous vegetables, shelled or unshelled, fresh or chilled

ex 0709

Other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60

ex 0802

Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 0802 90 20

0803 00 11

Fresh plantains

ex 0803 00 90

Dried plantains

0804 20 10

Figs, fresh

0804 30 00

Pineapples

0804 40 00

Avocados

0804 50 00

Guavas, mangos and mangosteens

0805

Citrus fruit, fresh or dried

0806 10 10

Fresh table grapes

0807

Melons (including watermelons) and pawpaws (papayas), fresh

0808

Apples, pears and quinces, fresh

0809

Apricots, cherries, peaches (including nectarines), plums and sloes, fresh

0810

Other fruit, fresh

0813 50 31

0813 50 39

Mixtures exclusively of dried nuts of headings 0801 and 0802

1212 99 30

Carobs

Amendment by Parliament

deleted

Amendment 47
Annex I, Part X

Text proposed by the Commission

Part X: Processed Fruit and Vegetable Products

As regards processed fruit and vegetable products, this Regulation shall cover the products listed in the following table:

CN Code

Description

(a)

ex 0710

Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59

ex 0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding olives of subheading 0711 20, fruits of the genus Capsicum or of the genus Pimenta of subheading 0711 90 10 and sweetcorn of subheading 0711 90 30

ex 0712

Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, excluding potatoes dehydrated by artificial heat-drying and unfit for human consumption falling within subheading ex 0712 90 05, sweetcorn falling within the subheadings ex 0712 90 11 and 0712 90 19 and olives falling within subheading ex 0712 90 90

0804 20 90

Dried figs

0806 20

Dried grapes

ex 0811

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading ex 0811 90 95

ex 0812

Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding bananas falling within subheading ex 0812 90 98

ex 0813

Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter excluding mixtures exclusively of nuts of headings 0801 and 0802 falling within subheadings 0813 50 31 and 0813 50 39

0814 00 00

Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions

0904 20 10

Dried sweet peppers, neither crushed nor ground

(b)

ex 0811

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter

ex 1302 20

Pectic substances and pectinates

ex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding:

- fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20

- sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30

- yams, sweet potatoes and similar edible parts of plants containing 5% or more by weight of starch of subheading 2001 90 40

- palm hearts of subheading 2001 90 60

- olives of subheading 2001 90 65

- vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 99

2002

Tomatoes prepared or preserved otherwise than by vinegar or acetic acid

2003

Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than the products of heading 2006, excluding sweetcorn (Zea mays var. saccharata) of subheading ex 2004 90 10, olives of subheading ex 2004 90 30 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2004 10 91

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 excluding olives of subheading 2005 70, sweetcorn (Zea mays var. saccharata) of subheading 2005 80 00 and fruit of the genus Capsicum, other than sweet peppers or pimentos of subheading 2005 99 10 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2005 20 10

ex 2006 00

Fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised), excluding bananas preserved by sugar falling within headings ex 2006 00 38 and ex 2006 00 99

ex 2007

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, whether or not containing added sugar or other sweetening matter, excluding:

– homogenised preparations of bananas of subheading ex 2007 10

– jams, jellies, marmalades, purée or pastes of bananas of subheadings ex 2007 99 39, ex 2007 99 57 and ex 2007 99 98

ex 2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding:

– peanut butter of subheading 2008 11 10

– palm hearts of subheading 2008 91 00

– maize of subheading 2008 99 85

– yams, sweet potatoes and similar edible parts of plants, containing 5% or more by weight of starch of subheading 2008 99 91

– vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99

– mixtures of banana otherwise prepared or preserved of subheadings ex 2008 92 59, ex 2008 92 78, ex 2008 92 93 and ex 2008 92 98

– bananas otherwise prepared or preserved of subheadings ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99

ex 2009

Fruit juices (excluding grape juice and grape must of subheadings 2009 61 and 2009 69 and banana juice of subheading ex 2009 80) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter

Amendment by Parliament

deleted

Amendment 48
Annex I, Part XII

Text proposed by the Commission

Part XII: Wine

As regards wine, this Regulation shall cover the products listed in the following table:

CN codes

Description

(a)

2009 61

2009 69

Grape juice (including grape must)

2204 30 92

2204 30 94

2204 30 96

2204 30 98

Other grape musts, other than those in fermentation or with fermentation arrested otherwise than by the addition of alcohol

(b)

ex 2204

Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009, excluding other grape must of subheadings 2204 30 92, 2204 30 94, 2204 30 96 and 2204 30 98

(c)

0806 10 90

Fresh grapes other than table grapes

2209 00 11

2209 00 19

Wine vinegar

(d)

2206 00 10

Piquette

2307 00 11

2307 00 19

Wine lees

2308 00 11

2308 00 19

Grape marc

Amendment by Parliament

deleted

Amendment 49
Annex II a (new)

Amendment by Parliament

ANNEX IIa

PURCHASE TERMS FOR BEET

POINT I

For the purposes of this Annex "Contracting Parties" means:

(a) sugar undertakings (hereinafter referred to as "manufacturers"),

and

(b) beet sellers (hereinafter referred to as "sellers").

POINT II

1. Delivery contracts shall be made in writing for a specified quantity of quota beet.

2. Delivery contracts shall specify whether an additional quantity of beet may be supplied, and under what terms.

POINT III

1. Delivery contracts shall indicate the purchase prices for the quantities of beet, on the understanding that a distinction shall be drawn depending on whether the quantities of sugar produced from that beet are:

(a) quota sugar;

(b) surplus sugar.

In the case of the quantities referred to in point (a), the prices may not be lower than the minimum price for quota beet indicated in Article 5(1) of Council Regulation (EC) No 318/2006.

2. Delivery contracts shall lay down a fixed sugar content for beet. They shall include a conversion scale showing the different sugar contents and factors for converting the quantities of beet supplied into quantities corresponding to the sugar content shown in the delivery contract.

The scale shall be based on the yields corresponding to the different sugar contents.

3. Where a seller has signed a delivery contract with a manufacturer for the delivery of beet intended for the production of quota sugar, all deliveries by that seller, converted in accordance with paragraph 2 of this Point, shall be considered to be deliveries of beet intended for the production of quota sugar, up to the quantity of beet specified in the delivery contract.

4. Manufacturers producing a quantity of sugar lower than their quota beet for which they have signed pre-sowing delivery contracts shall distribute the quantity of beet corresponding to any additional production up to the amount of their quota among the sellers with whom they have signed pre-sowing contracts for the delivery of beet intended for the production of quota sugar.

Agreements within the trade may derogate from this provision.

POINT IV

1. Delivery contracts shall contain provisions concerning the staggering and normal duration of beet deliveries.

2. Provisions referred to in paragraph 1 shall be those applicable during the previous marketing year, taking account of the level of actual production; agreements within the trade may derogate therefrom.

POINT V

1. Delivery contracts shall provide for beet collection places.

2. Where sellers and manufacturers have already signed a delivery contract for the previous marketing year, the collection places agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements within the trade may derogate from this provision.

3. Delivery contracts shall provide that loading and transport costs from the collection places are to be borne by the manufacturer subject to special agreements based on local rules or usages in operation before the previous marketing year.

4. However, in Denmark, Greece, Spain, Ireland, Portugal, Finland and the United Kingdom, where beet is delivered free-at-factory, delivery contracts shall require manufacturers to contribute to loading and transport costs and shall stipulate the percentage or amounts.

POINT VI

1. Delivery contracts shall provide for reception points for beet.

2. Where sellers and manufacturers have already signed a delivery contract for the previous marketing year, the reception points agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements within the trade may derogate from this provision.

POINT VII

1. Delivery contracts shall provide for the sugar content to be determined using the polarimetric method. A sample of the beet shall be drawn at the time of reception.

2. Agreements within the trade may provide for samples to be drawn at another stage. In such cases, the delivery contract shall provide for a correction to compensate for any drop in the sugar content between the reception and the drawing of the sample.

POINT VIII

Delivery contracts shall provide for gross weight, tare and sugar content to be determined using one of the following procedures:

(a) jointly, by the manufacturer and the beet growers' trade organisation, if an agreement within the trade so provides;

(b) by the manufacturer, under the supervision of the beet growers' trade organisation;

(c) by the manufacturer, under the supervision of an expert recognised by the Member State concerned, provided the seller defrays the costs thereof.

POINT IX

1. Delivery contracts shall require manufacturers to do one or more of the following for the whole quantity of beet delivered:

(a) to return the fresh pulp from the tonnage of beet delivered free of charge to the seller, ex factory;

(b) to return part of that pulp, pressed, dried or dried and molassed, free of charge to the seller, ex factory;

(c) to return the pulp, pressed or dried, to the seller, ex factory; in this case, the manufacturer may require the seller to pay the pressing or drying costs;

(d) to pay the seller compensation which takes account of the possibilities of selling the pulp concerned.

When parts of the whole quantity of beet delivered are subject to different treatment, the delivery contract shall impose more than one of the obligations provided for in the first subparagraph.

2. Agreements within the trade may provide for pulp to be delivered at a stage other than that referred to in paragraph 1(a), (b) and (c).

POINT X

1. Delivery contracts shall fix the time limits for any advance payments and for payment of the purchase price for beet.

2. The time limits referred to in paragraph 1 shall be those valid during the previous marketing year. Agreements within the trade may derogate from this provision.

POINT XI

Where delivery contracts lay down rules covering matters which are dealt with in this Annex, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex.

POINT XII

1. Agreements within the trade shall contain arbitration clauses.

2. Where agreements within the trade at Community, regional or local level lay down rules covering matters which are dealt with in this Regulation, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex.

3. Agreements referred to in paragraph 2 lay down, in particular:

(a) rules on the distribution to sellers of quantities of beet which the manufacturer decides to buy prior to sowing, for the manufacture of sugar within the limits of the quota;

(b) rules on distribution as referred to in Point III(4);

(c) the conversion scale referred to in Point III(2);

(d) rules on the choice and supply of seeds of the varieties of beet to be produced;

(e) the minimum sugar content of beet to be delivered;

(f) a requirement for consultation between the manufacturer and the sellers' representatives before the starting date of beet deliveries is fixed;

(g) the payment of premiums to sellers for early or late deliveries;

(h) details of:

(i) the part of the pulp referred to in Point IX(1)(b),

(ii) the costs referred to in Point IX(1)(c),

(iii) the compensation referred to in Point IX(1)(d);

(i) the removal of pulp by the seller;

(j) without prejudice to the provisions concerning the minimum price for quota beet, as laid down in Article 5(1) of Regulation (EC) No 318/2006, rules on how any difference between the reference price and the actual selling price of the sugar is to be allocated between the manufacturer and sellers.

POINT XIII

Where there is no set agreement within the trade as to how the quantities of beet intended for the manufacture of sugar within the quota limits which the manufacturer offers to buy before sowing should be allocated among the sellers, the Member State concerned may itself lay down rules for such allocation.

Those rules may also grant to traditional sellers of beet to cooperatives delivery rights other than those which they would enjoy if they belonged to such cooperatives.

(1) Not yet published in OJ.


Common organisation of the market in cereals *
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European Parliament legislative resolution of 24 May 2007 on the proposal for a Council regulation amending Regulation (EC) No 1784/2003 on the common organisation of the market in cereals (COM(2006)0755 – C6-0044/2007 – 2006/0256(CNS))
P6_TA(2007)0208A6-0141/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0755)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0044/2007),

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

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0141/2007),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendment by Parliament
Amendment 1
RECITAL 6
(6)  It is therefore necessary to adopt appropriate measures to guarantee the proper functioning of the Community market in cereals. To this end, the discontinuation of the intervention arrangements for maize, as provided for under Regulation (EC) No 1784/2003, would appear to be the most appropriate measure taking into account the facts set out above and the outlets available to producers on the market.
(6)  It is therefore necessary to adopt appropriate measures to guarantee the proper functioning of the Community market in cereals. To this end, the annual volume of purchases of maize under the intervention arrangements as provided for under Regulation (EC) No 1784/2003 should be limited, taking into account the facts set out above.
Amendment 2
ARTICLE 1, POINT 2
Article 5, paragraph 1 (Regulation (EC) No 1784/2003)
2.  In Article 5, paragraph (1) is replaced by the following:
"1. The intervention agencies designated by the Member States shall buy in any common wheat, durum wheat, barley or sorghum offered to them and harvested in the Community, provided that the offers comply with the conditions laid down, in particular in respect of quality and quantity."
deleted
Amendments 3 and 4
ARTICLE 1, POINT 2 A (new)
Article 5, paragraph 1, subparagraphs 1 a and 1 b (new) (Regulation (EC) No 1784/2003)
2a.  In Article 5(1), the following subparagraphs are added:
"By way of derogation from the arrangements laid down in the first subparagraph, intervention buying-in of maize shall be subject to the following annual ceilings:
– 2 million tonnes in the 2007/08 marketing year,
– 1 million tonnes in the 2008/09 marketing year,
– 0 tonnes as from the 2009/10 marketing year.
By 31 December 2008, the Commission shall present a report assessing the trends on the maize market, the economic situation of the sector and the question of whether intervention should be abolished or extended, accompanied, if necessary, by new legislative proposals."

(1) Not yet published in OJ.


Verification of credentials of Mr Beniamino Donnici
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European Parliament decision of 24 May 2007 on the verification of credentials of Mr Beniamino Donnici (2007/2121(REG))
P6_TA(2007)0209A6-0198/2007

The European Parliament,

–   having regard to the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage(1),

–   having regard to Rules 3, 4 and 9 of and Annex I to its Rules of Procedure,

–   having regard to the official communication from the Italian authorities concerning the election to the European Parliament of Mr Beniamino Donnici,

–   having regard to the contestation of the validity of the election to the European Parliament of Mr Beniamino Donnici received from Mr Achille Occhetto on 25 March 2007,

–   having regard to the report of the Committee on Legal Affairs (A6-0198/2007),

A.   whereas paragraphs 1 and 2 of Article 7 of the Act of 20 September 1976 enumerate the positions which are incompatible with membership of the European Parliament,

B.   whereas under Rule 9 of the Rules of Procedure and Annex I thereto, Members of the European Parliament are obliged to make a declaration clearly specifying their professional activities and any other paid position or activity,

C.   whereas Rule 3(5) of the Rules of Procedure states: 'Where the appointment of a Member is due to the withdrawal of candidates from the same list, the committee responsible for the verification of credentials shall ensure that such withdrawals have taken place in accordance with the spirit and the letter of the Act of 20 September 1976 and Rule 4(3)',

D.   whereas national provisions concerning the European electoral procedure must be in keeping with the fundamental principles of the Community legal system, Community primary law and the spirit and letter of the Act of 1976; whereas, therefore, the competent national legislative, administrative and judicial authorities, when applying and/or interpreting their national provisions on the European electoral procedure, cannot fail to take due account of the principles of Community electoral law,

E.   whereas the compatibility of Mr Achille Occhetto's withdrawal with the letter and spirit of the Act of 1976 must be evaluated in the light of Article 6 of that Act, which states that Members of the European Parliament 'shall not be bound by orders or instructions', thus defining the freedom and independence of Members as an authentic key principle,

F.   whereas the Statute for Members of the European Parliament (which will be in force from 2009) states in its Article 2(1) that 'Members shall be free and independent', while the second paragraph of the same article, clearly deriving from the first paragraph, adds: 'Agreements concerning the resignation from office of a Member before or at the end of a parliamentary term shall be null and void',

G.   whereas those provisions of the Statute merely spell out the principle of freedom and independence already contained in the Act of 1976, which are explicitly endorsed by the Statute for the protection of Parliament and its Members,

H.   whereas, although it will not enter into force until the start of the next parliamentary term in 2009, the Statute for Members of the European Parliament is, as the Community legal system currently stands, an instrument of primary law, adopted by the European Parliament with the unconditional approval of the Council and duly published in the Official Journal of the European Union,

I.   whereas the European Parliament and the national authorities responsible for implementing and/or interpreting national provisions on the European electoral procedure must take due account of the principles and provisions of the Statute for Members and must – among other things, in keeping with the principle of loyal cooperation established in Article 10 of the EC Treaty – refrain from adopting measures or provisions that are clearly at odds with that Statute,

J.   whereas the principles and provisions of the Statute for Members unquestionably form part of the principles which are referred to in Article 6 of the Treaty on European Union and on which the European Union is founded (including the principles of democracy and the rule of law) and which it must respect as general principles of Community law,

K.   whereas the legal scope of Article 6 of the Act of 1976 includes candidates who are officially on a post-electoral list, this being in Parliament's interest since such candidates are potential Members of the European Parliament,

L.   whereas Mr Achille Occhetto's withdrawal arises from an agreement, made prior to the proclamation of those elected in the elections to the European Parliament of 12 and 13 June 2004, with the other member of the list 'Società civile Di Pietro-Occhetto', and should therefore be regarded as incompatible with the letter and spirit of the Act of 1976 and, consequently, as null and void,

M.   whereas if Mr Achille Occhetto's withdrawal is to be regarded as null and void, then the mandate of his successor Beniamino Donnici cannot be justified in law or in fact,

N.   whereas, in a decision of 21 July 2006, the Lazio Regional Administrative Tribunal (the court of first instance in the matter) ruled that Mr Achille Occhetto's withdrawal, made before the proclamation of the names of those elected, could not be regarded as a withdrawal from his position on the post-electoral list, on the grounds that respect for the will of the people requires that the election results cannot be altered, and that it is without effect as regards the adoption of any possible acts of substitution in cases of incompatibility, loss of civil rights, ineligibility or resignation from an appointment or position on the part of those originally entitled thereto; whereas it follows that a candidate who does not wish to take up the position to which he has been elected has the right, where the conditions for substitution apply, to cancel his own withdrawal with a view to occupying the place to be covered by means of substitution,

O.   whereas the Italian Council of State, in a final judicial ruling, annulled the proclamation of Mr Achille Occhetto's election to the European Parliament,

P.   whereas under Article 12 of the Act of 1976 it is the European Parliament – and the European Parliament alone – that verifies the credentials of its Members elected by universal suffrage; whereas this fundamental prerogative of the European Parliament may not be challenged or, still less, invalidated by a decision adopted by national authorities in clear breach of the relevant rules and principles of Community law, even if that decision was finally adopted by the supreme judicial body of the relevant State, as was the case with the ruling of the Italian Council of State that is at issue here; whereas in its case-law the Court of Justice has confirmed the validity of this prerogative, including vis-à-vis final national rulings handed down in breach of Community law, and has found against the State,

Q.   whereas Parliament may legitimately both refuse to validate the mandate of Mr Beniamino Donnici and ignore the decision of the Italian Council of State on the grounds that it contradicts the letter and spirit of the Act of 1976, thus upholding the mandate of Mr Achille Occhetto,

1.  Declares the mandate as Member of the European Parliament of Mr Beniamino Donnici, whose election was communicated by the national authorities, to be invalid;

2.  Confirms the validity of the mandate of Mr Achille Occhetto;

3.  Instructs its President to forward this decision to the Italian national authorities, to Mr Beniamino Donnici and to Mr Achille Occhetto.

(1) OJ L 278, 8.10.1976, p. 5. Act as last amended by Decision 2002/772/EC, Euratom (OJ L 283, 21.10.2002, p. 1).


Nigeria
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European Parliament resolution of 24 May 2007 on the recent elections in Nigeria
P6_TA(2007)0210B6-0201/2007

The European Parliament,

–   having regard to the Statement of Preliminary Findings and Conclusions of the European Union Election Observation Mission to the Federal Republic of Nigeria of 23 April 2007,

–   having regard to the Declaration of Principles for International Election Observation and the Code of Conduct for International Election Observers, commemorated at the United Nations on 27 October 2005,

–   having regard to the Commission's Communication of 11 April 2000 on EU Election Assistance and Observation (COM(2000)0191),

–   having regard to Rule 103(2) of its Rules of Procedure,

A.   whereas the 2007 state and federal elections in Nigeria fell short of basic international and regional standards for democratic elections and cannot be regarded as credible, free and fair,

B.   whereas those elections did not live up to the hopes and expectations of the Nigerian people, who eagerly engaged in the electoral process and voted under often very difficult circumstances, showing strong determination to cast their vote and make use of their democratic right despite the atmosphere of voter insecurity and fear in many areas,

C.   whereas the European Union Election Observation Mission concluded that the elections were deeply flawed due to poor organisation, lack of transparency, widespread procedural irregularities, significant evidence of fraud, particularly during the result collation process, voter disenfranchisement at different stages of the process and lack of equal conditions for contestants,

D.   whereas, instead of guaranteeing the basic right of citizens to vote freely, the Nigerian Government and electoral officials actively colluded in the fraud and violence or at least ignored human rights abuses committed by supporters of the ruling party and others,

E.   whereas, on state elections day, polling stations opened very late or not at all, lacked sufficient materials, and had an insufficient number of election officials, most of them without adequate training,

F.   whereas secrecy of the ballot was frequently not guaranteed due to the lack of polling booths and poor layout of polling stations, procedures were not followed correctly, independent monitoring was partially hampered, and under-age voting was witnessed,

G.   whereas EU observers reported irregularities during the counting and collation process, including incidents of disruption, no counting, and discrepancies between results, and polling station results were not publicly displayed at any level of the election administration throughout the country,

H.   whereas these problems led to violence, which resulted in at least 50 people being killed, and as many wounded, over the period preceding and following the state elections on 14 April 2007, half of the deaths occurring in the Niger Delta region, and led to chaos, including incidents of hijacking of ballot boxes by groups of thugs,

I.   whereas it was possible to remedy some of the deficiencies between the ballots held on 14 April and 21 April 2007, and whereas concrete steps could have been taken by political parties and the police to create a peaceful and stable environment,

J.   whereas on federal elections day EU Observers witnessed the same type of irregularities as on 14 April 2007, namely ballot box stuffing, alteration of official result forms, theft of sensitive polling materials, vote buying and under-age voting,

K.   whereas the end result in both cases was a landslide victory for the ruling People's Democratic Party (PDP), in some cases with 100 per cent of all votes cast being in favour of the PDP,

L.   whereas serious concerns have been raised by political parties, civil society and the media about the conduct of the elections,

M.   whereas the Transition Monitoring Group, the largest domestic observer organisation in Nigeria, called for the rerun of the presidential polls,

N.   whereas the Independent National Electoral Commission (INEC) did not prepare well for the elections and did not inspire confidence among election stakeholders regarding its capacity and impartiality,

O.   whereas preparatory phases of the elections revealed failings in terms of basic fairness for the opposition, transparency, voter registration and respect for the rule of law, with President Olusegun Obasanjo attempting to exclude candidates,

P.   whereas the Obasanjo presidency has recorded impressive achievements and championed democracy across Africa, but now needs to consolidate these positive steps and commit itself to free and fair elections, in accordance with international standards,

Q.   whereas women remain underrepresented as candidates and within the electoral administration,

R.   whereas the general elections offered a possibility for the country to experience its first-ever transition of power from one civilian leadership to another, thus consolidating democracy,

S.   whereas with Nigeria's 140 million people making up some 250 ethnic groups and living in 36 states, each with its own governor and legislature, and with 64 million registered voters, the elections were the largest ever held in Africa,

T.   whereas the transparency and credibility of the elections strongly affect the international standing of Nigeria, as well as the quality of bilateral relations and economic cooperation,

U.   whereas, in order for elections to be successful and credible, immediate and proactive national, regional and wider international involvement is required in order to guard against electoral violence and manipulation,

V.   whereas, despite the professional work carried out by the EU Election Observation Mission in building voter confidence in general by exposing irregularities, deterring fraud and providing recommendations to improve the electoral process, the credibility of the EU is damaged by the lack of a coherent post-electoral policy when it comes to addressing failed elections,

W.   whereas the stability of Nigeria is in the balance,

1.  Calls for urgent remedial action by the relevant authorities and stakeholders in order to restore the conditions for holding credible and transparent elections in Nigeria;

2.  Urges the Nigerian authorities to investigate election irregularities urgently, thoroughly and transparently and to take immediate action to redress the situation and to make the perpetrators of those irregularities accountable for their actions;

3.  Calls for concrete measures to establish a truly independent election administration which is fully capable of conducting free and fair elections;

4.  Affirms that the Nigerian people are entitled to new credible elections, to be held under a truly independent and efficient INEC; emphasises that, as matters currently stand, the INEC is not able to meet the organisational and logistical challenges it faces;

5.  Regrets that the Electoral Act 2006 still fails to meet fundamental transparency requirements, in particular regarding the collation and publication of results, and calls for it to be amended;

6.  Notes that a committee, made up of Members of the House of Representatives and of the Senate belonging to all parties, could be set up to revise the election process and to come forward with suggestions for new and credible elections;

7.  Regrets that despite an improved atmosphere in which freedoms of expression and assembly were broadly respected during the campaign, with courts playing a generally positive and independent role and people genuinely committed to democracy, the elections cannot be regarded as credible;

8.  Strongly regrets that, despite the Government's arrangements for massive deployment of the police, army and state security services, the elections led to deaths, even before vote-counting began and sometimes even before votes were cast, with at least 200 people, including candidates and police officers, being killed in election-related incidents;

9.  Calls on the Nigerian authorities, the INEC and political parties to investigate all cases of violence and to hold perpetrators of such violence to account;

10.  Condemns the atmosphere of impunity for electoral violations, executive immunity and the practice of hiring thugs to perpetrate electoral violence, and calls for concrete action in this area;

11.  Calls on the Nigerian Government not to interfere with legal challenges to the electoral process and calls on the opposition political parties to use the electoral court procedures, to refrain from the use of violence and to support joint African Union-Economic Community of West African States (AU-ECOWAS) mediation to hold new, credible elections in order to find solutions to the dramatic post-electoral situation;

12.  Welcomes the mechanisms established by the Courts of Appeal to simplify and ensure timely determination of post-election petitions, but regrets that aggrieved opposition parties which filed petitions before the Election Petition Tribunal were still waiting for hearings to commence two weeks after the presidential vote;

13.  Calls for effective and widespread civic rights and electoral education and stresses the need to tackle widespread illiteracy, which denies Nigerian people access to the printed press and is also one of the main constraints on participation in elections, especially for women;

14.  Endorses the conclusions of the European Union Election Observation Mission;

15.  Calls on the Commission to submit to the Council and the European Parliament a coherent and credible proposal on EU post-election policy which respects the free choice of the population in a given country, and fears that the current 'business as usual' policy is damaging and defeats the credibility of EU Election Observation Missions;

16.  Stresses that EU aid to Nigeria should not be given to federal or state structures until new, credible elections have been held; points out that such aid must benefit the Nigerian people and should therefore be used for good governance, democratisation, voter education and community-based basic social services, particularly through civil society organisations;

17.  Calls on the Commission and its Delegation in Nigeria to ensure that the Government has no involvement in the selection of projects or the implementation of any funding under the European Instrument for Democracy and Human Rights, which is explicitly designed to operate without host country consent;

18.  Urges the Federal Government to combat the patterns of corruption, violence and impunity that have undermined governance in much of the country, especially at state and local levels, and have kept the majority of the citizens of Nigeria in poverty and deprived of basic health and education services, and to respect human rights;

19.  Calls on the Nigerian authorities to start negotiating with local populations on the future of the Niger Delta region, namely on its social, economic and environmental development;

20.  Notes that achieving the Millennium Development Goals is a key aspect of democracy and contributes to improving social justice and economic development;

21.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Government of Nigeria, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly, the Chairmen of the Commission and Executive Council of the African Union and the Commission and Council of Ministers of the Economic Community of West African States.


International Trade in Endangered Species of Wild Fauna and Flora (CITES)
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European Parliament resolution of 24 May 2007 on the EU strategic objectives for the 14th Meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to be held in The Hague, 3-15 June 2007
P6_TA(2007)0211B6-0200/2007

The European Parliament,

–   having regard to the 14th Meeting of the Conference of the Parties (CoP 14) to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to be held from 3 to 15 June 2007 in The Hague, the Netherlands,

–   having regard to Rule 108(5) of its Rules of Procedure,

A.   whereas CITES is the largest global wildlife conservation agreement in existence, preventing the over-exploitation of wild fauna and flora through international trade, with 171 parties, including the 27 Member States of the European Union,

B.   whereas human consumption of natural resources, habitat destruction, climate change, over-exploitation of wild species and illegal trade in wild fauna and flora are the main causes of the impoverishment of the earth's biodiversity,

C.   whereas scientific reports predict that climate change will exacerbate the loss of biodiversity and the situation of endangered species,

D.   whereas public awareness in consumer countries has been, and remains, essential to the control of poaching and illegal international trade in endangered species of wild fauna and flora,

E.   whereas illegal trade seriously undermines the global agenda of environmental and developmental sustainability,

F.   whereas the EU's Sustainable Development Strategy provides the framework for responsible and sustainable management of natural resources,

G.   whereas a UK Presidency workshop on "EU Wildlife Trade Law Enforcement Coordination", held from 25 to 27 October 2005, resulted in a widely endorsed draft Action Plan for Combating Illicit Wildlife Trade in the European Union (2006-2010),

H.   whereas CITES has a complementary role to that of the Food and Agriculture Organization (FAO) and other international bodies in the conservation of marine species which may be threatened by international trade,

I.   whereas the International Whaling Commission (IWC), recognised by CITES as the body having authority to regulate the conservation and management of whales, has decreed a worldwide moratorium on commercial whaling,

J.   whereas Japan has proposed in CoP 14 Doc. 51 that all cetaceans in Appendix I that are managed by the IWC be included in the Periodic Review of the Appendices, that the CITES Resolution Conf. 11.4 setting out the relationship between the IWC and CITES be amended and that the IWC provide scientific data and advice on CITES listings of whale species,

K.   whereas the European Parliament in its resolution of 7 July 2005 on speeding up implementation of the EU action plan on Forest Law Enforcement, Governance and Trade (FLEGT)(1) expressed its disappointment regarding the "extraordinarily slow progress" in the FLEGT process; whereas in the absence of compulsory and comprehensive regulations prohibiting the importing of illegal and unsustainably harvested timber into the EU, CITES initiatives to regulate international trade in timber species are essential,

L.   whereas at CoP 12, contrary to the European Parliament recommendation, a decision was adopted to allow a one-off sale of government-owned ivory stocks from Botswana, Namibia and South Africa, subject to conditions, and whereas the conditions for trade laid down in those decisions have still not been fulfilled,

M.   whereas seizures of illegal ivory have increased significantly since CoP 13, and 20 000 or more elephants are estimated to be killed annually; whereas further opening of the ivory trade would have a detrimental impact on already depleted and fragmented elephant populations in other countries across Africa and Asia,

N.   whereas the Convention on the Conservation of Migratory Species of Wild Animals has listed the Great White Shark in Appendices I and II of that convention, whereas Australia listed the species in CITES Appendix III in 2001, with reservations from Norway and Japan, and whereas the World Conservation Union (IUCN) has listed the species as "vulnerable" on the IUCN Red List of Threatened Species since 1996,

O.   whereas Asian big-cat populations are under increasing threat and there has been a disappointing lack of progress in taking firm action to halt the decline of tigers and other big cats,

P.   whereas universal caviar labelling requirements were introduced in May 2005 to regulate the caviar trade,

Q.   whereas species conservation must remain the grounds for justifying listing decisions and whereas considerations on the impact on people's livelihoods should be taken into account in implementing listing decisions,

R.   whereas there is nothing to prevent the EU from adopting stricter measures internally on imports of wild animals, based on species-conservation objectives or other grounds, such as concerns for animal welfare,

1.  Calls on the Commission and the Member States to use the precautionary principle as the leading principle for all their decisions on working documents and listing proposals, also taking into account the user-pays principle, the ecosystem approach and traditional conservation principles;

2.  Calls on the Commission and the Member States to ensure that any decisions aimed at enhanced coordination between CITES and other biodiversity-related conventions do not undermine the nature of CITES as a global conservation agreement or CITES" strict conservation measures;

3.  Strongly opposes the use of secret ballots and is disappointed that the CITES Standing Committee has not come forward with proposals to exclude the possibility of using secret voting in the decision-making process of the Convention;

4.  Welcomes the proposals by Kenya and Mali to establish a 20-year moratorium on all ivory trade, supported by Togo and Ghana, as well as the Accra Declaration, which calls for a ban on the ivory trade and is signed by representatives of 19 African countries;

5.  Recalls that the proposed moratorium will not affect the decision taken at CoP 12 to allow, subject to conditions, a one-off sale of government-owned ivory stocks from Botswana, Namibia and South Africa;

6.  Stresses that acceptance of the proposal by Kenya and Mali would give time to refine MIKE (Monitoring Illegal Killing of Elephants) and allow the international community to change the focus of the debate from the ivory trade to the real threats to elephants and their habitats;

7.  Urges that the decision taken at CoP 13 for the implementation of an action plan for the control of trade in African elephant ivory, including reporting requirements, be fully executed by African governments in collaboration with NGOs;

8.  Calls on the Commission to support efforts to improve and monitor tiger conservation, for example by identifying legislative gaps, implementation difficulties, and enforcement and capacity weaknesses;

9.  Calls on the Commission to report on progress in implementing the caviar labelling requirements, to encourage other key producing and consuming states in Europe, North America and Asia to implement the labelling system, and to strengthen the process for establishing sustainable export quotas based on the most reliable and up-to-date scientific information;

10.  Urges the EU to support the following proposals for the CoP:

   the transfer of Nycticebus spp. (slow loris) from CITES Appendix II to Appendix I;
   the rejection of the deletion of Lynx rufus (bobcat) from CITES Appendix II owing to the look-alike problem with the European lynx (Lynx lynx) and the Iberian lynx (Lynx pardinus);
   the listing of the two shark species Lamna nasus (porbeagle) and Squalus acanthias (spiny dogfish) in CITES Appendix II tabled by Germany on behalf of the Member States;
   the listing of Pristidae spp. (sawfish) which are all listed as Critically Endangered by IUCN in CITES Appendix I;
   the listing of Anguilla anguilla (European eel) in CITES Appendix II tabled by Germany on behalf of the Member States;
   the listing of Pterapogon kauderni (Banggai cardinalfish) in CITES Appendix II;
   the listing of tropical tree taxa brazilwood (Caesalpinia echinata), rosewood (Dalbergia retusa, Dalbergia granadillo and Dalbergia stevensonii) and cedar (Cedrela spp) in CITES Appendix II;
   the listing of Lycaon pictus (African wild dog) in CITES Appendix II;
   the working document on compliance and enforcement tabled by Germany on behalf of the Member States;
   the working document on internet trade in specimens of CITES listed species tabled by Germany on behalf of the Member States;
   the four proposals by Algeria to list Cervus elaphus barbarus (Barbary red deer), Gazella cuvieri (Atlas Mountain gazelle), Gazella dorcas (dorcas gazelle), Gazella leptoceros (slender-horned gazelle) in CITES Appendix I;
   the working document on trade in traditional medicines tabled by Australia;
   the proposal by Kenya and Mali to establish a 20-year moratorium on all ivory trade;

11.  Urges the Commission and the Member States to reject:

   CoP 14 Doc. 51 on cetaceans by Japan;
   export quotas for Diceros bicornis (black rhinoceros) for Namibia and South Africa;
   the replacement of all existing annotations to the listings of the Botswana, Namibian, South African and Zimbabwe elephant populations in CITES Appendix II to allow the establishment of annual export quotas for trade in raw ivory;
   the amendment to the annotation to the listing of the Botswana elephant population in CITES Appendix II to allow for the establishment of annual export quotas for trade in raw ivory, trade in live animals for commercial purposes, trade in leather goods for commercial purposes, trade in hides for commercial purposes and trade in hunting trophies for non-commercial purposes;
   the proposal expanding trade in wool from Vicugna vicugna (vicuña) to nine populations in Bolivia, as some of these populations are very small;
   the proposal to transfer the Brazilian population of Melanosuchus niger (black caiman) from CITES Appendix I to Appendix II;
   the proposal to downlist the leopard (Panthera pardus) population to Appendix II of CITES and to increase the export quota for hunting trophies from Mozambique;

12.  Understands that CITES can best contribute to the livelihoods of the poor through ensuring implementation and enforcement of the convention and preventing unregulated and illegal trade, and therefore calls on the Commission and Member States to withdraw CoP 14 Doc.14, "CITES and Livelihoods";

13.  Calls on the Commission and Member States to step up international cooperation in the implementation of CITES by developing a strategy with identified priorities to facilitate implementation and by providing additional incentives and financial support, particularly for training and technical assistance in species identification and enforcement measures;

14.  Recalls that the European Union is one of the largest markets for the illegal wildlife trade and that compliance varies between Member States, and calls on the Commission and Member States to step up coordination of their efforts to enforce EU wildlife trade legislation;

15.  Urges those parties to CITES which have not done so to ratify the Gaborone Amendment, which would allow the European Community to become a contracting party to CITES;

16.  Instructs its President to forward this resolution to the Council, the Commission, the parties to CITES and the CITES Secretariat.

(1) OJ C 157 E, 6.7.2006, p. 482.


Innovation strategy
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European Parliament resolution of 24 May 2007 on putting knowledge into practice: a broad-based innovation strategy for Europe (2006/2274(INI))
P6_TA(2007)0212A6-0159/2007

The European Parliament,

–   having regard to the Commission Communication entitled "Putting knowledge into practice: A broad-based innovation strategy for the EU" (COM(2006)0502),

–   having regard to the Commission Communication entitled "Investing in research: an action plan for Europe" (COM(2003)0226),

–   having regard to the Commission Communication on implementation of the Community Lisbon Programme entitled "More research and innovation – investing for growth and employment: a common approach" (COM(2005)0488) and the relevant Commission working documents (SEC(2005)1253 and SEC(2005)1289),

–   having regard to the report of 20 January 2006 of the independent group of experts on R&D and innovation, constituted after the Hampton Court summit of 27 October 2005, entitled "Creating an innovative Europe" (the so-called Aho report),

–   having regard to the Presidency conclusions of the Lisbon European Council of 23 and 24 March 2000, which aimed to make Europe the most competitive and dynamic knowledge-based economy in the world, and the Presidency conclusions of the Brussels European Councils of 22 and 23 March 2005 and 23 and 24 March 2006,

–   having regard to the conclusions of the 2 769th meeting of the Competitiveness Council of 4 December 2006,

–   having regard to the Commission Communication to the Spring European Council entitled "Working together for growth and jobs – a new start for the Lisbon Strategy" (COM(2005)0024),

–   having regard to the Commission Communication entitled "Community actions for growth and employment: the Community Lisbon Programme" (COM(2005)0330),

–   having regard to the Commission Communication entitled "Implementing the Community Lisbon Programme: Financing SME Growth – Adding European Value" (COM(2006)0349),

–   having regard to the national reform programmes (NRPs) presented by the Member States, the Member States' autumn 2006 reports on the implementation of their NRPs, and the assessment of the NRPs by the Commission in its annual progress report (COM(2006)0816),

–   having regard to Council Recommendation 2005/601/EC of 12 July 2005 on the broad guidelines for the economic policies of the Member States and the Community (2005 to 2008)(1) and Council Decision 2005/600/EC of 12 July 2005 on Guidelines for the employment policies of the Member States(2), which together form the "Integrated guidelines for growth and jobs",

–   having regard to Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013)(3) (FP7),

–   having regard to Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013)(4) (CIP),

–   having regard to the proposal for a Regulation of the European Parliament and the Council establishing the European Institute of Technology (COM(2006)0604),

–   having regard to the proposal for a Council Regulation on the Community patent (COM(2000)0412), and the text thereof as revised by the Presidency,

–   having regard to the Community framework for State aid for research and development and innovation(5), and the Commission Communication entitled "Towards a more effective use of tax incentives in favour of R&D" (COM(2006)0728),

–   having regard to the Commission staff working document entitled "European Competitiveness Report 2006" (SEC(2006)1467) and the Commission Communication entitled "Economic reforms and competitiveness: key messages from the European Competitiveness Report 2006" (COM(2006)0697),

–   having regard to the European innovation scoreboard 2006, which clearly shows that the USA and Japan remain ahead of the EU in this field,

–   having regard to the OECD Science, Technology and Industry Outlook 2006,

–   having regard to its resolution of 5 July 2006 on implementing the Community's Lisbon Programme: more research and innovation – investing for growth and employment: a common approach(6),

–   having regard to its resolution of 12 October 2006 on future patent policy in Europe(7),

–   having regard to its resolution of 15 March 2006 on the input to the Spring 2006 European Council in relation to the Lisbon Strategy(8),

–   having regard to the report by the group of experts of July 2004 entitled "Improving institutions for the transfer of technology from science to enterprise",

–   having regard to the own-initiative opinion of the European Economic and Social Committee entitled "Investment in knowledge and innovation" (CESE 40/2007, INT/325),

–   having regard to the i2010 initiative, and particularly to the Commission Communication entitled "i2010 e-government action plan: accelerating e-government in Europe for the benefit of all" (COM(2006)0173),

–   having regard to the Commission working document on innovation in services of November 2006,

–   having regard to its resolution of 10 May 2007 on the contribution of the future regional policy to the innovative capacity of the European Union(9),

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Economic and Monetary Affairs, the Committee on the Internal Market and Consumer Protection, the Committee on Regional Development and the Committee on Legal Affairs (A6-0159/2007),

A.   having regard to the state of progress of the Lisbon Strategy and consequently the importance, in view of global competition, of an even more extensive innovation strategy,

B.   whereas diversity through innovation is one of the paths open to the EU to meet the challenges of globalisation,

C.   whereas both the transfer of academic results, particularly to small and medium-sized enterprises (SMEs), and the availability of research results, especially for innovations with a social dimension, should be increased, and whereas the geographical concentration of innovation platforms should be addressed so that use can be made of the skills and diversity found in different EU regions,

D.   whereas insufficient use is made of the vast reserves of specialist scientific knowledge in research centres in the EU,

E.   whereas the environment in the innovation support field is not competitive and lacks transparent and fair conditions for all players carrying on innovative activities, including small innovative companies and technological innovation centres,

F.   whereas the conventional approach to driving innovation, combining "technological-push" and "demand-pull", is not in itself sufficient and requires the simultaneous promotion of favourable market conditions to create a regulatory environment that is conducive to innovation,

G.   whereas a well-functioning internal market, supported by Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market(10), creates a favourable environment for innovation through increased competition in a larger and more stable economic area, attracting greater investment and encouraging the mobility of workers,

H.   whereas barriers that continue to hamper the mobility of goods, services and the labour force persist in the single market, depriving European businesses of the scale necessary to capitalise on investments in research and innovation,

I.   whereas the main objective of innovation is to boost the EU's competitiveness and give its citizens a better quality of life,

J.   whereas the principle of excellence, which is appropriate mainly in the support of top priority scientific research, hinders healthy competition in the area of innovation support and excludes smaller players (innovative companies, technological and innovation centres, research centres) from support programmes,

K.   whereas innovation also makes it possible to maintain traditional sectors,

L.   having regard to the role of innovation in devising social models in the Member States,

M.   whereas innovation can contribute to the integration of social groups such as the disabled,

N.   whereas goods, services and processes offer an underexploited innovation potential in the EU,

O.   having regard to the importance of institutional support for the process of innovation and copyright knowledge management,

P.   having regard to the funding of innovation policy and the increasingly important role of public procurement and public-private partnerships,

Q.   whereas education, including interdisciplinary teaching covering areas that overlap with traditional subjects is a precondition for innovation and innovation should be an integral part of education programmes at all levels of teaching,

R.   whereas lifelong learning can contribute to the development of knowledge about innovation and promoting the information society helps to combat marginalisation on the job market,

S.   whereas establishing European quality standards and rules concerning the early phase of development of new-generation products and services could inspire innovation,

T.   whereas FP7 should facilitate the establishment of a stronger and more extensive European research area, focused on specific tasks,

U.   whereas the definition of innovation in the OECD's Oslo Manual has received a broad interpretation and is becoming the standard in the Community institutions,

1.  Welcomes the Commission's proposal to launch a new initiative for lead markets, aimed at facilitating the marketing of new innovative products and services in areas where the EU can become the world leader; takes the view that the new lead market initiative, which should concentrate particularly on the creation and marketing of new innovative products and services, must be started up particularly in fields where there is a large potential demand, whilst ensuring that the less developed regions are not left behind;

2.  Points to the importance, when devising policies to support innovation, of focusing on innovation in the wider sense so as to include both the services sector, including tourism, as well as non-technological innovation, in other words innovation in the field of marketing and organisation; fully endorses the conclusions of the Competitiveness Council of 4 December 2006 calling on the Commission to draw up political guidelines concerning innovation relating to services and non-technological innovation and calls on the Commission to involve in particular organisations representing small enterprises and cottage industries in these deliberations;

3.  Notes that although SMEs, clusters and cooperation between organisations, enterprises, universities and research centres have a particular role to play in creating and implementing innovative solutions, including in low and medium-tech sectors, systematic public support with transparent conditions is missing; welcomes, nevertheless, the new framework for State aid for R&D and innovation which provides a list of specific measures supporting SME innovation activities;

4.  Urges the Member States to revitalise European businesses and their potential to innovate by cutting red tape, thereby improving the quality of regulation whilst reducing the administrative burden; is of the firm opinion that better regulation, in particular lightening the unnecessary regulatory burdens on SMEs, will encourage favourable market conditions and help place new innovative products and services on lead markets, and that it will also increase consumer trust and confidence and encourage initiatives such as the proposed Eurostars programme;

5.  Welcomes the launching of the broad-based innovation strategy for small and micro enterprises, whose innovation potential, particularly as regards low and medium-level technology and non-technological innovation, has not so far been sufficiently recognised and exploited; regrets, however, that the abovementioned Commission Communication on putting knowledge into practice fails to propose operational measures in respect of such enterprises; calls therefore on the Commission and the Council to integrate their special features and needs in the ten priorities of the broad-based innovation strategy and urges the Commission, in conjunction with their representative organisations, to submit to the Council and Parliament a specific programme for developing innovation in the broad sense of the term in such enterprises, whatever their field of activity;

6.  Underlines the importance of science, technology and innovation in education and culture; emphasises the need to introduce into education programmes activities and initiatives designed to attract young people to science and innovation; is of the opinion that the quality and quantity of lifelong learning courses must be improved and increased and that the use of information and communication technologies (ICTs) must be encouraged in order to create a knowledge-based society that will benefit European innovation;

7.  Recommends that the Commission and the Member States evaluate the creation of a truly European system of further education, which would help to build a stronger European labour market;

8.  Considers that measures at EU, regional and local levels are needed to increase the number of science, engineering and technology graduates, particularly female graduates, also in primary research and notably by using the Specific Programme People implementing FP7, by supporting grants, awards and other incentives, and by encouraging women to set up innovative enterprises, particularly through mentoring projects and other forms of support;

9.  Proposes the installation of the technological and scientific infrastructure needed for creating innovative solutions in existing tertiary educational establishments, so as to provide research centres with development prospects; recalls the importance of funding for high-quality physical and technological infrastructure in order to attract investment and facilitate labour mobility;

10.  Stresses that innovatory processes require adequate territorial organisation, with the creation of new models for relations between enterprises, research centres, universities (such as clusters, districts and platforms) and points to the positive effect innovation can have on organisational processes; invites the Member States to use the Structural Funds for building new and strengthening existing technical infrastructure for innovation development in the form of innovation centres, technical incubators and research-development centres in the regions endowed with sufficient innovative and knowledge potential; takes the view that a pre-condition of innovative capacity-building in the EU is free or low-cost broadband access, which serves to facilitate knowledge-based enterprise; welcomes efforts to promote knowledge transfer between universities and other public research organisations and industry;

11.  Invites the Member States to consider and implement tax incentives that encourage enterprises to invest more in research, development and innovation, including, if necessary, a structural review of existing mechanisms and incentives;

12.  Invites the Member States to work together swiftly to complete the internal market and to seek political agreement on legislative and non-legislative measures in the areas where barriers still persist and hinder the free movement of goods, services, capital and labour, depriving businesses of capitalisation of their investments in innovation;

13.  Considers it necessary to reduce obstacles to the free movement of production factors and products within the internal market, given that this may help to secure easier access to risk capital, while ensuring the mobility of researchers and of technologically innovative goods and services and an improved flow of knowledge, all of which contribute to the development of a genuine European innovation area; is of the opinion that there should be wider consideration of useful innovative solutions specific to the services industry, and believes that the continued removal of barriers to the free movement of goods, services and capital, freedom of establishment and the free movement of persons, including workers, will stimulate innovation;

14.  Notes the positive effects of the existence of European technology platforms (ETPs) and the involvement of EUREKA Clusters in such platforms and calls on the Member States to support these platforms and encourage the creation of other ETP networks; also views as positive the preparation of European joint technology initiatives in key areas for European innovation such as the proposed Eurostars programme, to take the form of public-private partnerships;

15.  Invites the Member States to identify on a scale of importance the areas that they consider as priorities for innovation, both for applied research and technology and for non- technological activities such as management theory or bureaucratic organisation and to support, in addition to their own priorities, the priorities laid down by the ETPs in the area of innovation;

16.  Calls on the Commission to promote exchanges of best practices and promote the identification and exchange of lessons learnt from improper practices, in order especially to promote the better regulation of joint technological initiatives based on specialised public-private partnerships, which would stimulate the development of innovation also in less-developed EU regions;

17.  Draws the Commission's and Member States" attention to the fact that if a European Institute of Technology (EIT) were created, it should have the ambition of investing in the relationship between knowledge institutions and businesses through a focus on innovation and, in addition to its coordination role within the knowledge triangle, it should help to boost competition in innovation fields and thus be able to make a significant contribution to translating Europe's potential for innovation into practice;

18.  Takes notes of the setting up of the European Research Council and calls for innovation and the scope for practical implementation of chosen projects to be important criteria when selecting research topics;

19.  Emphasises that it regards the 3% of GDP target for expenditure on R&D outlined in the Lisbon Strategy as a minimum;

20.  Understands that the uncertainties inherent in R&D diminish the willingness of financial markets to invest in R&D projects; welcomes the Commission's proposal for a Risk Sharing Finance Facility for the purpose of investing in high-risk R&D projects by means of loans and guarantees;

21.  Takes note of the CIP, which provides for appropriate financial instruments, and the abovementioned Commission Communication on financing SME growth, which sets out specific measures to increase risk capital investment;

22.  Emphasises that access to resources for SMEs, micro enterprises and entrepreneurs is crucial to increasing R&D, developing new technologies and getting innovative solutions to the market; in this regard stresses the need for both early stage funding and ongoing funding of sufficiently long duration; highlights, however, that the present venture capital system does not meet the funding needs of the target group, particularly as regards non-technological innovation; calls, therefore, on the Member States to use public funds, including the Structural Funds, to begin establishing risk capital funds in the form of public-private partnerships in regions and fields having innovative potential and a sound knowledge base; urges, furthermore, the Commission, the European Investment Bank (EIB) and the European Investment Fund (EIF) to determine suitable ways of funding by adapting venture capital or, if necessary, designing innovative funding instruments;

23.  Invites the Member States and regional and local communities to adopt innovative, environmentally-friendly solutions under the CIP and also draws attention to the option of using financial aid for SMEs, such as in the Jeremie Programme; encourages the Commission, Member States and regional authorities to make use of renewable sources of financial support for innovation-oriented research such as the "innovation voucher" system; encourages the relevant actors at regional level to include experimental and therefore risky measures in funding from the Structural Funds;

24.  Calls on the relevant actors at regional and local level to create favourable conditions and to make the promotion of innovation a key part of operational programmes and to devote a significant proportion of funding from the Structural Funds to investment in knowledge, innovation and further training, which among other benefits will create jobs, enhance employability and counter "brain-drain" and depopulation trends; also calls on the Member States to support this by public investment in higher education institutions targeting the development of individual talents;

25.  Asks the Commission to evaluate the results obtained by assessing the quality, quantity and financial aspects of projects and actions in a manner conducive to improving, over a period of time, the efficiency of future actions;

26.  Expects that the greater competition generated by the internal market will encourage companies to step up funding for research and innovation; calls on companies to plough some of their profits back into research and technological development;

27.  Takes the view that eco-innovation plays an important role in improving energy efficiency, developing clean and secure energy supplies (including renewable sources of energy and clean fossil energy) as well as in boosting European competitiveness; is, therefore, of the opinion that eco-innovation must receive greater attention in European and national innovation agendas and that the EU should apply the "top runner" approach;

28.  Points out that urban centres can play an important part in devising an innovation strategy for a whole region and that they can perhaps take the initiative with some promising projects, such as using the potential of thermo-modernisation and combined heat and power, or taking other initiatives such as developing science and technology parks;

29.  Draws attention to the difficulties that less developed regions encounter in obtaining private investment capital, and calls on the Member States as well as actors at the local and regional levels to make greater use of EIB borrowing facilities and to promote and strengthen public-private partnerships in the area of innovation activities, having special regard to best practises and value for public money;

30.  Stresses the need to strengthen the role of enterprises as a main driving force behind innovation, rather than simply the beneficiary of innovatory processes and mechanisms;

31.  Notes the Europe INNOVA initiative, which adopts a more dynamic approach to the creation and support of innovative enterprises in the services sector;

32.  Invites the Commission to encourage the use of reformed networks of Euro Info Centres and Innovation Relay Centres for providing complex services at regional level for all players involved in the innovation process, particularly for individual innovators and small innovative companies; encourages sectoral and intermediary organisations such as chambers of commerce and other information centres to set themselves up, in cooperation with the Euro Info Centres and Innovation Relay Centres as one-stop information shops; calls, furthermore, on the Commission to support the role that intermediary organisations representing SMEs play as innovation developers and advisors, by generating support for this advisory mechanisms;

33.  Urges the Member States to continue their efforts to reduce any regional disparities that hinder the creation of a European scientific and technological area;

34.  Considers that public procurement plays a strategic role in promoting innovative products and services, provided that it is geared to the creation of more efficient and effective products and the provision of rationally organised services offering better value for money; calls on the Member States and regional and local authorities to take genuine innovation into account when selecting the best tenders;

35.  Welcomes the Commission's intention to publish guidelines for making the most effective use of the consolidated legal framework for public procurement, one that not only promotes competition but renders the rules more flexible, thereby encouraging the uptake of innovative solutions and creativity;

36.  Calls on the Council and the Commission to improve legal standards linked to the economic aspects of research and innovation so as to provide better protection in the diffusion of processes, techniques or discoveries in a context of international openness;

37.  Notes that innovation in services plays a major part in the economy and that the protection of intellectual property relating to services is often restricted in Europe to trade secrets; is of the opinion that smaller businesses find it difficult and expensive to negotiate and enforce confidentiality agreements and that this can hinder cooperative ventures and the raising of finance;

38.  Stresses that efforts should be focused on facilitating the transfer of research results into marketable products, particularly for SMEs (while taking care not to stifle fundamental research) and believes there is a need for a more holistic approach, balancing closer cooperation between the research and business sectors with the interests of consumers, civil society and the environment, and including all local actors (public and private); welcomes the fact that the Commission plans to adopt a Communication to promote knowledge transfer between universities and other public research organisations and industry;

39.  States that reasonable and reliable copyright protection and patent systems are crucial elements in building an innovative knowledge-based economy and society; calls on the Commission and the EIF to examine the possibilities for providing small businesses with adequate financial support for their patent applications;

40.  Calls on the Commission to draw up, in cooperation with the Member States, measures that are alternative and complementary to patent right legal protection measures which will defend inventors and emerging models of creation against blackmail and law abuse;

41.  Welcomes the recent initiatives taken by the Commission regarding open access seeking to promote the spread of scientific knowledge;

42.  Calls on the Commission and the Member States to ensure that common rules on patentability are appropriate to the conditions prevailing in each particular sector;

43.  Calls on the Commission and the Member States to propose, in the context of the new Community patent, a procedure for eliminating trivial patents and sleeping patents;

44.  Calls on the Commission, in cooperation with the European standardisation organisations, to increase the pace of European standardisation and make effective use of standards that already exist;

45.  Is convinced that setting interoperable European standards more quickly will help support the development of lead markets in the services and high-tech fields in particular and will contribute towards having them apply at world level, thereby putting European businesses at an advantage over other players in the global market;

46.  Calls on the Member States to encourage the search for a consensus on European standards, as a rapid decision in this area is vital for the proper functioning of the EU's internal market, cross-border trade and consequently the return on companies" investment in research and innovation;

47.  Calls on the Commission to encourage not only the adoption but also the application of European standards, in particular by communicating them to SMEs in a simple manner; considers that handbooks and explanatory procedures should be available in all official languages of the EU;

48.  Welcomes the EU's cooperation with world-wide regulatory bodies and expects the quick and efficient roll-out of technical innovations through standardisation;

49.  Takes the view that fragmentation of standards on a worldwide scale is not desirable; recommends that the Commission, the Member States and the various European and international standard setting bodies consider an "international-comes-first" approach whenever possible in setting new standards;

50.  Recalls the definition of open standards adopted by the Commission pursuant to which (i) the standard is adopted and will be maintained by a not-for-profit organisation, and its ongoing development occurs on the basis of an open decision-making procedure available to all interested parties; (ii) the standard has been published and the standard specification document is available either freely or at a nominal charge; (iii) the intellectual property − i.e. patents possibly present − of (parts of) the standard is made irrevocably available on a royalty-free basis;

51.  Agrees with the Commission that "cluster policy" is an important part of Member States" innovation policies and calls on actors, particularly at regional and local levels, to promote clusters, as well as innovation and technology centres, in urban centres and rural areas, in such a way that a balance can be reached between different regions; encourages the Member States to promote, in their countries, the creation of "knowledge regions" and "clusters" and EU-wide and cross-border cooperation, and also to promote cooperation with experts from third countries; stresses in this context the importance of creating governance structures so as to improve cooperation between different actors in a cluster and asks for clusters to be directed also to cross-border activities, building notably on the experience of Euroregions, which possess established cross-border structures and social networks; believes that in this context EUREKA Clusters and umbrellas could be consulted and involved;

52.  Notes the initiative of the Committee of the Regions to set up a network of regions within an interactive platform of local communities aiming to compare and exchange experience acquired while implementing the Lisbon Strategy;

53.  Calls on the Commission to monitor innovation processes in the regions and to develop common innovation indicators across the EU that will better demonstrate the eagerness of the Member States and regions to innovate;

54.  Urges the Member States to actively raise the profile of the scientific career path, promoting existing incentives and awards such as Descartes, Aristotle and the young scientist awards and offering attractive conditions to draw the brightest and most innovative scientists to Europe;

55.  Urges the Commission, Member States and regional authorities to introduce and promote national and European prizes for innovation;

56.  Considers that, in order to secure wider public acceptance of goods and services which are the fruits of research, suitable consumer protection instruments are required to improve levels of confidence and safety;

57.  Stresses that innovation is a means of improving the quality of life of EU citizens and not an aim in itself; accordingly takes the view that, while competition and the liberalisation of goods and services contribute to achieving that objective in terms of innovation, they must be accompanied by monitoring and consumer protection provisions, where justified by the public interest;

58.  Considers that innovation activities should be better supported through information campaigns and emphasises the need to share information obtained from completed projects; at the same time recommends that lessons be learnt from incorrect procedures in unsuccessful projects and that warnings be given against similar mistakes in other regions of the EU;

59.  Calls on the Commission, the Member States and regional and local authorities to ensure universal access to ICT-based working, in order to facilitate e-learning and e-working generally;

60.  Instructs its President to forward this resolution to the Council, Commission and the parliaments and governments of the Member States.

(1) OJ L 205, 6.8.2005, p. 28.
(2) OJ L 205, 6.8.2005, p. 21.
(3) OJ L 412, 30.12.2006, p. 1.
(4) OJ L 310, 9.11.2006, p. 15.
(5) OJ C 323, 30.12.2006, p. 1
(6) Texts Adopted, P6_TA(2006)0301.
(7) Texts Adopted, P6_TA(2006)0416.
(8) OJ C 291 E, 30.11.2006, p. 321.
(9) Texts Adopted, P6_TA(2007)0184.
(10) OJ L 376, 27.12.2006, p. 36.


Tackling organised crime
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European Parliament recommendation to the Council of 24 May 2007 on developing a strategic concept on tackling organised crime (2006/2094(INI))
P6_TA(2007)0213A6-0152/2007

The European Parliament,

–   having regard to the proposal for a recommendation to the Council by Bill Newton Dunn on behalf of the ALDE Group on developing a strategic concept on tackling organised crime (B6-0073/2006),

–   having regard to the Communication from the Commission to the Council and the European Parliament on "Developing a strategic concept on tackling organised crime" (COM(2005)0232),

–   having regard to Rule 114(3) and Rule 90 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0152/2007),

A.   whereas progress has been achieved in police and judicial cooperation on tackling organised crime since the first steps were taken 30 years ago,

B.   whereas significant progress has been achieved in cooperation between law enforcement agencies and judicial bodies (as set out in the 2005 annual reports of the Member States, Europol, Eurojust and the Customs Cooperation Working Group (CCWG)), and whereas such cooperation is the cornerstone of any effective, EU-wide policy on tackling organised crime,

C.   whereas these efforts, having led to an increase in information exchange and an intensification of training initiatives for services that are required to work together, have borne fruit by helping to overcome the lack of mutual trust, which is always the principal obstacle to any cooperation in this field,

D.   whereas all EU institutions and agencies involved in the fight against organised crime should fully respect the civil liberties and fundamental human rights of EU and third-country nationals, including the highest standards of data protection,

E.   whereas, however, the fight against organised crime today will not continue to make progress without a radical change of perspective enabling increasingly complex internal constraints to be resolved at the same time as meeting the growing challenge of exponentially increasing external constraints,

F.   whereas the geographical spread of organised crime , in a Europe more open than ever before, has already taken full advantage of its absolute command of the new means of travel, exchange and communication, while the law enforcement agencies are often still weighed down by legal and administrative burdens hindering their day-to-day activities,

G.   whereas organised criminal groups are becoming increasingly complex and structured business organisations capable of penetrating economic and financial markets and of distorting them in their pursuit of legal economic environments into which to channel illegally acquired income, often by means of sophisticated money-laundering operations,

H.   whereas the establishment and/or acquisition, often through the use of 'shell company' arrangements, of companies in sectors in which enormous sums of money circulate is one of the main instruments used by organised criminal groups,

I.   whereas enforcement is, of itself, an inadequate means of combating organised crime and needs to be accompanied by a careful analysis of the spread of the phenomenon and the ability of mafia-style organisations to gain a foothold, particularly in areas where social structures are weak,

J.   whereas action to combat organised crime should be supported by thorough investigations into capital accumulation capacity and inter-relationships between legal and illegal economic activities at global level, with steps being taken to prevent organised crime from infiltrating public administrations and forging links with institutions, mass organisations and political figures,

K.   whereas organised crime operates by securing tacit acceptance and establishing control over a given territory by means of illegal activities,

L.   whereas organised crime can offer terrorist organisations opportunities to engage in illegal trafficking through the channels which it normally uses itself, thus generating illegal profits to be used for terrorist activities,

M.   whereas, in this battle against time and space, the fight against organised crime must urgently adapt the means and methods available to it while developing an ability to anticipate, based principally on the appropriate and maximum use of potential intelligence sources,

N.   whereas only a proactive policy will make it possible to catch up with the reality of ultra-sophisticated cooperation between the various criminal groups and to remove, by means of a prevention policy involving new actors, but always fully mindful of fundamental rights, the bulk of the threats these organisations pose to our societies,

O.   whereas there is a general need to improve knowledge of criminal phenomena and to make that knowledge available to all actors involved in the fight against crime,

P.   whereas the support of the public, which is generally insufficiently informed, is one of the keys to winning this fight in the medium and long term,

Q.   whereas the available Community tools – such as Europol and Eurojust – will only become fully effective when they are able to act with real autonomy, and whereas there is therefore an urgent need to grant them the means to act with greater freedom than they have today, at the same time as establishing appropriate Parliamentary control in order to assess the usefulness and real added value of their actions in the field of security and the full observance of fundamental rights as laid down in the European Union Charter of Fundamental Rights,

R.   whereas it is interesting to note that with the Organised Crime Threat Assessment (OCTA)(1), published this year by Europol, Member States have at their disposal a dynamic analysis which will help them to set their strategic priorities, and that this first step should encourage the Council to continue working towards an appropriate structure for an area bringing together the still widely differing elements of the fight against crime, in particular by deepening the internal security architecture concept initiated by the Austrian Presidency and through the operational development of the interoperability principle; these two elements, combined using intelligence-led law enforcement, should help to develop new synergies and eradicate all "parasitic competition" between analytical and/or law enforcement agencies at the strategic, technical and operational levels;

1.  Addresses the following recommendations to the Council:

   a) calls on the Council to ask all Member States to ratify the United Nations Convention against Transnational Organized Crime (the Palermo Convention) and the protocols thereto on trafficking in persons and migrants, and to enforce these legal instruments;
   b) calls on the Council to encourage Member States strongly to remain steadfast in their support for training and exchange programmes between the competent agencies and authorities involved in tackling organised crime, and calls on the Member States to allocate to these programmes – within the financial perspectives and the corresponding general programme, as well as the "security" section of the seventh Framework Programme for Research and Development – sufficient budgetary resources for them to be genuinely effective, and to make the best practices available to the other Member States too;
   c) reminds the Council that strengthening police and judicial cooperation instruments today requires adapting internal structures in line with the triple need for procedure modelling, fluidity of information transmission channels and improved knowledge of the phenomenon of organised crime;
   d) calls on the Council, in order to bring about more effective action at EU level, to ensure that Member States approximate their criminal-law provisions in close cooperation, with special reference to the definitions of concepts and offences in the fields of organised crime and terrorism, and approximate the Member States' criminal procedures while fully maintaining procedural guarantees;
   e) suggests to the Council that it should call on the Member States to extend, as soon as possible, the use of special investigation techniques and promote the creation of joint investigation teams, established by the Council Framework Decision of 13 June 2002 on joint investigation teams(2), the content of which has been very largely transposed by the Member States(3), and to systematically incorporate the aspect of cooperation on the ground into the various "best practice" manuals setting out the operational framework for the agencies concerned;
   f) draws the attention of the Council and the Member States to the fact that it is necessary to adopt rules on organised crime and terrorism for the particular protection of the legal order and financial interests of the European Union ;
   g) emphasises to the Council the need for information channels between actors in the fight against crime to be more fluid, requiring significant legislative progress both in specific areas, such as the obtaining of evidence and its admissibility, or financial information for the purpose of identifying and then neutralising the proceeds of crime, and on outstanding questions of principle, such as the principle of availability, which needs to be clearly defined and include safeguards, in particular as regards the protection of personal data in the context of the third pillar; to this end, urges the Council to adopt as a matter of urgency the proposal for a Council framework decision (COM(2005)0475) on data protection in the third pillar, taking due consideration of the position adopted almost unanimously by Parliament on 27 September 2006(4);
   h) observes that both Member States and the EU institutions may call on the expertise of the newly established Fundamental Rights Agency in order to protect the rights laid down in the Charter of Fundamental Rights and to investigate cases which have arisen in the field of cooperation in home affairs and justice; calls on the Council, furthermore, if necessary, with special reference to Article 7 of the Treaty on European Union, likewise to take advantage of this opportunity and to promote it in the case of the Member States too;
   (i) IT calls on the Council to draw Member States' attention to the need to bolster investigatory strategies and take effective action to combat organised crime by systematically targeting illegally acquired economic and financial resources;
   j) calls on the Council, in the light of the Commission's action plan for statistics in the field of crime and criminal justice (COM(2006)0437), to support the Member States" efforts in seeking to improve understanding of these criminal phenomena by focusing and networking statistical tools developed within a dynamic framework (as is already the case with OCTA) and on the basis of common indicators, in such a way that the intelligence disseminated not only provides an accurate assessment of organised crime but is comparable and proposes intelligible strategies and recommendations for action which the agencies active on the ground can apply;
   k) calls on the Council to give the necessary autonomy to Europol and Eurojust by granting them full powers of initiative within their respective fields of responsibility so that they can extend their role from coordinators to leaders in the fight against organised crime on a Europe-wide scale, while taking due account of the need for appropriate links with the competent national authorities, so as not to undermine the activities of those authorities or give rise to imbalances or duplication; stresses that any such expansion of their responsibilities must be accompanied by the establishment of genuine Parliamentary oversight, which, for reasons of legitimacy and effectiveness, only Parliament is capable of performing correctly;
   l) calls on the Council to acknowledge that no angle should be ignored with regard to prevention, which deserves particular attention, especially through initiatives intended to protect effectively not only the victims but also the witnesses of crimes, so as to free up sources of information who are often forced into silence by the constant pressure of blackmail and terror from criminal organisations;
   m) suggests to the Council that a genuine Europe-wide debate should be organised on the appropriateness of a formal status for collaborators of justice at European level and its compatibility with our core common values of respect for human rights and human dignity, with a view to establishing the optimum information search in a pre-established legal framework accepted by all;
   n) convinced that, in the medium and long term, public support is one of the conditions for success in the fight against organised crime; calls therefore on the Council to ask Member States to make a significant effort to inform the general public of the successes achieved through good cooperation between the various law enforcement agencies and legal bodies, and particularly of the contribution by Community instruments and actors, with a view to raising awareness of the value added by EU initiatives in this area of vital importance for citizens;
   o) suggests to the Council that full account should be taken of the key findings of periodic Eurobarometer surveys (such as that carried out in March 2006 on organised crime and corruption(5)), which should be given the task of assessing European citizens" perception of the role played by the EU in this field and the desired changes at European level;
   p) calls on the Council, therefore, on the basis of the White Paper on a European Communication Policy(6), to help develop a genuine strategy for organising these messages and disseminating them to the general public, a strategy with which the EU Crime Prevention Network could be closely involved if its responsibilities are expanded(7);
   q) advises the Council to ask the Member States to promote programmes in particular at local level for raising the public awareness regarding human trafficking for the sexual or labour exploitation mainly of women and children;
   r) urges the Council to apply the proactive approach in EU policy on tackling organised crime to EU cooperation agreements with non EU-countries, while at the same time adopting a strict framework, including binding guarantees as regards fundamental rights; points out, in that regard, that OCTA clearly shows the way by helpfully denouncing the sectors and associations of criminal groups whose geographical location has been identified;
   s) advises the Council, in view of the susceptibility to criminal activity which is still too prevalent in the State apparatus of certain EU border countries, to adopt a specific approach built around a new transparency and anti-corruption initiative aimed at structuring relations with non-EU countries, particularly those in the EU's neighbourhood;
   t) advises the Council to urge Member States to maintain the utmost vigilance with regard to possible links between terrorist organisations and organised criminal groups, particularly in connection with money laundering and the funding of terrorism;
   u) calls, furthermore, on the Council to take due account of the fundamental role played by the EU Counter-Terrorism Coordinator, who is responsible for oversight of counter-terrorism instruments and intelligence and the coordination and collation of information coming in from police forces and security services in the Member States;
   v) calls on the Council presidency to continue and intensify the considerations begun under the Austrian Presidency with a view to developing a genuine "Internal Security Architecture".
   w) calls on the Council to take steps aimed, as a priority, at intercepting movements of capital generated by money-laundering operations and confiscating assets generated by criminal and mafia-style activities;
   x) calls on the Council to urge all Member States that have not yet done so to ratify the United Nations Convention against Corruption;
   y) calls on the Council to promote in the Member States – particularly in those areas where the cultural and social influence of organised crime is strongest – the conduct in high-risk schools and neighbourhoods of projects to educate people about living within the law, thus combating organised crime by means of a major educational campaign;
   z) calls on the Council to monitor the administrative and governmental activities of elected institutions at national, regional and local level whose members include political figures against whom criminal charges have been brought for links with organised or mafia-style crime;

2.  Instructs its President to forward this recommendation to the Council and, for information, to the Commission.

(1) "Organised Crime Threat Assessment" – available at: http://www.Europol.eu.int/publications/OCTA/OCTA2006.pdf
(2) OJ L 162, 20.6.2002, p.1.
(3) See Report from the Commission on national measures taken to comply with the Council framework decision of 13 June 2002 on Joint Investigation Teams (COM (2004) 0858).
(4) OJ C 300 E, 9.12.2006, p. 231, and OJ C 306 E, 15.12.2006, p. 263
(5) http://ec.europa.eu/public_opinion/archives/ebs/ebs_245_
(6) http://ec.europa.eu/communication_white_paper/doc/white_paper_en.pdf
(7) www.eucpn.org: http://www.eucpn.org/keydocs/l_15320010608en00010003.pdf


Kashmir: present situation and future prospects
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European Parliament resolution of 24 May 2007 on Kashmir: present situation and future prospects (2005/2242(INI))
P6_TA(2007)0214A6-0158/2007

The European Parliament,

–   having regard to its recent resolutions referring to Jammu and Kashmir, in particular its resolutions of 29 September 2005 on EU-India relations: A Strategic Partnership(1), of 17 November 2005 on Kashmir(2), of 18 May 2006 on the Annual Report on Human Rights in the World 2005 and the EU's policy on the matter(3), of 28 September 2006 on the EU's economic and trade relations with India(4) and of 22 April 2004 on the situation in Pakistan(5),

–   having regard to the Cooperation Agreement between the European Community and the Islamic Republic of Pakistan on Partnership and Development(6), the conclusion of which was approved by Parliament on 22 April 2004(7),

–   having regard to all the resolutions of the United Nations Security Council on this issue between 1948 and 1971(8),

–   having regard to the concerns expressed by various working groups and rapporteurs of the United Nations Human Rights Council and its predecessor, the United Nations Commission on Human Rights, and by international human rights organisations regarding breaches of human rights in Kashmir,

–   having regard to the Indus Waters Treaty of 1960,

–   having regard to the report on the visits of Parliament's ad hoc delegation to Jammu and Kashmir adopted by the Committee on Foreign Affairs in November 2004,

–   having regard to the devastating earthquake which struck Jammu and Kashmir on 8 October 2005,

–   having regard to United Nations General Assembly Resolution No A/RES/60/13 of 14 November 2005 praising the governments and peoples involved in the earthquake relief and reconstruction efforts,

–   having regard to the visit of President Pervez Musharraf of the Islamic Republic of Pakistan to the Committee on Foreign Affairs on 12 September 2006,

–   having regard to the 7th EU-India Summit held in Helsinki on 13 October 2006,

–   having regard to the renewed peace efforts in Kashmir since the truce agreement came into force in 2003, followed by President Musharraf's pledge in January 2004 that Pakistani territory would not be used for cross-border terrorism, Indian Prime Minister Manmohan Singh's forward-looking vision that "borders cannot be redrawn but we can work towards making them irrelevant" and a further round of peace talks which started on 17 January 2007,

–   having regard to President Musharraf's recent four-point plan to resolve the Kashmir conflict (no change in the boundaries of Jammu and Kashmir, free movement of people across the Line of Control (LoC), staggered demilitarisation, and self-governance with a joint supervision mechanism representing India, Pakistan, and the Kashmiris), and also to Prime Minister Singh's suggestion that there be a comprehensive treaty of peace, security and friendship,

–   having regard to the visit of Indian Foreign Minister Pranab Mukherjee to Pakistan on 13-14 January 2007, during which four agreements aimed at confidence-building were signed,

–   having regard to the International Crisis Group's Asia Report No 125, of 11 December 2006, and the reports by Amnesty International, Freedom House, Human Rights Watch and the US State Department on human rights,

–   having regard to the visits made by Parliament's rapporteur to both sides of the LoC in June 2006,

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Foreign Affairs (A6-0158/2007),

A.   whereas the disputed territory which constituted the former Princely State of Jammu and Kashmir is currently administered in separate parts by the Republic of India, the Islamic Republic of Pakistan and the People's Republic of China, and has a total population of 13.4 million,

B.   whereas much of Jammu and Kashmir, in particular Gilgit and Baltistan, suffers from extreme poverty and neglect, with enormous deficiencies in basic literacy and numeracy and in access to healthcare, a lack of democratic structures and major deficiencies in the rule of law and justice; and whereas the whole of Jammu and Kashmir suffers from exceptional economic decline,

C.   whereas the question of water resources is also a factor exacerbating the dispute between Pakistan and India over Jammu and Kashmir and is an important element of any definitive resolution,

D.   whereas Jammu and Kashmir has been a source of conflict for nearly 60 years, a period punctuated by armed conflicts between India, Pakistan and China; whereas this dispute has allegedly claimed more than 80,000 lives; whereas the conflicts between India and Pakistan now include international terrorism; and whereas China, India and Pakistan are nuclear powers, although India and Pakistan have not signed the Nuclear Non-Proliferation Treaty,

E.   whereas there is considerable evidence that over many years Pakistan has provided Kashmiri militants with training, weapons, funding and sanctuary and has failed to hold militants accountable for atrocities they have committed on the Indian-administered side; whereas, however, according to Indian government reports, since 11 September 2001 militant infiltration into Indian-administered Jammu and Kashmir has decreased noticeably, and whereas the Government of Pakistan should put a definitive end to any infiltration policy,

F.   whereas a ceasefire has been in place on the LoC since November 2003 and, despite a few breaches, has continued to hold,

G.   whereas the ceasefire has enabled India and Pakistan to engage in an ongoing dialogue on Jammu and Kashmir which is now starting to be modestly successful; whereas a number of Confidence-Building Measures (CBMs) are being implemented as part of the peace process; and whereas the Kashmiri population is striving to reap the benefits of those CBMs and is actually implementing them at a local level; whereas Kashmiris on the Chinese side remain outside that process,

H.   whereas the India-Pakistan joint statement on Kashmir of 18 April 2005, issued at the conclusion of President Musharraf's visit to India, has helped to strengthen the process of rapprochement between the two countries, in particular by reaffirming the irreversibility of the peace process and focussing on a non-military solution to the Kashmir conflict,

I.   whereas economic development is vital for building up the physical and social infrastructure and improving the productive potential of Jammu and Kashmir; whereas the EU-Pakistan Joint Declaration of 8 February 2007 is a positive new step in strengthening their relations, and whereas both sides are looking forward to moving ahead with the implementation of the 3rd Generation Cooperation Agreement, in the belief that it may help to promote socio-economic development and prosperity in Pakistan; whereas the EU and Pakistan have reaffirmed their commitment to the settlement of disputes by peaceful means, in accordance with international law, bilateral agreements and the principles of the UN Charter,

J.   whereas the current wide-ranging EC-India 3rd Generation Cooperation Agreement, in existence since 1994, has as its institutional basis a joint political statement which fixed annual ministerial meetings, and opened the door to a broad political dialogue,

K.   whereas on the morning of 8 October 2005 an earthquake of magnitude 7.6 on the Richter scale, the most devastating international earthquake in living memory, struck a broad swathe of territory from Afghanistan through Pakistan and India, but with by far the greatest impact felt in Jammu and Kashmir, with exceptional losses in Azad Jammu and Kashmir (AJK) and Pakistan's North-West Frontier Province (NWFP),

L.   whereas in minutes the earthquake claimed over 75,000 lives in AJK, later rising to 88,000, and claimed 6,000 in Indian-administered Jammu and Kashmir, and left tens of thousands of people injured and millions entirely displaced, with minimal basic needs provision and without permanent shelter, employment, health care and education, on the Pakistani side; whereas dozens of towns and villages have been partially or totally destroyed, agriculture decimated and the environment contaminated, and whereas levels of development have been severely set back,

M.   whereas both state-armed forces and opposition armed groups in the Kashmir dispute should abide by the 1949 Geneva Conventions and customary international humanitarian law, which prohibit attacks against civilians, and serious violations of which constitute war crimes which states have a duty to prosecute,

N.   whereas more than 2,000 soldiers have died on the Siachen Glacier in the last ten years, and whereas the ceasefire in the Siachen region since November 2005 is welcome,

Introduction

1.  Stresses that India, Pakistan and China (to which Pakistan ceded the Trans-Karakoram Tract in 1963) are important EU partners, the first enjoying strategic partnership status; believes that a resolution of the continuing conflict along the LoC can best be achieved jointly by a constant engagement between the governments of India and Pakistan, involving the peoples of all parts of the former princely state; nevertheless thinks that the EU may have something to offer based on past experience of successful conflict resolution in a multi-ethnic, multinational, multi-faith context; therefore offers the present resolution and any meetings that may come out of it as part of a shared experience from which the EU can also learn; reiterates the importance of continued EU support to both India and Pakistan as they implement the 2004 peace process;

2.  Draws attention to the fact that India is the world's largest secular democracy and has devolved democratic structures at all levels, whereas Pakistan still lacks full implementation of democracy in AJK and has yet to take steps towards democracy in Gilgit and Baltistan; notes that both countries are nuclear powers outside the Nuclear Non-Proliferation Treaty; emphasises that, while India's nuclear doctrine rests on the principle of "no first use", Pakistan has yet to make such an undertaking; notes, too, that President Musharraf has not been able to implement his undertaking made in 1999 that "the armed forces have no intention of staying in charge any longer than is absolutely necessary to pave the way for true democracy to flourish in Pakistan";

3.  Very much regrets the negative chain of events set in motion by the suspension of Chief Justice Iftikhar Muhammed Chaudhry and, while recognising that the suspension has in fact opened a new debate on democracy, constitutionalism and the role of the military in Pakistan, deplores the recent outbreaks of violence; stresses the overwhelming need for a secure and independent justice system to address the situation of the people of Pakistan and particularly those of AJK and Gilgit and Baltistan;

4.  Calls on representatives of the governments of both India and Pakistan to take the opportunity, afforded by the statements of Prime Minister Singh and President Musharraf, to inject a new impetus for exploring options for increased self-governance, freedom of movement, demilitarisation and intergovernmental cooperation on issues such as water, tourism, trade and the environment and to promote a genuine breakthrough in seeking a resolution of the Kashmir dispute;

5.  Notes that the impact of the earthquake on the people of AJK has gravely exacerbated the already sparse needs provision and has dramatically impaired institution and capacity-building potential; urges the European Union to help and support the Kashmiris in this regard;

6.  Urges the Governments of Pakistan and India to resolve the crucial riparian issues affecting the headwaters and the use of the rivers flowing through Jammu and Kashmir (the Indus, Jhelum, Chenab, Ravi, Beas and Sutlej rivers) as swiftly as possible, with reference to the existing mechanism provided for in the Indus Waters Treaty of 1960; nevertheless, as, for example, in the case of the upgrading of the Mangla Dam or the construction of the Baglihar Dam, underlines that addressing the agricultural, fishing, livestock and human water requirements of the people affected must remain a key priority and appeals to both governments to commission comprehensive environmental and social impact assessments before taking future decisions on any further dam project;

7.  Expresses its great concern over the negative consequences which the long-standing conflict has had on the environment in Jammu and Kashmir, to the extent that the economic future of Jammu and Kashmir is at stake due to serious soil degradation, air pollution, pollution of the rivers and, most dramatically, of the ancient tourist magnet Dal Lake, deforestation and extinction of wildlife;

8.  Notes the importance of water, security and sustainable and secure energy supplies to the stability and growth of the region and notes in this regard the importance of developing irrigation and hydroelectric projects; considers it imperative that the Governments of Pakistan and India continue their constructive dialogue and consult representatives of the Kashmiris over riparian issues, and urges them to adopt a holistic approach to water resources, recognising the key links between water, land, local users, the environment and infrastructure;

9.  Underlines the common heritage shared by India and Pakistan, exemplified in the ancient culture of Jammu and Kashmir; recognises and values the pluralism, multiculturalism and multi-faith nature and secular traditions of the peoples of Jammu and Kashmir, which have been kept alive in the Indian part of Jammu and Kashmir;

10.  Believes that the EU's respect for regional identities and efforts to ensure that its own decisions are taken at the most appropriate administrative level (i.e. closest to those affected) are relevant to the aspirations of the Kashmiri people for devolved decision, making structures and recognition of their unique cultural identity;

Political situation: the aspirations of the people

11.  Commends and supports India and Pakistan on the peace moves currently under way, and welcomes the fact that bilateral talks, put on hold for three months after the July 2006 bombings in Mumbai, have re-started; stresses the need for the region, the EU and the international community to support the current bilateral talks and for a further strengthening of exchanges about conflict resolution, thereby ensuring a prosperous future for the people of Jammu and Kashmir and its neighbours, and for finding a solution to the Kashmir dispute which is acceptable to all the parties;

12.  Calls on the European Union to support the involvement of local civil society in the peace process and, above all, to sustain people-to-people projects in order to promote dialogue and collaboration among Pakistani, Indian and Kashmiri NGOs;

13.  Has warmly welcomed the CBMs initiated by India and Pakistan, which are achieving a certain degree of success in reducing tension and suspicion on both sides and have allowed families on both sides to unite after years of separation; emphasises that greater efforts should be made by the governments of India and Pakistan to involve Kashmiris in the resolution of the core issues;

14.  Draws attention to the fact that ordinary Kashmiris, by virtue of the humanitarian situation after the earthquake, are now benefiting progressively from the peace process, through the exchanges taking place and the political commitment by both the Indian and Pakistani Governments to the free movement of people, goods and services (albeit still limited) across the LoC; calls for renewed efforts to enable all Kashmiris, irrespective of political affiliation, to become intimately involved in the modalities of the peace process and CBMs;

15.  Emphasises that the crises and conflicts of recent years have enhanced, not diminished, the relevance of the United Nations, and that the UN remains an important forum for dialogue and diplomacy; recalls the large number of UN Security Council (UNSC) resolutions on Kashmir, from 1948 to 1971, which have sought to encourage both the Government of India and the Government of Pakistan to take all measures within their power calculated to improve the situation, and which have expressed the conviction that a peaceful settlement of the dispute will best promote the interests of the people of Jammu and Kashmir, of India and of Pakistan; draws the conclusion, in the light of all the above and of subsequent violations of points set out in the various UNSC resolutions, that the preconditions for invoking the plebiscite have not been met at present;

16.  Reaffirms that, under Article 1.1 of the UN International Covenant on Civil and Political Rights, all peoples have the right of self-determination, by virtue of which they may freely determine their political status and freely pursue their economic, social and cultural development; reaffirms that, under Article 1.3, all parties to the covenant must promote the realisation of the right of self-determination, and must respect that right, in conformity with the provisions of the Charter of the United Nations; notes, however, that all UN resolutions on the Kashmir dispute explicitly and only acknowledge the right for the former princely state of Jammu and Kashmir to become part of India or Pakistan; welcomes, within the context of bringing the Kashmir conflict to a permanent solution, which would bring enormous benefits to the entire region, the new ideas that are currently under consideration within the Composite Dialogue and India's Round Table discussions (in which context the reopening of dialogue by the Indian Government with the All Parties Hurriyat Conference (APHC) is especially welcome), and in particular ideas related to making boundaries permanently irrelevant, a system of self-governance, and institutional arrangements for joint or cooperative management; strongly encourages both India and Pakistan to further explore these concepts in joint discussions and with Kashmiris on both sides of the LoC and in Gilgit and Baltistan;

17.  Deplores the continuing political and humanitarian situation in all four parts of Jammu and Kashmir; welcomes, however, the role of the composite peace process in moving towards a durable settlement for the Kashmiris based on democracy, the rule of law and respect for fundamental rights; supports the "second track" approach as well as wider dialogue involving eminent persons, academics and other relevant experts from all sides of Kashmir and from India and Pakistan, who are putting forward practical suggestions for closer cooperation; congratulates India and Pakistan for bringing together these groups, and suggests that the EU offer practical support wherever invited to do so by both sides and within the composite peace process;

18.  Regrets, however, that Pakistan has consistently failed to fulfil its obligations to introduce meaningful and representative democratic structures in AJK; notes in particular the continuing absence of Kashmiri representation in the Pakistan National Assembly, the fact that AJK is governed through the Ministry of Kashmir Affairs in Islamabad, that Pakistan officials dominate the Kashmir Council and that the Chief Secretary, the Inspector-General of Police, the Accountant-General and the Finance Secretary are all from Pakistan; disapproves of the provision in the 1974 Interim Constitution which forbids any political activity that is not in accordance with the doctrine of Jammu and Kashmir as part of Pakistan and obliges any candidate for a parliamentary seat in AJK to sign a declaration of loyalty to that effect; is concerned that the Gilgit-Baltistan region enjoys no form of democratic representation whatsoever; furthermore, draws attention to the fact that the Government of Pakistan's 1961 Jammu and Kashmir (Administration of Property) Ordinance transferred the land controlled by Pakistan and which belonged to the State of Jammu and Kashmir on 15 August 1947 to the Federal Government;

19.  Very much regrets the continuing ambivalence of the current Government of Pakistan with regard to the ethnic identity of Gilgit and Baltistan, whereby statements made by the President are contradicted by official government communications; strongly recommends that the Government of Pakistan endorse and implement the judgment of the Supreme Court of Pakistan of 28 May 1999 which validates the Kashmiri heritage of the people of Gilgit and Baltistan and states that the Government should implement their fundamental human rights, democratic freedoms and access to justice;

20.  Recognises that Pakistan finds itself in a particularly complex situation with pressure from many sources; nevertheless:

   deeply regrets that the lack of a sufficient political will to address basic needs provision, political participation and the rule of law in AJK has left women there in a desperate situation following the earthquake;
   recalls the signature of the EC-Pakistan 3rd Generation Cooperation Agreement in 2001, Article 1 of which includes respect for human rights and democratic principles as an essential element, and urges the EU to play its part in upholding those principles when implementing the Agreement; is particularly concerned, therefore, that the people of Gilgit and Baltistan are under the direct rule of the military and enjoy no democracy;
   notes the approval of the Protection of Women Bill to reform the Sharia-based Hudood decrees on adultery and rape as a positive step in ensuring better protection of women's rights in Pakistan, and appreciates the commitment shown by President Musharraf and reformist parliamentarians in pursuing these amendments despite attempts to derail them; stresses, however, that it is pre-eminently clear that Pakistan needs to do more to live up to its commitments in the human rights field;
   remains concerned about the difficult situation faced by all minorities throughout the region;

21.  Urges Pakistan to revisit its concept of democratic accountability and minority and women's rights in AJK, which, as elsewhere, are key to improving conditions for the people and tackling the menace of terrorism;

22.  Expresses concern regarding the lack of freedom of expression in AJK and reports of torture and mistreatment, of discrimination against refugees from Indian-administered Jammu and Kashmir and of corruption amongst government officials, and calls on the Pakistani Government to ensure that the people of AJK can exercise their fundamental civil and political rights in an environment free from coercion and fear;

23.  Further calls on Pakistan to ensure free and fair elections in AJK, considering that the general elections of 11 July 2006 were characterised by fraud and vote rigging on a massive scale, and that any candidate who refused to uphold the position of the accession of Kashmir to Pakistan was barred from running; also calls on Pakistan to hold elections for the first time in Gilgit and Baltistan;

24.  Urges the Governments of Pakistan and India also to transform the ceasefire in place in Siachen since 2003 into a lasting peace agreement, given that, on this, the highest battlefield in the world, more soldiers die every year for reasons of climate than of armed conflict;

25.  Calls on the European Union to support India and Pakistan in negotiating a zone of complete disengagement in the Siachen region without prejudice to the position of either side, in particular by offering assistance in providing monitoring technologies and verification procedures;

26.  Calls on militant armed groups to declare a ceasefire to be followed by a disarmament, demobilisation and reintegration process; calls on the Governments of Pakistan and India to facilitate such a ceasefire;

27.  Encourages the Pakistani Government to close down militant websites and magazines; suggests that the Pakistani and Indian Governments consider introducing a law against hate speech;

28.  Notes that Indian-administered Jammu and Kashmir enjoys a unique status under Article 370 of the Indian Constitution, granting it greater autonomy than other states in the Union; is pleased to see recent moves in Jammu and Kashmir to strengthen democracy (as evidenced by the 75% turnout in recent local elections), and the moves by Prime Minister Singh to reopen dialogue with the APHC; however, notes that there remain deficiencies in practice with regard to human rights and direct democracy, as evidenced by, for example, the fact that all candidates standing for office in Jammu and Kashmir (as in other states) have to sign an oath of loyalty to the Constitution of the State of Jammu and Kashmir which upholds the integrity of India; urges India's National Human Rights Commission (NHRC) to exercise its full mandate with regard to any suspected or documented violations and, to lend it even greater credibility, urges the NHRC to make good the absence of any human rights professionals on its governing board; looks forward to enhanced progress in this area, and to positive outcomes from the new laws on child labour and on women and violence; notes with concern reports that large numbers of Kashmiris are detained without due process;

29.  Deplores documented human rights violations by the armed forces of India, especially if the incidents of killing and rape continue in an atmosphere of impunity; notes with concern that the NHRC has no power under its statutes to investigate human rights abuses perpetrated by the Indian security forces; is nevertheless encouraged by the NHRC's recommendation – which is being observed – that the army nominate senior military officers to oversee the implementation of fundamental human rights and the rule of law in their military units; notes the commitment given by the government of India in September 2005 that human rights violations will not be tolerated; and urges the Lok Sabha to consider amending the Human Rights Protection Act in order to allow the NHRC to investigate independently allegations of abuse by members of the armed forces;

30.  Stresses the risk of maintaining the death penalty in a complex political situation, such as the Kashmir dispute, where the right to a fair trial does not appear to be guaranteed; notes with concern that South Asia continues to have a poor record with regard to the death penalty and deeply regrets that both the Indian and the Pakistani Governments are in favour of its retention; welcomes the fact that key abolitionist voices in the region include President Kalam and the newly appointed Chief Justice to the Supreme Court in India; welcomes UN Human Rights Resolution 2005/59 on the question of the death penalty and reaffirms the EU's human rights guidelines on the death penalty; urges India and Pakistan to consider acceding to the Second Optional Protocol to the ICCPR, and similar regional instruments with a view to introducing a moratorium on the death penalty, and to move towards complete abolition;

31.  Welcomes in this context declarations by Prime Minister Singh calling for "zero tolerance for human rights violations" in Kashmir, and calls on the Indian Government to put an end to all practices of extrajudicial killings, "disappearances", torture and arbitrary detentions in Jammu and Kashmir;

32.  Notes that widespread impunity both encourages and facilitates further human rights abuses across the State; calls on India and the State Government of Jammu and Kashmir to repeal all legal provisions providing effective immunity to members of the armed forces and to establish an independent and impartial commission of inquiry into serious violations of international human rights and humanitarian law by Indian security forces since the beginning of the conflict;

33.  Urges the governments of India and Pakistan to allow international human rights organisations (such as Freedom House, Amnesty International and Human Rights Watch) immediate and unrestricted access to all parts of the former princely state in order to investigate the human rights situation there and to compile regular independent reports on this; urges both governments to commit themselves publicly to full cooperation with such international human rights organisations;

34.  Urges the EU to take a firm stance in upholding the democracy and human rights clause in its agreements with both India and Pakistan, seeking an intense political dialogue with both countries on human rights including within Kashmir, and examining the possibility of setting up a specific human rights dialogue with Pakistan, as is the case already with India, and the establishment of specific human rights subcommittees dealing with both countries, as in the case of certain other countries;

35.  Recognises the difficult living conditions of a number of groups, such as the forcibly displaced Pandits of the Kashmir Valley; urges that discrimination against them and other groups, particularly in employment, be addressed head-on; suggests that such groups seek to empower themselves by establishing committees of their own elected representatives, ensuring that women and under-25s are properly represented;

36.  Suggests that India review the degree of success enjoyed by the setting-up of the Autonomous Hill Council in Ladakh in 1993; hopes that the Kargil-Skardu trade route can be re-established as part of the CBM process and that the Ladakh/Northern Areas division can be bridged by crossing-points similar to those already established elsewhere along the LoC;

37.  In particular, welcomes the general increase in the issue of visas for travel between India and Pakistan, and the reopening of the Srinagar-Muzaffarabad bus route; notes that, according to the latest statistics, its use has been limited to fewer than 400 persons on each side of the LoC; and calls on the Indian and Pakistani authorities to ease restrictions in relation to the issue of travel permits;

38.  Compliments India on its efforts to promote the socio-economic development of Jammu and Kashmir through special packages for the state, and its emphasis on job creation and measures to promote tourism in Jammu and Kashmir, and proposes an examination of how the (forthcoming) EU-India partnership could help with the creation of new skills-based jobs, especially for women and young people; encourages the European Union to support the initiatives of local NGOs to set up projects for capacity-building for women, both for production and for marketing; believes that the European Union could address equal opportunity concerns by increasing trade in products which traditionally provide livelihoods for women, such as textiles and handicrafts, and facilitating trade in services in sectors which employ women; recommends that economic relations between the European Union and Pakistan be strengthened in a similar manner;

39.  Calls on both India and Pakistan to examine the potential role of increased security and respect for human rights in attaining the goals of job creation and increased tourism across the whole of Jammu and Kashmir;

Combating terrorism

40.  Recognises that, without an end to terrorism, there can be no real progress towards a political solution or in improving the economic situation of the population throughout Jammu and Kashmir; notes that, while there has been a steady decline in the number of victims of terrorist attacks over the past five years, the activities of constantly mutating AJK-based terrorist groups such as Lashkar-e-Taiba and Harakat ul-Mujahedeen have caused hundreds of deaths in Indian-administered Jammu and Kashmir and beyond;

41.  Deplores documented human rights violations by Pakistan including in Gilgit and Baltistan, where allegedly violent riots took place in 2004, and the all too frequent incidents of terror and violence perpetrated by armed militant groups; urges Pakistan to revisit its concepts of the fundamental rights of freedom of expression, freedom of association and freedom of religious practice in AJK and Gilgit and Baltistan, and notes with concern allegations by human rights associations such as Amnesty International of torture and detention without due process; strongly urges all parties involved to do all they can to address these violations; welcomes Pakistan's public commitments to curb infiltration across the LoC by militants operating out of territory under its control, but believes it must take much stronger and more effective measures; urges a continuing and determined commitment by President Musharraf to fighting terrorism, which, it is widely recognised, presents enormous challenges; approves and supports multilateral and bilateral EU Member State aid to assist Pakistan in fighting terrorism and in making determined efforts to improve the lives of the people of AJK and Gilgit and Baltistan; furthermore, calls on the Government of Pakistan and EU Member States to intensify their efforts to identify and apprehend potential terrorist recruits coming to Pakistan from EU Member States; welcomes the recent establishment by the two governments of a joint panel, the India-Pakistan Joint Mechanism on Terrorism, to combat terrorism and share intelligence, and notes that the first meeting of the panel took place in Islamabad on 6 March 2007;

42.  Strongly supports the International Crisis Group's recommendations of 11 December 2006 calling on Pakistan to take decisive action to disarm militants in AJK and Gilgit and Baltistan, shut down terrorist training camps, stop terrorist recruitment and training on its territory and end the flow of money and weapons to the Taliban and other foreign or local militants on Pakistani territory;

43.  Recognises and supports the aspiration of the Kashmiri people for a significantly reduced military presence on both sides of the LoC; points out, however, that meaningful demilitarisation can only take place in parallel with genuine action to neutralise the threat of infiltration of Jammu and Kashmir by militant outfits operating out of Pakistan, and alongside CBMs such as putting an end to mutual recriminations, full implementation of the Srinagar-Muzaffarabad bus line, communication and trade links, and other measures defined in close consultation with Kashmiri people on both sides, and notes the beneficial impact that this will have on their mental health and sense of security, particularly for children and young people; stresses that only fresh initiatives which look to the future can bring about a virtuous circle;

44.  Emphasises that, in order to create an atmosphere of confidence and goodwill in the region, it is vital to remove all obstructions and hindrances so that all Kashmiris may travel freely to the entire state of Jammu and Kashmir;

Confidence-building measures

45.  Warmly welcomes the most recent signs of renewed efforts, including, even, considerable policy shifts to resolve the Kashmir dispute on the part of the Pakistani and Indian governments;

46.  Particularly welcomes the steps taken to reunite families divided by the LoC through the opening of five crossing-points; is aware that the opening-up of meeting points on the LoC has been described as being demonstrably slow and not responding to the urgency of the situation on the ground; none the less, encourages and looks forward to increasingly frequent crossings; would like to see these extended to all citizens on both sides and recommends that India and Pakistan instigate measures to facilitate all travel, be it within the former princely state or internationally, by means of fast–track administrative and consular services;

47.  Believes it is vital to increase the frequency of cross-LoC exchanges at all levels of civil society and across all walks of life; suggests that exchange programmes be created between law associations, schools and universities, including a common University with a campus on either side of the divide; to help reduce levels of mutual suspicion between the armies on either side, suggests that military-to-military dialogue be initiated;

48.  Calls on the Governments of India and Pakistan to make the restoration and conservation of the environment in Jammu and Kashmir one of the focal points for common activities and joint plans of action across the LoC, and urges the EU and the Member States to lend strong support to any such projects;

49.  Recommends that consideration be given to the establishment of a joint India-Pakistan monitoring cell for the sharing of data on weather patterns and seismic activity in order to provide early warning of natural disasters originating on either side of the LoC;

50.  At the political level, recommends that a Joint India-Pakistan Parliamentary Committee be established to foster greater parliamentary exchanges and dialogue; similarly, that joint local government working parties be established to explore trade and tourism issues;

51.  Encourages EU businesses to recognise the investment and tourism potential of all of Kashmir, and in particular the existence of a highly motivated workforce; suggests that European businesses might enter into joint ventures with local companies and that investment insurance schemes be created to boost investor confidence; calls on all parties to support and facilitate the representation of the respective chambers of commerce at international trade fairs in the European Union in order to allow them to promote their products for export;

52.  Further supports the call for Pakistan to develop human resources by investing in tertiary education, including vocational training schools and technical colleges in the federally administered areas, including in the Gilgit-Baltistan areas of Kashmir;

53.  Notes that India is the single largest beneficiary of the Generalised System of Preferences scheme (GSP); urges the Commission automatically to revisit the GSP+ scheme, and other appropriate trade measures, in the immediate aftermath of large-scale natural disasters, such as earthquakes; welcomes the commitment given by all South Asian states within the South Asian Association for Regional Cooperation (SAARC) to work effectively towards making the South Asia Free Trade Agreement a political and economic reality which will maximise the benefits for four parts of Jammu and Kashmir, and calls on the Government of Pakistan to end the "positive list" system; notes positively that, although trade between the two countries has fluctuated over the past decade, the overall level of official trade between India and Pakistan has increased from USD 180 million in 1996 to USD 602 million in 2005 and, given that the high level of informal trade indicates the latent trading potential between them, that this trend has the potential to continue and should be encouraged;

54.  Stresses that tourism has considerable potential to bolster the local economy; therefore encourages the governments of the EU Member States to keep a close eye on the security situation, with a view to ensuring the provision of up-to-date, coordinated travel advice to those wishing to travel to Jammu and Kashmir;

Impact of the earthquake of 8 October 2005

55.  Strongly emphasises that the earthquake has had an immense impact on the lives of the Kashmiris on both sides of the LoC, and that the overwhelming humanitarian situation has degraded the fragile institutional capacity on the ground in AJK and NWFP; underlines that day-to-day survival is now the overwhelming priority for the people;

56.  Regrets that, in addition to the massive loss of life, AJK suffered incalculable material damage to its infrastructure (hospitals, schools, government buildings, communication channels) and to what were in many cases already fragile basic institutions and services;

57.  Is deeply saddened that the earthquake had a disproportionate impact on children, with 17,000 children killed according to UNICEF figures; is highly concerned about reports of child trafficking in the aftermath of the disaster and calls on the Government of Pakistan to specifically address the issue of children's rights and protection in AJK and Gilgit and Baltistan and to target child trafficking more effectively;

58.  Draws attention to the plight of the internally displaced persons (IDPs) and people in severe and continuing need created by the earthquake; in the absence of a convention on the rights of IDPs, welcomes the UN's "Guiding Principles", which offer the basis for a humane response to the insidious assault of forced displacement on human rights, and demands that all relevant authorities with an interest in Kashmir respect those principles; calls on the Government of Pakistan to do everything in its power to assign land to the inhabitants of those villages that disappeared in landslides as soon as possible, in order for them to be able to reconstitute themselves as villages and to rebuild permanent housing facilities; strongly recommends that the EU focus consistently on the above principles, as well as on broader issues of democracy, justice and human rights in all four parts of Kashmir; notes also that on both sides of the LoC long-standing 'refugee' camps should be dismantled, and proper attention paid to their occupants' protection, needs and social integration, and the occupants either allowed to return home speedily or be permanently resettled; notes that the international community should offer continuing assistance in this regard;

59.  Stresses that the disaster struck a region already weakened by conflict and terrorism, and where fundamental institutions and regional stability have been constantly undermined by organised crime and infiltration across the LoC by radical Islamist networks exploiting the rugged terrain;

60.  Is appalled that the already minimal basic living conditions experienced in AJK before the earthquake (in terms of food, water, shelter, sanitation, schools and barely adequate health-centres) have been seriously affected as a consequence of the earthquake; urges the authorities concerned, when millions are in basic need, to concentrate their energies on fighting the corruption that has wrongly diverted the flow of funding away from the intended recipients, including disturbing allegations that UN-banned terrorist organisations have been operating in the earthquake zone in AJK; calls on the Commission, Member State governments, the governments of India and Pakistan and aid agencies to continue to concentrate on the basic needs of earthquake victims;

61.  Notes that the size and impact of the earthquake had a much greater effect on the Pakistani side of the LoC, devastating whole swathes of local government infrastructure and unavoidably delaying services needed to respond to the emergency; congratulates the governments, armies and local populations on both sides of the LoC for their dedication, determination and commitment to respond to the manifold challenges which the earthquake caused;

Response to the earthquake of 8 October 2005

62.  Acknowledges that the response to the earthquake from the international community, India and Pakistan was swift and positive in the circumstances prevailing: there were immediate contacts at the highest level between India and Pakistan; domestic and local NGOs responded well, working with the local and central administrations; fully recognises that unprecedented solidarity was shown by the international community and international NGOs in relation to the earthquake survivors and victims, and welcomes the forging of new partnerships; recommends that the European Union look favourably on further requests for additional assistance for reconstruction in the areas affected by the earthquake, and asks the Commission to provide up-to-date information about requests already made in this regard;

63.  Notes, with concern, that the preliminary damage and needs assessment prepared by the Asian Development Bank and the World Bank, to which the Commission contributed, estimates the total loss of employment or livelihood as a consequence of the earthquake at 29%, impacting on approximately 1.64 million people, over half of whom were estimated to be under the age of 15; welcomes the Commission's EUR 50 million project, Earthquake Early Recovery and Reconstruction Support to Pakistan; emphasises that this project should focus on protecting the most vulnerable in the short term, restoring economic activity in the affected areas, including reviving small businesses and replacing lost assets in agriculture, and creating employment opportunities through training and skills enhancement programmes; recommends that, in the medium and long term, measures to rebuild and secure livelihoods should include microfinance and skills enhancement, and urges the Commission to support such strategies in the long term;

64.  Notes with satisfaction the funds released by the Commission for urgent relief operations for the earthquake victims in AJK and Pakistan; however, urges the Humanitarian Commissioner for Development and Humanitarian Aid to accede to the request of the Prime Minister of AJK to release further funds for rehabilitation and reconstruction purposes that will go a long way towards removing the after-effects of this human disaster;

65.  Congratulates all those involved in identifying and addressing the public health needs of earthquake survivors in camps, which, despite the challenges associated with the provision of clean potable water and appropriate sanitation facilities in post-disaster situations, have not seen major outbreaks of water-borne diseases; congratulates the Pakistani Government on having provided shelter and supplies to more than two million displaced persons to sustain them through the winter, and congratulates India on having now re-housed the 30,000 people who were made homeless on its side of the LoC; is concerned that there are reports of thousands of people still living in tents, as witnessed during Parliament's SAARC delegation visit from 15 to 22 December 2006 to AJK;

66.  Notes that Pakistan established a Federal Relief Commission within days of the disaster to coordinate search and rescue and relief operations; regrets, however, that Pakistan was unable to accept Indian offers of helicopters, on the grounds of their pilots' nationalities, as well as cross-LoC joint relief operations, medical relief teams and repair of telecom infrastructure, all of which could have significantly contributed to reducing casualties; regrets, therefore, that the earthquake has not been an opportunity to show the political will to prioritise the humanitarian needs of the Kashmiri population and to overcome political differences;

67.  Welcomes the funds so speedily pledged by Pakistan's neighbouring states (India, China, Iran, Afghanistan) and, on a wider regional basis, by Turkey and the Organization of the Islamic Conference (OIC), and by the international community as a whole; congratulates the European Commission, and, in particular DG ECHO, already present in Pakistan, for its immediate and effective response; encourages donors to deliver as swiftly as possible on their original pledges;

68.  Congratulates the Commission in particular on its programme of rolling funding in response to the earthquake, which has now provided EUR 48.6 million, and which is delivered in partnership with NGOs, the Red Cross and UN agencies; calls for a continuing EU commitment towards reconstruction in Kashmir;

69.  Stresses that reconstruction funds should be significantly focused on initiatives to conserve the remaining forests, notably through the availability of alternative fuel sources, reafforestation, environmental education programmes and, possibly, compensation schemes allowing the AJK government to provide compensation for loss of income resulting from curbs on timber sales;

70.  Regrets that the Pakistani Government insisted that all Indian labels be removed from the humanitarian aid delivered by India before it was distributed;

71.  Highlights the fact that the initially hesitant reaction to the disaster by the Pakistani military created a needs vacuum in the immediate aftermath, which was exploited by militant organisations on the ground, such as the Jamaat-i-Islami, and Jamaat-ud-Dawa, the renamed Lakshar-e-Tayyaba (declared a terrorist organisation and, as such, banned by the Musharraf government in 2002), who swiftly became de facto providers of food, lodging, schooling for children and welfare for widows; is very concerned that this has bolstered the credibility of such polarising groups in the eyes of the local population, further undermining any potential for genuine democratic representation;

72.  Urges the governments of India and Pakistan together with the international community to do all they can to implement safeguards and to monitor closely the use of funds delivered;

73.  Warmly welcomes the landmark agreement of 2 May 2006 to revive trade and commerce across the LoC between the divided regions of Jammu and Kashmir by launching a truck service on the Srinagar-Muzaffarabad route, as well as a second cross-Kashmir bus service, linking Poonch in Jammu and Kashmir with Rawalakot in AJK; suggests the establishment of a road network between Jammu and Sialkot and Gilgit-Baltistan; also suggests the introduction of a rail link between Jammu and Srinagar and improvement of the road connecting the two cities; welcomes Prime Minister Singh's pledge on 23 May 2006 to create an environment of freer trade and freer movement with "soft borders" to create a climate for a Kashmir settlement; strongly encourages both sides to move rapidly to significant volumes of official trade; urges swift agreement on the modalities of road freight, with an emphasis on simplifying them as far as possible; suggests the establishment of an integrated market development plan, with several agri-processing units, cold chains, small-size container services and bonded trucking services;

Conclusions

74.  Urges the EU and its institutions not to let the plight of the people of Jammu and Kashmir disappear from the radar screen and to ensure that aid and other programmes are designed and implemented with long-term recovery and institution-building in mind;

75.  Underlines that, as the EU's own experience demonstrates, one of the keys to improving relations between countries is through increasing bilateral trade flows; believes that, in the case of Jammu and Kashmir, cross-LoC trade is particularly vital to the generation of economic growth, development and the unlocking of its economic potential; recommends that transportation and infrastructure projects be made a priority;

76.  76 Strongly supports continuing initiatives by the political establishments on both sides and at all levels, and urges them to give priority to the needs of the people of Kashmir, both materially and institutionally, so that their political, economic, social and cultural disadvantages can be redressed; recommends that the EU be available to respond to requests from either government;

77.  Recognises the outstanding work being undertaken by the Commission's delegations in Islamabad and New Delhi;

78.  Notes that natural disasters sometimes create the political conditions for peacemaking; that nature knows no borders and that it is only by Pakistan and India taking sustainable action together that they can offer the people of Kashmir any hope of rebuilding a future;

o
o   o

79.  Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States, to the Governments of the Republic of India and of the Islamic Republic of Pakistan, the competent authorities or governments of Indian and Pakistani–administered Jammu and Kashmir, and the People's Republic of China, and to the United Nations.

(1) OJ C 227 E, 21.9.2006, p. 589.
(2) OJ C 280 E, 18.11.2006, p. 469.
(3) OJ C 297 E, 7.12.2006, p. 341.
(4) Texts Adopted, P6_TA(2006)0388.
(5) OJ C 104 E, 30.4.2004, p. 1040.
(6) OJ L 378, 23.12.2004, p. 22.
(7) OJ C 104 E, 30.4.2004, p. 988.
(8) For a list of all resolutions, please consult the Annex to report A6-0158/2007 of the Committee on Foreign Affairs.


Estonia
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European Parliament resolution of 24 May 2007 on Estonia
P6_TA(2007)0215RC-B6-0205/2007

The European Parliament,

–   having regard to the EU Presidency Statement of 2 May 2007 on the situation in front of the Estonian embassy in Moscow,

–   having regard to the statement made by its President Hans-Gert Pöttering and the debate in plenary on the situation in Estonia on 9 May 2007,

–   having regard to the numerous statements of support for Estonia by the Council, the Commission and governments of the Member States,

–   having regard to Rule 103(4) of its Rules of Procedure,

A.   whereas, in the capital of Estonia and in parts of north-east Estonia, between 26 and 28 April 2007, demonstrators protesting against the Estonian Government's decision to relocate the Soviet "monument to the liberators of Tallinn" from the centre of the Estonian capital to the Cemetery of the Estonian Defence Forces a few kilometres away were responsible for two nights of violence, which started with demonstrators attacking the police and resulted in widespread vandalism in the centre of Tallinn,

B.   whereas police were seen using force only in extreme situations, and the Estonian Chancellor of Justice has not identified any mismanagement of the actions of the police,

C.   whereas the Government of Estonia explained in advance the reasons for its decision to the Government of the Russian Federation, offering to cooperate with them during the relocation of the monument and encouraging Russian representatives to attend the exhumations of the remains, which the Russian authorities refused to do,

D.   whereas the exhumations were conducted strictly in accordance with international standards and norms of dignified conduct and whereas the monument has been reopened in the military cemetery with an official ceremony and participation by anti-Hitler coalition representatives,

E.   whereas the violent demonstrations and attacks on law and order were carried out with the active organisation and cooperation of forces located outside Estonia,

F.   whereas several high-level declarations have been made in Russia, including an official statement by the State Duma delegation on its visit to Tallinn, calling on the Estonian Government to step down,

G.   whereas the Estonian Prime Minister Andrus Ansip has declared that these events constitute a well-coordinated and flagrant intervention into the internal affairs of Estonia,

H.   whereas immediately after the riots in Tallinn the normal functioning of the Estonian embassy in Moscow was blocked for seven days by hostile demonstrators from the Russian pro-government youth organisation "Nashi", which resulted in physical attacks on the Estonian and Swedish Ambassadors, threats to demolish the embassy building, the tearing down of the Estonian flag situated on embassy territory, and the labelling of Estonia a "fascist" country,

I.   whereas systematic cyber attacks have been organised, mostly from outside Estonia, in an attempt to block official communication lines and Estonian administration websites; whereas those attacks have come from Russian administration IP addresses, and whereas intensive propaganda attacks have continued via the Internet and mobile telephone messages calling for armed resistance and further violence,

J.   whereas only a few days after the events in Tallinn, wide-scale restrictions on Estonian exports to Russia were introduced, with Russian companies suspending contracts with Estonian firms, Estonia's energy supplies being threatened and the Estonia-St. Petersburg train connection being suspended with effect from the end of June 2007,

K.   whereas the Russian authorities, including the State Duma delegation, have unfortunately refused to enter into dialogue with the Estonian authorities and declined even to participate in a joint press conference at the Foreign Ministry,

L.   whereas Metropolitan Cornelius of the Estonian Orthodox Church of Moscow Patriarchate has stated that there are no grounds for intercommunal conflict and that he sees no reason to present the riots as a conflict between Estonian-language and Russian-language communities,

M.   whereas the events were further fuelled by misinformation issued by Russian media channels, provoking further protests,

N.   whereas only a tiny part of the ethnic Russian population participated in the demonstrations and looting, the considerable number of policemen of Russian background performed their duty with excellence, and the great majority of all those questioned approved the conduct of the Estonian Government,

O.   whereas Estonia, as an independent Member State of the EU and NATO, has the sovereign right to assess its recent tragic past, starting with the loss of independence resulting from the Hitler-Stalin Pact of 1939 and ending only in 1991,

P.   whereas the Soviet occupation and annexation of the Baltic States was never recognised as legal by the Western democracies,

Q.   whereas, in its resolution of 12 May 2005 on the 60th anniversary of the end of the Second World War in Europe on 8 May 1945(1), the European Parliament concluded that "for some nations the end of World War II meant renewed tyranny inflicted by the Stalinist Soviet Union" and congratulated the central and eastern European countries on the occasion of their liberation "after so many decades under Soviet domination or occupation",

R.   whereas only the legal successor to the Soviet Union, the Russian Federation, still denies the fact of the illegal incorporation of the Baltic States into the Soviet Union,

1.  Expresses its support for, and solidarity with, the democratically elected Estonian Government in its efforts to ensure order, stability and the rule of law for all residents of Estonia;

2.  Regards attacks targeting one of the smallest EU Member States as a test case for the European Union's solidarity;

3.  Considers inadmissible the various attempts to interfere in the internal affairs of Estonia by the Russian authorities;

4.  Is alarmed by the inadequate protection by the Russian authorities of the Estonian embassy in Moscow and by the physical attacks on the Estonian Ambassador by the "Nashi" demonstrators; calls on the Russian Government to respect the 1961 Vienna Convention on Diplomatic Relations without any exception;

5.  Condemns the attempts by Russia to exert economic pressure on Estonia as an instrument of foreign policy and calls on the Russian Government to restore normal economic relations between the two states;

6.  Reminds the Russian authorities that the indiscriminate and openly hostile rhetoric used by the Russian authorities against Estonia is in sharp contrast to the principles of international behaviour and will affect EU-Russia relations generally;

7.  Calls on the Commission and all the Member States to assist in the analyses of the cyber attacks on Estonian websites and to present a study on how such attacks and threats might be addressed at EU level; calls on Russia to assist in these investigations to the full;

8.  Calls on the Russian Government to engage in an open and unbiased dialogue with the eastern and central European democracies on the history of the 20th century, as well as on the crimes against humanity, including those of totalitarian communism, committed then;

9.  Welcomes the words of the Estonian President Toomas Hendrik Ilves, who emphasised that people who came to Estonia in Soviet times and now live in the Republic of Estonia, as well as their children and grandchildren, are all Estonian fellow countrymen, that all Estonians have their own, very painful experience of life under three consecutive occupying powers in the last century, and that there is a need to be able to see and understand the tragedies of others, and who furthermore reminded all parties concerned that, for that purpose, the Estonian domestic dialogue must be enhanced so as to bridge existing gaps between the different communities and to create new opportunities to integrate Russian-speaking countrymen in particular;

10.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Government and Parliament of the Russian Federation.

(1) OJ C 92 E, 20.4.2006, p. 392.


The Radio Caracas TV channel case in Venezuela
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European Parliament resolution of 24 May 2007 on the Radio Caracas TV channel case in Venezuela
P6_TA(2007)0216RC-B6-0206/2007

The European Parliament,

–   having regard to Rule 115(5) of its Rules of Procedure,

A.   whereas media pluralism and freedom of expression are indispensable pillars of democracy,

B.   whereas media freedom is of primary importance for democracy and respect for fundamental freedoms, given its essential role in guaranteeing the free expression of opinions and ideas and in contributing to people's effective participation in democratic processes,

C.   whereas the non-renewal of the broadcasting licence of the private audiovisual group Radio Caracas Televisión (RCTV), which expires on 27 May 2007, may endanger the future of a media organisation employing 3 000 people,

D.   whereas the non-renewal of the licence of this audiovisual organisation, one of Venezuela's oldest and most important, will deprive a large section of the public of a pluralist source of information, thus undermining the right of the press to hold the authorities to account,

E.   whereas the President of Venezuela, Hugo Chávez, has announced that he is not going to renew RCTV's broadcasting licence, which expires on 27 May 2007,

F.   whereas RCTV is, according to the statements of the Venezuelan Government, the only media organisation affected by this decision concerning the non-renewal of a licence,

G.   whereas Articles 57 and 58 of Venezuela's Constitution guarantee freedom of expression, communication and information,

H.   whereas Venezuela is a signatory to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the American Convention on Human Rights,

I.   whereas RCTV has appealed to the Venezuelan High Court of Justice, but the Court has failed to rule within the time-limit laid down by law,

J.   whereas the position with which the RCTV management is being reproached should be the subject, if the authorities consider it necessary, of ordinary legal proceedings,

K.   whereas this decision, which was publicly announced on 28 December 2006 by the Head of State himself, thus establishes an alarming precedent for freedom of expression in Venezuela,

1.  Reminds the Government of Venezuela of its obligation to respect, and ensure respect for, freedom of expression and opinion and freedom of the press, as it is bound to do under its own Constitution and under the Inter-American Democratic Charter, the International Covenant on Civil and Political Rights and the American Convention on Human Rights, to which Venezuela is a signatory;

2.  Calls on the Government of Venezuela, in the name of the principle of the impartiality of the State, to ensure equal treatment under the law for all media, whether private or public, irrespective of all political or ideological considerations;

3.  Calls for a dialogue between the Venezuelan Government and the country's private media, while strongly deploring the Government's total unwillingness to engage in dialogue in general, and in the case of RCTV in particular;

4.  Calls, therefore, on the relevant delegations and committees of Parliament to examine this issue;

5.  Instructs its President to forward this resolution to the Council, the Commission, the Secretary-General of the Organization of American States, the Euro-Latin American Parliamentary Assembly, the Mercosur Parliament and the Government of the Bolivarian Republic of Venezuela.


Human rights in Syria
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European Parliament resolution of 24 May 2007 on Syria
P6_TA(2007)0217RC-B6-0212/2007

The European Parliament,

–   having regard to the United Nations Universal Declaration of Human Rights of 1948,

–   having regard to Article 11(1) of the Treaty on European Union, which establishes the promotion of human rights as an objective of Common Foreign and Security Policy and Article 177 of the Treaty establishing the European Communities,

–   having regard to its previous resolutions on Syria and the Middle East and to its resolution of 26 October 2006 containing its recommendation to the Council on the conclusion of a Euro-Mediterranean Association Agreement between the European Community and its Member States, of the one part, and the Syrian Arab Republic, of the other part(1),

–   having regard to the EU Presidency statement of 14 May 2007 on the sentencing of the intellectual Michel Kilo and the political activist Mahmoud Issa in Syria,

–   having regard to the International Covenant on Civil and Political Rights, which was ratified by Syria on 21 April 1969,

–   having regard to Rule 115(5) of its Rules of Procedure,

A.   whereas respect for human rights is an essential part of the Euro-Mediterranean Partnership, manifested in a Cooperation Agreement between the EU and Syria and an Euro-Mediterranean Association Agreement between the European Community and its Member States, of the one part, and the Syrian Arab Republic, of the other part still to be finalised,

B.   whereas the European Parliament and its President have already intervened several times to obtain the release of human rights activists, politicians and parliamentarians detained in Syrian prisons,

C.   whereas Michel Kilo, a militant pro-democracy writer, who was arrested on 14 May 2006, mainly because of his position on the Beirut-Damascus Declaration, and Mahmoud Issa were sentenced on 13 May 2007 to a three-year prison term,

D.   whereas Suleiman Al-Shamar, leading member of the Democratic National Community, and Khalil Hussein, President of the Public Relations Office at the Kurd Future Trend, were sentenced to ten years" imprisonment for "weakening the national ethic" and "conspiring with a foreign country",

E.   whereas Fayek El Mir and Aref Dalila, members of various human rights organisations in Syria, have been detained in solitary confinement for six years now,

F.   whereas Syrian security forces arrested Kamal al-Labwani, a physician and co-founder of the Democratic Liberal Gathering, on 8 November 2005 upon his return from a trip to Europe, the United States and Egypt, and he has now been sentenced to 12 years" imprisonment with hard labour on politically motivated charges,

G.   whereas Anwar Al Bunni, a founding member of the Syrian Human Rights Organisation and a lawyer specialising in human rights issues, was arrested on the streets of Damascus in 2006 when he was on the verge of taking up a post as director of a human rights centre financed by the European Union and has now been sentenced to five years" imprisonment for "spreading false information harmful to the state",

1.  Expresses its great concern at the recent verdicts handed down to political prisoners and human rights activists in Syria which affect every political trend of the opposition;

2.  Is deeply concerned at the restrictions imposed on, and the charges made against, Mahmoud Issa, Fayek El Mir, Aref Dalila, Kamal al-Labwani, Anwar Al Bunni, Michel Kilo, Suleiman Al-Shamar and Khalil Hussein for exercising their democratic rights and engaging in peaceful activities;

3.  Urges the Syrian authorities to comply strictly with international human rights law and, in particular, with the International Covenant on Civil and Political Rights, as well as with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Syria in 1969 and 2004 respectively;

4.  Calls on Syria to respect freedom of opinion and the right to a fair trial;

5.  Urges the Syrian authorities to take note of the UN Human Rights Committee's concerns and to:

   a) ensure that the abovementioned detainees are treated well and not subjected to torture or other ill-treatment,
   b) ensure that detained or imprisoned persons are given prompt and regular access to their lawyers, doctors and families;

6.  Urges the relevant Syrian bodies to reverse the abovementioned judgments, drop the charges still pending in the Military Court of Damascus and release all the abovementioned prisoners of conscience and political prisoners;

7.  Calls for the abrogation of the state of emergency in Syria, which was established more than 40 years ago;

8.  Calls in particular on the Community institutions to provide all necessary support to Syrian civil society activists through the European Neighbourhood and Partnership Instrument (ENPI) and the newly adopted European Instrument for Democracy and Human Rights (EIDHR), including by implementing without delay the so-called ad hoc measures dedicated to human rights defenders;

9.  Asks Syria, which could play an important role in promoting peace in the region, to improve and support human rights and freedom of expression in the country;

10.  Calls on Syria to support the setting up of a penal tribunal of international nature once the enquiry being led by Judge Brammertz, Commissioner of the UN International Independent Investigation Commission, in Lebanon is completed;

11.  Instructs its President to forward this resolution to the Council, the Commission, the Government and the Parliament of the Syrian Arab Republic.

(1) Texts Adopted, P6_TA(2006)0459.


Human rights in Sudan
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European Parliament resolution of 24 May 2007 on human rights in Sudan
P6_TA(2007)0218B6-0208/2007

The European Parliament,

–   having regard to Rule 115(5) of its Rules of Procedure,

A.   whereas a criminal court in Managil province, Gazira state, central Sudan, headed by Judge Hatim Abdurrahman Mohamed Hasan, sentenced Sadia Idriss Fadul (a 22-year-old female from the Fur ethnic group, Darfur) and Amouna Abdallah Daldoum (a 23-year-old female of the Tama ethnic group, Darfur) on 13 February 2007 and 6 March 2007 respectively to death by stoning for having committed adultery,

B.   whereas stoning constitutes a cruel and inhuman punishment, and whereas the severe punishment of adultery violates the basic human rights and international obligations subscribed to by the Republic of Sudan,

C.   whereas Sadia Idriss Fadul and Amouna Abdallah Daldoum have appealed against the judgement,

D.   whereas, according to a letter sent by the Embassy of the Republic of the Sudan in Brussels, the death sentences were quashed because Sadia Idriss Fadul and Amouna Abdallah Daldoum were not provided with the "the necessary legal advocacy" during the trial and the criminal court will review the case "in the light of the appeal court's legal remarks",

E.   whereas on 3 May 2007 the criminal court of Nyala in south Darfur sentenced Abdelrhman Zakaria Mohamed and Ahmed Abdullah Suleiman, both males aged 16, to death for hanging on murder, causing injury intentionally and robbery,

F.   whereas the Republic of Sudan has ratified the UN Convention on the Rights of the Child, in accordance with which the government undertook to carry out no executions of anyone under 18 years of age,

G.   whereas the Sudanese Government is a signatory to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000(1) (Cotonou Agreement), and EU cooperation with ACP countries is based on respect for human rights, democratic principles and the rule of law,

H.   whereas the Republic of Sudan is signatory to the human rights clause of the Cotonou Agreement and to the International Covenant on Civil and Political Rights,

I.   whereas the African Charter on Human and Peoples" Rights, ratified by the Republic of Sudan, includes provisions protecting the right to life and prohibiting torture and cruel, inhuman or degrading punishment and treatment, but whereas the death penalty, flogging, amputation and other corporal punishment continue to be carried out for a number of criminal offences,

J.   whereas on 14 March 2007 the Commission announced an additional EUR 45 million in humanitarian aid to Sudan (bringing the total so far for 2007 to EUR 85 million), demonstrating the European Union's commitment to the people of Sudan,

1.  Welcomes the quashing of the death sentences – if indeed they are confirmed by the court itself – and calls on the Sudanese Government to guarantee the physical and psychological integrity of Sadia Idriss Fadul and Amouna Abdallah Daldoum;

2.  Calls on the Sudanese Government to repeal the death sentences against, and guarantee the physical and psychological integrity of, Abdelrhman Zakaria Mohamed and Ahmed Abdullah Suleiman;

3.  Strongly reminds the Sudanese Government that the use of the death penalty against child offenders is prohibited under international law;

4.  Calls on the Council, the Commission, and the Member States to:

   a) condemn the use of the death penalty, flogging and other corporal, cruel or degrading punishment, to promote the right to life and the prohibition of torture and cruel, inhuman or degrading punishment and treatment and to promote women's rights in their relations with the Sudanese authorities, including the right of women and girls to be free from discrimination and violence, in line with international law and standards; and
   b) promote respect for human rights and fundamental freedoms in their relations with the Sudanese authorities, including compliance with national law and international human rights standards, such as the International Covenant on Civil and Political Rights, to which the Republic of Sudan has been a State Party since 1986, the UN Convention on the Rights of the Child, to which Sudan has been a State Party since 1990, and Article 96 (the human rights clause) of the Cotonou Agreement, which the Sudanese Government signed in 2005;

5.  Calls on the Sudanese Government to revise its judicial system accordingly and to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty;

6.  Calls on the Sudanese Government to accede to the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, as well as the Protocol of the Court of Justice of the African Union, both adopted in Maputo, Mozambique on 11 July 2003;

7.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the ACP-EU Council and Joint Parliamentary Assembly, the Secretaries-General of the United Nations and the African Union, and the Government of Sudan.

(1) OJ L 317, 15.12.2000, p. 3.

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