Proposal for a Council framework decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (COM(2001) 259 – C5&nbhy;0359/2001 – 2001/0114(CNS))

P5_TA(2002)0195 A5-0123/2002

The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament Amendment 1 Recital 2 (2)  The need for legislative action to tackle illicit drug trafficking has been recognised in particular in the Action Plan of the Council and the Commission, adopted by the Justice and Home Affairs Council in Vienna on 3 December 1998, on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice; the conclusions of the Tampere European Council of 15 and 16 October 1999, in particular point 48 thereof, the European Union's Drugs Strategy (2000&nbhy;2004) adopted at the Helsinki European Council from 10 to 12 December 1999 and the European Union's Action Plan on Drugs (2000&nbhy;2004) endorsed by the European Council in Santa Maria da Feira on 19 and 20 June 2000. (2)  The need for legislative action to tackle illicit drug trafficking has been recognised in particular in the Action Plan of the Council and the Commission, adopted by the Justice and Home Affairs Council in Vienna on 3 December 1998, on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice; the conclusions of the Tampere European Council of 15 and 16 October 1999, in particular point 48 thereof, the European Union's Drugs Strategy (2000&nbhy;2004) adopted at the Helsinki European Council from 10 to 12 December 1999 and the European Union's Action Plan to Combat Drugs (2000&nbhy;2004) endorsed by the European Council in Santa Maria da Feira on 19 and 20 June 2000. In its resolution of 19 November 1999 on a European Union action plan to combat drugs (2000-2004)(1), the European Parliament made various references to the link between serious crime and drug trafficking and called for legislative action to be taken to combat illicit drug trafficking. _________________ (1) OJ C 189, 7.7.2000, p. 256. Amendment 2 Recital 2 a (new) (2a) In view of the health risks, European Union drugs policy should focus on prevention. Tackling illicit drug trafficking can only be a component of this general drugs policy. Amendment 3 Recital 2 b (new) (2b) Repression should be targeted not at drug users themselves, but at drug traffickers and the criminal and terrorist organisations which derive funds from trafficking in order to finance their illegal activities. Amendment 4 Recital 6 It is  necessary, on the one hand, to provide for more severe penalties when certain circumstances accompany the illicit drug trafficking and make it an even greater threat to society, for example when trafficking is carried out by a criminal organisation. On the other hand, provision should be made for reducing the penalties when the offender has supplied the competent authorities with valuable information, in particular by helping to identify drug-dealing networks. It is  necessary to provide for more severe penalties when certain circumstances accompany the illicit drug trafficking and make it an even greater threat to society, for example when trafficking is carried out by a criminal organisation. Amendment 5 Recital 7 It is  necessary to take measures to enable the confiscation of the proceeds of the offences referred to in this framework decision. It is  necessary to take measures to enable the confiscation of the instrumentalities, proceeds and advantages of the offences referred to in this framework decision. Member States should take the necessary measures to ensure that confiscation of proceeds also serves to increase budgets for programmes for prevention and for the rehabilitation of drug users and for programmes to support their families. Amendment 6 Recital 8 a (new) (8a) It is also essential to cooperate with the competent international bodies in cases of illicit international drug trafficking beyond the borders of the Member States. Amendment 7 Recital 9 (9)  Measures should also be foreseen for the purposes of cooperation between Member States with a view to ensuring effective action against illicit drug trafficking. (9)  Measures should also be foreseen for the purposes of systematic and effective cooperation between Member States with a view to ensuring effective action against illicit, organised, international drug trafficking. In this context, Europol and Eurojust, as bodies firstly for police and secondly for judicial cooperation, should be recognised and become fully operational. Greater operationality requires a stronger legal basis, particularly so as to ensure control by the European Parliament and full jurisdiction for the Court of Justice of the European Communities. Amendment 8 Recital 9 a (new) (9a) It is necessary for the Member States to achieve a minimum consensus on the admissibility of the various investigative methods, resulting in a binding instrument ensuring minimum safeguards with regard to procedural law. Amendment 10 Article -1 (new) Article -1 Scope This framework decision relates to tackling serious and/or international illegal drug trafficking. Amendment 9 Article 1, point 1 1. "illicit drug trafficking" means the act, without authorisation, of selling and marketing as well as, for profit, of cultivating, producing, manufacturing, importing, exporting, distributing, offering, transporting or sending or, for the purpose of transferring for profit, of receiving, acquiring and possessing drugs; 1. "illicit drug trafficking" means the act, without authorisation and irrespective of the medium of communication, of selling and marketing as well as, for profit, of cultivating, producing, manufacturing, importing, exporting, distributing, offering, transporting or sending or, for the purpose of transferring for profit, of receiving, acquiring and possessing drugs; Amendment 11 Article 3 Member States shall take the necessary measures to make incitement to commit, aiding and abetting or attempting to commit the offence referred to in Article 2 a criminal offence. Member States shall take the necessary measures to make incitement, irrespective of the medium of communication, to commit, aiding and abetting or attempting to commit the offence referred to in Article 2 a criminal offence. Amendment 12 Article 4, paragraph 1a (new) 1a. The degree of seriousness shall be assessed on the basis of a number of factors such as the scale of the trafficking, its frequency, the type of drugs involved, having regard to the health risks, or the amount of money made from the trafficking. Amendment 13 Article 4, paragraph 3 3.  Member States shall provide for the possibility of imposing fines in addition to or as an alternative to custodial sentences. 3.  Member States shall provide for the possibility of imposing fines and alternative penalties in addition to custodial sentences. Amendment 14 Article 4, paragraph 3a (new) 3a. The proceeds from the measures set out in paragraphs 2 and 3 shall be used for programmes for prevention and for the rehabilitation of drug users and for programmes to support their families. Amendment 15 Article 5, paragraph 1, introduction 1.  Without prejudice to any other aggravating circumstances defined in their national legislation, Member States shall provide for the following aggravating circumstances in respect of the offences referred to in Articles 2 and 3. 1.  Without prejudice to any other aggravating circumstances defined in their national legislation, Member States shall provide, in a manner compatible with their own law, for the following aggravating circumstances in respect of the offences referred to in Articles 2 and 3. Amendment 16 Article 5, paragraph 1, points (a) to (f) (a) the offender has an important role in the organisation of the drug trafficking, or the offence was committed by a criminal organisation; (a) the offender has an important role in the organisation of the drug trafficking, or the offence was committed by a criminal organisation or in order to finance a terrorist organisation; (b) the offence involves violence or the use of weapons; (b) the offence involves violence or the use of weapons; (ba) the offender has been convicted of one or more similar offences by a final judgement in a Member State; (c) the offence involves minors or persons who are unable to exercise their free will; (c) the offence involves minors or persons who are unable to exercise their free will; (d) the offence was committed in or near schools, youth clubs and leisure centres, or institutions for the treatment and rehabilitation of drug addicts; (d) the offence was committed in or near schools, youth clubs and leisure centres, or institutions for the treatment and rehabilitation of drug addicts; (e) the offender is a doctor, pharmacist, court official, police officer, customs officer, prison officer, probation officer, teacher, instructor or works in an educational establishment and abused this position to commit the offence; (e) the offender has abused his or her position or placed another person under moral, psychological and/or physical duress in order to commit the offence. (f) the offender has been convicted of one or more similar offences by a final judgement in a Member State of the Union. Amendment 17 Article 6 Article 6 Mitigating Circumstances Without prejudice to any other mitigating circumstances defined in their national legislation, Member States shall take the necessary measures to ensure that the penalties referred to in Article 4 can be reduced if the offender has supplied the competent authorities with valuable information for the enquiry or the collection of evidence about the identity of other offenders, or has helped to identify drug-dealing networks. Deleted Amendment 18 Article 7, paragraph 1, point (b) (b) an authority to take decisions on behalf of the legal person, or (b) an authority to take decisions on the legal person's account, or Amendment 19 Article 8, point (f) (f) the confiscation of property that was the object of the offence and the proceeds and advantages derived directly or indirectly from the offence. (f) the confiscation of the instrumentalities and property that were the objects of the offence and the proceeds and advantages derived directly or indirectly from the offence. Amendment 20 Article 9, paragraph 1, point (b) (b) the offender is one of their nationals; (b) the offender is one of their nationals or is permanently or temporarily resident on their territory; Amendment 21 Article 10, paragraph 2 2.  If several Member States have jurisdiction over an offence referred to in Article 2 or 3, they shall consult one another with a view to co-ordinating their action and, where appropriate, to bringing a prosecution. They shall make full use of judicial cooperation and other mechanisms. 2.  If several Member States have jurisdiction over an offence referred to in Article 2 or 3, they shall consult one another with a view to co-ordinating their action and, where appropriate, to bringing a prosecution. That coordination shall take place through all available cooperation mechanisms, both police-related and judicial. Amendment 22 Article 11, paragraph 1, subparagraph 2 They shall immediately send the Commission and the General Secretariat of the Council the text of the provisions transposing the obligations imposed upon them by this framework decision. They shall immediately send the Commission the text of the provisions transposing the obligations imposed upon them by this framework decision. Amendment 23 Article 11, paragraph 3 3.  On the basis of the information referred to in paragraphs 1 and 2, the Commission shall draw up a report evaluating the application of the provisions of this framework decision by the Member States for the first time by 30 June 2007 at the latest, and every five years thereafter. This report shall be sent to the European Parliament and to the Council, where necessary accompanied by proposals for the amendment of this framework decision. 3.  On the basis of the information referred to in paragraphs 1 and 2, the Commission shall draw up a report evaluating the application of the provisions of this framework decision by the Member States for the first time by 30 June 2007 at the latest, and every three years thereafter. This report shall be sent to the European Parliament and to the Council, where necessary accompanied by proposals for the amendment of this framework decision.

Legislative resolution>\*MERGEFORMATEuropean Parliament legislative resolution on the proposal for a Council framework decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (COM(2001) 259 – C5-0359/2001 – 2001/0114(CNS))

(Consultation procedure)

The European Parliament,

–  having regard to the Commission proposal (COM(2001) 259)(2),

–  having been consulted by the Council pursuant to Article 39(1) of the Treaty on European Union (C5-0359/2001),

–  having regard to Rules 106 and 67 of its Rules of Procedure,

–  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0460/2001),

–  having regard to the second report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0123/2002),

1.  Approves the Commission proposal as amended;

2.  Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3.  Asks to be consulted again if the Council intends to amend the Commission proposal substantially;

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

(1) OJ C 304 E, 30.10.2001, p. 172. (2) OJ C 304 E, 30.10.2001, p. 172.

Decision of the European Parliament concerning discharge in respect of the implementation of the general budget of the European Union for the 2000 financial year - Section II - Council (SEC(2001) 530 – C5-0239/2001 –2001/2104(DEC)), Section IV - Court of Justice (SEC(2001) 530 – C5-0240/2001 –2001/2105(DEC)), Section V - Court of Auditors (SEC(2001) 530 – C5-0241/2001 –2001/2106(DEC)), Section VI - Economic and Social Committee (SEC(2001) 530 – C5-0242/2001 –2001/2107(DEC)), Section VII - Committee of the Regions (SEC(2001) 530 – C5-0243/2001 –2001/2108(DEC)), Section VIII - Ombudsman (SEC(2001) 530 – C5-0244/2001 –2001/2109(DEC)) and concerning discharge in respect of the implementation of the general budget of the European Union for the 1996-1999 financial years, Section VI - Economic and Social Committee (SEC(1997) 402 – C4-0197/1997 – 1997/2076(DEC), SEC(1998) 521 – C4-0353/1998 – 1998/2011(DEC), SEC(1999) 414 – C5-0008/1999 – 1999/2166 (DEC), SEC(2000) 539 – C5-0312/2000 – 2000/2156 (DEC))

P5_TA(2002)0196 A5-0113/2002

The European Parliament,

–  having regard to the Revenue and Expenditure Account and Balance Sheet in respect of the financial year 2000 (SEC(2001) 530 – C5-0240/2001, C5-0241/2001, C5-0242/2001, C5-0243/2001, C5-0244/2001),

–  having regard to the annual report of the European Court of Auditors for the financial year 2000, together with the institutions' replies (C5-0617/2001)(1),

–  having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the European Court of Auditors pursuant to Article 248 of the EC Treaty (C5-0617/2001),

–  having regard to the Council's recommendation of 5 March 2002 (C5-0124/2002),

–  having regard to Articles 272(10) and 275 of the EC Treaty,

–  having regard to Article 22(2) and (3) of the Financial Regulation,

–  having regard to the report of the Committee on Budgetary Control (A5-0094/2002),

–  having regard to the second report of the Committee on Budgetary Control (A5-0113/2002),

A.  whereas it is incumbent upon Parliament to monitor the efficient use of the European Union's budget on the basis of reports from the Court of Auditors; this evaluation should involve an assessment of the way in which taxpayers' money is spent and an appraisal of the effectiveness and impact of the Community budget in carrying out the policies and goals laid down in the Treaties and in secondary legislation;

B.  whereas the concept of value for money is of vital importance in assessing the performance of all EU institutions;

C.  whereas Parliament adopted a resolution on 4 April 2001 postponing the decision concerning discharge in respect of the general budget of the European Union for the financial year 1999 Section VI - Part A: Economic and Social Committee(2), following similar postponements in respect of the financial years 1996, 1997 and 1998;

D.  whereas the Treaty of Nice changed the description of the members of the Economic and Social Committee (ESC) so that it will in future – if the Treaty is ratified - consist of "representatives of the various economic and social components of organised civil society" (Article 257 of the EC Treaty); for the Committee of the Regions (CoR) it explicitly states that the members must hold a regional or local electoral mandate or be politically accountable to an elected assembly (Article 263 of the EC Treaty);

E.  whereas in its resolution of 31 May 2001 on the Treaty of Nice and the future of the European Union(3) (paragraph 24) Parliament applauded the provisions relating to the ESC, "which make it more representative of the various sectors of society" and those relating to the CoR, "the democratic legitimacy of whose members is strengthened";

F.  whereas Council Regulation (EC, ECSC, Euratom) No 2673/1999 of 13 December 1999 amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(4) which entered into force on 1 January 2000 stated that the Ombudsman's budget would in future represent an independent section (Section VIII) within the general budget of the European Union;

G.  whereas under the terms of Article 22(5) of the Financial Regulation, the Ombudsman is to be treated, for the purposes of the Financial Regulation, as an institution of the Communities;

H.  whereas although the Ombudsman is appointed by the European Parliament, he is completely independent in the performance of his duties and he enjoys full budgetary autonomy since 2000 which justifies a discharge decision separate from the one relating to the Secretary-General of the European Parliament;

General matters concerning all institutions

1.  Notes the Court of Auditors' observations (see paragraph 7.3 of the Annual Report) that the general approach adopted by the institutions to the analysis of budgetary management does not inform readers of the most significant features of expenditure for the year; agrees with the Court that the institutions should provide a more global analysis in the future, focusing on the main trends in expenditure and the major capital items, as well as identifying the key savings and measures of efficiency;

2.  Endorses the Court's recommendation (paragraph 7.66) that the institutions in Brussels should explore the possibility of setting up a joint structure to take charge of the various technical and financial aspects of construction matters; urges the institutions to pursue their efforts to create a joint structure in Luxembourg;

3.  Invites all institutions to comply with the recommendations of the Court (paragraph 7.35) to amend the way they set out their budget so as to distinguish between rent, costs of acquisition and other types of expenditure, such as lease payments where there is an option to purchase;

4.  Recalls the second paragraph of Article 24 of the Financial Regulation which requires each financial controller to draw up an annual report on his work; asks that each of these annual reports in respect of all the institutions be forwarded to Parliament's Committee on Budgetary Control, as soon as possible, so that they may be taken into account in the preparation of the next discharge decision;

5.  Recalls that Article 24a(4) of the Financial Regulation requires each internal auditor to submit an annual internal report to his institution on his work; asks that these reports be transmitted to Parliament's Committee on Budgetary Control so as to help that Committee in its assessments in the discharge context;

6.  Notes that the eighth paragraph of Article 24 of the Financial Regulation requires that, as regards financial controllers, "their appointment, their promotion and disciplinary rules or transfer, and any interruption or termination of appointment by whatever procedure shall be the subject of reasoned decisions to be forwarded, for information, to the European Parliament, the Council, the Commission and the Court of Auditors"; insists that all such documentation be sent to Parliament's Committee on Budgetary Control in the context of its discharge responsibilities;

Section II – Council

7.  Notes the reply from the Chairman of the Permanent Representatives Committee dated 25 January 2002 to the questionnaire sent by the Committee on Budgetary Control on 6 December 2001 and the additional information received subsequently;

8.  Is grateful for the answers provided by the Council relating to budgetary aspects of the Common Foreign and Security Policy; notes that a substantial part of the Council's budget is now spent on activities in the fields of foreign affairs, security and defence policy and justice and home affairs, and that the expenditure in these areas is not currently subject to the same close scrutiny as the administrative and operational expenditure of the other Institutions;

9.  Accepts that the European Parliament and the Council have not, in the past, scrutinised the implementation of their respective sections of the budget; considers that in view of the increasingly operational nature of expenditure, financed under the Council's administrative budget, in the fields of foreign affairs, security and defence policy and justice and home affairs, the scope of this arrangement should be clarified with a view to distinguishing traditional administrative expenditure from operations in these new policy areas;

Section IV – Court of Justice

10.  Welcomes the fact that for the first time the balance sheet includes the value of buildings held by the Court of Justice under a lease with an option to purchase;

11.  Notes with satisfaction the Court of Justice's reply that when the balance sheet for the financial year 2001 is drawn up, the net accounting value will be amended to take account of the over-valuation of the buildings (incorrect calculation of depreciation) pointed out by the Court of Auditors (paragraph 7.13);

12.  Notes the Court of Auditors' finding (paragraph 7.14) that the reliability of the value of the other tangible fixed assets shown on the balance sheet, i.e. EUR 9.8 million in total, cannot be guaranteed; notes that the Court of Justice addresses this point in its replies;

13.  Draws attention to an apparent contradiction between the Court of Auditors' statement (paragraph 7.14) that the Court of Justice has still not implemented the new inventory management system or conducted a full physical inventory and the Court of Justice's replies to the annual report for 2000 and to the questionnaire forwarded by the Committee on Budgetary Control;

14.  Notes that the Court of Justice's replies do, however, refer to inconsistencies between the physical inventory and the data recorded in the new computerised system;

15.  Invites the Court of Justice in the interest of clarification to submit a full report to the Committee on Budgetary Control by 1 July 2002 setting out the current position with regard to its inventory management system;

16.  Recalls that in the context of the 1999 discharge procedure it considered the Court of Auditors' Special Report No 5/2000(5) on the Court of Justice's expenditure on buildings (see paragraph 20 of the Special Report) and asked to be informed of the conclusions of the expert appointed jointly with the Luxembourg authorities by the first reading of the 2002 draft budget;

17.  Notes that according to paragraph 7.67 of the Court of Auditors' Annual Report these investigations into invoicing irregularities had only just started in June 2001 and that the Court of Justice(6) expects them to be completed during the first half of 2002;

18.  Asks the Court of Justice to forward the expert's report on invoicing irregularities as soon as it is available to the Committee on Budgetary Control, together with the separate expert's report determining items of expenditure which should not be included in the final statement of account;

19.  Notes that the Court of Auditors (paragraph 7.27 of the Annual Report) found five cases where the grounds for claiming exemption from tender procedures were questionable, of which four related to the Court of Justice, and one case (also concerning the Court of Justice) where a procurement need appeared to have been split into several contracts; takes note of the replies of the Court of Justice which justify the procedures followed in all five cases; endorses the recommendation of the Court of Auditors (paragraph 7.30) that "all institutions should apply the same thresholds when deciding whether a proposed procurement of services or supplies falls within the scope of Public Procurement Directives 92/50/EEC and 93/36/EEC";

20.  Notes that the time required for the Court of Justice to complete its judicial work has increased, as has the backlog of cases pending; calls on the Court of Justice and the Court of Auditors to make more in-depth assessments of the causes of such problems in order to identify in particular exactly what may be attributed to the court procedures provided for in the Treaty, what to administrative problems that can be resolved and what to a lack of staff and facilities;

Section V - Court of Auditors

21.  Notes the report(7) by the independent auditor (KPMG Audit, Luxembourg) on the Court of Auditors' accounts for the financial year 2000;

22.  Points out that while the Court of Auditors gives a single Statement of Assurance based on the consolidated accounts of all revenue and expenditure of the Community in accordance with Article 248(1) of the Treaty, that Statement of Assurance nevertheless contains remarks concerning the legality and regularity of the transactions carried out by individual institutions (paragraph 7.6); asks the Court in the interests of greater transparency to examine the possibility of issuing a separate Statement of Assurance for each institution in its next annual report;

23.  Welcomes the addition to Article 248(1) by the Treaty of Nice of a provision to the effect that the statement of assurance "may be supplemented by specific assessments for each major area of Community activity";

24.  Calls on the Court of Auditors to adapt the Statement of Assurance into an instrument enabling the discharge and budgetary authorities to compare and monitor progress in financial management and control over time, preferably in a quantified manner;

25.  Urges the Court to agree with the Commission on a common methodology for calculating error rates by Directorate-General or by category of expenditure; suggests the Court uses data from Member States resulting from obligatory controls in the field of agriculture and the structural funds in order to increase the sample; expects the Court to publish a global error rate and error rates by Directorate-General or by category of expenditure in the context of the 2001 discharge;

26.  Welcomes the fact that as regards Parliament's demand for "naming" specific Member States found or suspected to be deficient in protecting the financial interests of the Union, the annual report for 2000 and the special reports published during the year already contain references to individual Member States; regrets that the Court(8) does not consider it appropriate to list in an annex to the annual report the individual errors identified in each Member State in an easily readable way;

27.  Welcomes the priority being given by the Court to improving the presentation of its audit observations in its reports so as to make them more consumer-friendly by the use of more informative headings and more clearly identified recommendations but waits for action on this before making a judgment on its success;

Requests made to the Court of Auditors

28.  Notes that on taking office the members of the Court, in accordance with their code of conduct, complete a form containing information concerning their financial interests and assets which is forwarded to the President of the Court; takes the view that these declarations, like those of Members of the European Parliament and of the Commission, should be published on the Internet as requested in paragraph 18 of Parliament's decision of 4 April 2001 concerning discharge in respect of the implementation of the general budget of the European Union for the 1999 financial year: Section IV ‐ Court of Justice, Section V ‐ Court of Auditors, Section VI ‐ Part B ‐ Committee of the Regions (9); invites the Court as recomposed following the new appointments made with effect from 1 January 2002 to take a formal decision on this issue and communicate it in writing to the Committee on Budgetary Control by 1 July 2002;

29.  Asks the Court to include in its work programme for 2003 a timetable indicating anticipated completion of the Court's special reports;

30.  Recalls paragraph 19 of its abovementioned decision of 4 April 2001 requesting the Court to extend its auditing activities to the Council, thus enabling Parliament, if appropriate, to make observations on the implementation of that institution's budget in the framework of the discharge procedure;

31.  Notes with satisfaction that the annual report for 2000 contains remarks concerning the Council (mission expenses, entry of depreciation of buildings in the balance sheet) to which the Council has consented to reply (paragraphs 7.2 and 7.12);

Section VI - Economic and Social Committee (ESC)
Value for money

32.  Emphasises that the Parliament has a responsibility to ensure that the European taxpayer is well served and that it has a duty to ensure value for money;

33.  Points out that in recent years the views of some of the organisations represented in the ESC have been increasingly channelled through the European Parliament;

34.  Notes that the Social Protocol first referred to in the Maastricht Treaty, and later incorporated into the Social Chapter of the EC Treaty (Article 138) makes provision for the social partners to be consulted in the formulation of policy;

35.  Points out that the ESC can only be consulted on the formulation of policy and can make recommendations but that the social dialogue by contrast can lead to binding legislation;

36.  Is concerned on the one hand that the social partners are critical about the lack of resources available to them for the social dialogue and on the other hand notes that in 2000 the ESC's final budget was EUR 80 976 436; enlargement is expected to bring its annual expenditure up to EUR 99.6 million(10) by 2004 (although some of this includes joint costs with the CoR);

37.  Points out that this is the first time the Parliament has had the opportunity to assess the value for money of the ESC since the entry into force of the Amsterdam Treaty and since the social dialogue has been set up;

38.  Recognises that the ESC can act as a forum for interest groups which would not otherwise be able to make their voices heard in the EU context;

39.  Believes that there is a real question as to the value for money of running both the ESC and the social dialogue;

40.  Points out that responsibility for nominating Members of the ESC lies with the Member States; urges the Member States to examine carefully their representation within the ESC in the context of the forthcoming renewal of its membership;

41.  Takes the view that ESC Members must improve their efforts to ensure that information about the ESC's activities reaches the grass roots, e.g. trade unionists in the Member States;

42.  Urges the ESC to continue its efforts on the path towards modernisation;

43.  Invites the ESC to redouble its efforts to consult as wide a network as possible of national contacts in order to increase the visibility of the ESC;

44.  Calls on the Commission to think again about the efficiency and significance of the ESC in the context of the some 300 existing consultative bodies and committees configured around the Commission, so as to avoid overlapping and duplication of effort;

OLAF report

45.  Recalls that in previous years' discharge procedures Parliament decided to postpone its decision in respect of the ESC for the financial years 1996, 1997, 1998 and 1999 pending clarification of irregularities concerning the payment of Members' travel allowances in 1995-1996;

46.  Draws attention to paragraph 2 of its resolution of 7 October 1998 informing the Economic and Social Committee of the reasons for the postponement of the decision concerning the discharge of the general budget of the European Union for the 1996 financial year - Section VI - Part A - Economic and Social Committee(11) in which Parliament called for the issue to be referred to the Court of Auditors and to UCLAF:

47.  Notes that following Parliament's abovementioned resolution of 7 October 1998:

48.  Regrets, however, that OLAF was unwilling to supply a copy of the final report to the Chairman of the Committee on Budgetary Control;

49.  Notes that according to its standard practice OLAF delivered its report to the ESC on the understanding that it was the responsibility of the ESC to pass it on to the European Parliament;

50.  Notes the finding by the OLAF Supervisory Committee (minutes of the Supervisory Committee meeting of 15 and 16 January 2002) that OLAF had not been in a position to handle that case appropriately and that its investigation had been a failure in every respect;

51.  Endorses the call by the OLAF Supervisory Committee for no-holds-barred disclosure of the reasons for that failure and notes that, to date, no credible explanation has been given as to why:

52.  Requests the OLAF Supervisory Committee to notify the Committee on Budgetary Control of the outcome of its further investigations into this matter; expects disciplinary proceedings to be instituted if suspicions are confirmed that, in this case, there was gross negligence on the part of OLAF's senior management and that the actions of a number of officials called into question their competence as investigators;

53.  Considers that procedures must be devised to allow Parliament's competent committee to be given access by OLAF to reports directly concerning the discharge procedure; acknowledges the need for such information to be dealt with on a confidential basis where judicial or analogous investigations are still pending; invites OLAF to submit proposals for the sharing of such information in future cases, subject if necessary to appropriate safeguards;

54.  Commends the current Chairman and Secretary-General of the ESC for their willingness to provide a copy of the OLAF report, albeit on a confidential basis, and all other documentation requested by the Chairman of the Committee on Budgetary Control and the rapporteur;

55.  Regrets that the OLAF report has been so long delayed and that its late arrival now obviates implementation of its recommendations either for the recovery of further sums from its Members or for disciplinary proceedings against officials;

56.  Notes that the Belgian judicial authorities decided in August 2001 to file the matter without further action on the ground inter alia that the facts disclosed were now so old as to be time-barred under the Belgian statute of limitations;

57.  Notes serious worries in the report, such as OLAF's failure to interview in their capacity as authorising officers the Secretaries-General of the ESC in office at the time of the events in question and immediately thereafter; regrets that as regards its substantive findings, the report does not enable the extent of administrative responsibility to be fully determined;

58.  Points out that it would have been open to the ESC itself to refer the matter to UCLAF or the Belgian judicial authorities when it was first informed of the results of its Financial Controller's inquiries in 1996 but that it did not do so;

59.  Regrets that so much time was allowed to pass and the apparent lack of any real effort on the part of those in positions of responsibility at the ESC at the relevant time to take early remedial action despite clear knowledge of the seriousness of the irregularities affecting the reimbursement of travel expenses in 1995-1996;

60.  Regrets that OLAF was impeded in the conduct of its inquiries by the reluctance of certain airlines to confirm that specific journeys claimed for by ESC Members had actually been made; believes that it is not acceptable for OLAF's legitimate inquiries to be thwarted in this way; invites OLAF to submit proposals for dealing with such situations more vigorously should they arise in the future;

61.  Recognises that the members of the ESC receive no remuneration from that institution for their activities on its behalf other than the reimbursement of travel and subsistence expenses;

62.  Notes as regards the financial year 2000 and the period to date that the ESC has embarked on a substantial programme of modernisation(14) comprising:

63.  Notes that the ESC failed to make every effort to limit the loss to the taxpayer or make good that loss as far as possible; points out in this connection that:

Section VII - Committee of the Regions (CoR)

64.  Notes from the Committee of the Regions' replies to the Court of Auditors' Annual Report (paragraph 7.22) that the CoR is often unable to use the results of tenders organised by other institutions either for official reasons or because they do not take account of the Committee's specific needs;

65.  Calls upon the larger institutions in the interests of economy and efficiency to make greater use of inter-institutional calls for tender and in the preparatory stages thereof to ensure whenever possible that due account is taken of the specific needs of the smaller institutions; invites all the institutions to examine the feasibility of using other institutions' tender procedures on the basis of "mutual recognition";

66.  Notes that as from 1 January 2000 the Common Organisational Structure with the ESC was replaced by a cooperation agreement between the two committees which maintains joint operations in the majority of departments but establishes autonomy in the finance and staff departments; asks the CoR to submit a report evaluating the budgetary advantage of maintaining separate finance and staff departments for the two committees to the Committee on Budgetary Control and to the Committee on Budgets by 1 July 2002;

Buildings policy (ESC and CoR)

67.  Notes that on 15 December 2000 the ESC and the CoR signed contracts each conferring a 27-year lease with an option to purchase the Belliard and Montoyer buildings respectively;

68.  Welcomes the reply to paragraph 7.33 by the ESC and the CoR that the capital value of the Montoyer and Belliard buildings will be included in their balance sheets for 2001, together with the advance of EUR 26 million already paid;

69.  Recalls the conclusion of the Court of Auditors (paragraph 7.68) that "the committees (ESC and CoR) when renewing and renegotiating the contract concerning the Belliard building formerly occupied by the European Parliament found themselves in a difficult position as a result of an obligation placed upon them by the Parliament, i.e. that of taking over this building, for which the Parliament had signed a lease running until 2007";

70.  Recalls that in paragraph 9 of its abovementioned resolution of 4 April 2001 postponing the 1999 discharge for the ESC, Parliament undertook "to examine the conditions of this agreement in next year's discharge procedure";

71.  Notes that the essential features of the overall arrangement were as follows:

72.  Recalls that by letter of 17 October 2000 the Chairman and rapporteur of the Committee on Budgets informed the ESC and the CoR that the signature of the contract was in line with the principles set by Parliament on 28 March 2000 when it approved the carry-over of EUR 26 million intended to finance the specific functional requirements of the two committees; the Committee on Budgets therefore had no objection to the two committees signing 27-year lease contracts for the Belliard and Montoyer buildings;

73.  Draws attention, however, to the remark by the Court of Auditors (paragraph 7.27(c)) that the rental contract also covered refurbishment work which was not put out to tender; notes that the two committees' replies do not address this point;

74.  Observes that the two committees responded to the Court of Auditors' suggestion (paragraph 7.68) that the contract should be renegotiated forthwith to provide the option of an early repayment under economically reasonable conditions; notes, however, that the owners were unwilling to offer acceptable terms and that the two committees had therefore suspended negotiations;

75.  Points out that while the contracts signed on 15 December 2000 have the advantage of providing the two committees with up-to-date accommodation suitable for their needs and which they will ultimately own outright, and removing from Parliament's accounts the budgetary burden of a building which was no longer required after the opening of the D3 (Spinelli building), the Belliard building will have been unoccupied for some six years but with rent still being paid from the Community budget from September 1997 to late 2003 or early 2004;

76.  Observes moreover that the move to the Belliard building will generate further financial consequences, namely:

77.  Notes that as a consequence of the ESC's takeover of the Belliard building, the owners have avoided a situation in which they would in 2007 have recovered possession of an obsolete building with some asbestos contamination(15) and therefore requiring full renovation at their sole expense in order to be made suitable for re-letting;

78.  Endorses the recommendation by the Court of Auditors (paragraph 7.66), broadly welcomed by the institutions in their replies, for the setting-up of a joint structure to take charge of the technical and financial aspects of construction matters for the EU institutions in Brussels and Luxembourg;

Section VIII - Ombudsman

79.  Recalls that in paragraph 41 of its decision of 4 April 2001 concerning discharge in respect of the implementation of the general budget of the European Union for the 1999 financial year ‐ Section I ‐ European Parliament/Ombudsman (Annex) (16) Parliament pointed out the need to avoid the cancellation of a significant part of the appropriations available to the Ombudsman;

80.  Notes that in the Ombudsman's implementation of the 2000 budget the proportion of initial appropriations cancelled was 17.52% (1999: 14.46%; 1998: 8.58%), representing an upward trend; repeats its request to the Ombudsman to improve the take-up of the funds placed at his disposal by the budgetary authority;

Discharge decisions

81.  Grants discharge to the Secretary-General of the Economic and Social Committee in respect of the implementation of its budget for the financial years 1996 and 1997;

82.  Grants discharge to the Secretary-General of the Economic and Social Committee in respect of the implementation of its budget for the financial years 1998 and 1999;

83.  Grants discharge to the Registrar of the Court of Justice, to the Secretaries-General of the Court of Auditors, the Economic and Social Committee and the Committee of the Regions and to the Ombudsman in respect of the implementation of their budgets for the financial year 2000;

o
o   o

84.  Instructs its President to forward this decision to the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions and to the Ombudsman and to have it published in the Official Journal (L series).

(1) OJ C 359, 15.12.2001. (2) OJ C 21 E, 24.1.2002, p. 236. (3) OJ C 47 E, 21.2.2002, p. 108. (4) OJ L 326, 18.12.1999, p. 1. (5) OJ C 109, 14.4.2000. (6) Replies to the questionnaire, paragraph 4.3. (7) OJ C 312, 7.11.2001. (8) Replies to questionnaire, paragraph 6.1. (9) OJ L 160, 15.6.2001, p. 38. (10) ESC report to the budgetary authorities, October 2001. (11) OJ C 328, 26.10.1998, p. 115. (12) Opinion n° 7/98 on the effectiveness of the methods of recovery applied by the ESC and on the new system introduced in the ESC for the administration and reimbursement of travel expenses. (13) The investigative unit which replaced UCLAF with effect from 1 July 1999 (http://europa.eu.int/comm/dgs/olaf/mission/en.htm). (14) "The ESC on the road to modernisation", October 2000 (15) ESC/CoR progress reports to the Committee on budgets, 6.10.2000 and 14.6.2001. (16) OJ L 160, 15.6.2001, p. 25.

European Parliament resolution on the change of legal basis of the proposal for a European Parliament and Council regulation amending Regulation 218/92/EEC on administrative co-operation in the field of indirect taxation (VAT) (C5-0103/2002 - 2000/0147(COD)

P5_TA(2002)0197 A5-0140/2002

The European Parliament,

–  having regard to the proposal from the Commission to the European Parliament and to the Council (COM(2000) 349 – C5-0298/2000 - 2000/0147(COD))(1),

–  having regard to the European Parliament's position at first reading(2),

–  having been consulted by the Council on the change of legal basis (C5-0103/2002),

–  having regard to Rule 70 of its Rules of Procedure

–  having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the changement of the legal basis

–  having regard to the report of the Committee on Economic and Monetary Affairs (A5-0140/2002),

1.  Confirms its position at first reading;

2.  Disputes the appropriateness of the new legal basis proposed by the Council,

3.  Insists that Article 95 of the EC Treaty is the appropriate legal basis;

4.  Calls on the Council therefore to forward its common position to Parliament;

5.  Instructs its President to forward this resolution to the Council and Commission.

(1) OJ C 337 E, 28.11.2000, p. 63. (2) OJ C 232, 17.8.2001, p. 301.

European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council decision on Community incentive measures in the field of employment (PE-CONS 3609/2002 – C5&nbhy;0097/2002 – 2000/0195(COD))

P5_TA(2002)0198 A5-0111/2002

(Codecision procedure: third reading)

The European Parliament,

–  having regard to the joint text approved by the Conciliation Committee and the relevant Commission statement (PE-CONS 3609/2002 – C5&nbhy;0097/2002),

–  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2000) 459(2)),

–  having regard to the amended proposal (COM(2001) 124(3)),

–  having regard to its position at second reading(4) on the Council common position(5),

–  having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2001) 730 &nbhy; C5&nbhy;0616/2001),

–  having regard to Article 251(5) of the EC Treaty,

–  having regard to Rule 83 of its Rules of Procedure,

–  having regard to the report of its delegation to the Conciliation Committee (A5&nbhy;0111/2002),

1.  Approves the joint text and draws attention to the Commission statement thereon;

2.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

3.  Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;

4.  Instructs its President to forward this legislative resolution to the Council and Commission.

(1) OJ C 276, 1.10.2001, p. 145. (2) OJ C 337 E, 28.11.2000, p. 242. (3) OJ C 180 E, 26.6.2001, p. 182. (4) Texts Adopted, 23.10.2001, Item 9. (5) OJ C 301, 26.10.2001, p. 14.

European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (16th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (PE-CONS 3616/2002 – C5&nbhy;0137/2002 – 1992/0449(COD))

P5_TA(2002)0199 A5-0110/2002

(Codecision procedure: third reading)

The European Parliament,

–  having regard to the joint text approved by the Conciliation Committee and the relevant joint Parliament and Council statement (PE-CONS 3616/2002 – C5&nbhy;0137/2002),

–  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1992) 560(2)),

–  having regard to the amended proposal (COM(1994) 284(3)),

–  having regard to its position at second reading(4) on the Council common position(5),

–  having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2001) 717 &nbhy; C5&nbhy;0604/2001),

–  having regard to Article 251(5) of the EC Treaty,

–  having regard to Rule 83 of its Rules of Procedure,

–  having regard to the report of its delegation to the Conciliation Committee (A5&nbhy;0110/2002),

1.  Approves the joint text and draws attention to the relevant joint Parliament and Council statement thereon;

2.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

3.  Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;

4.  Instructs its President to forward this legislative resolution to the Council and Commission.

(1) OJ C 128, 9.5.1994, p. 146. (2) OJ C 77, 18.3.1993, p. 12. (3) OJ C 230, 19.8.1994, p. 3. (4) Texts Adopted, 23.10.2001, Item 11. (5) OJ C 301, 26.10.2001, p. 1.

Draft and Supplementary Amending Budget No 2/2002 of the European Union for the financial year 2002 (7033/2002 – C5-0131/2002 – 2002/2043(BUD))

Amendment 1

SECTION III: Commission

(amounts in €)

.../...

NOMENCLATURE: Unchanged

REMARKS: Unchanged

SCHEDULE: Enter automated schedule

Amendment 2

General statement of revenue (amounts in €)

NOMENCLATURE: Unchanged

REMARKS: Amend as follows:

SCHEDULE: Enter automated schedule

European Parliament resolution on the Draft Supplementary and Amending Budget No 2/2002 of the European Union for the financial year 2002 (7033/2002 – C5-0131/2002 – 2002/2043(BUD))

P5_TA(2002)0201 A5-0109/2002

The European Parliament,

–  having regard to Article 272 of the EC Treaty, Article 78 of the ECSC Treaty and Article 177 of the Euratom Treaty,

–  having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities, as last amended by Regulation (EC, ECSC, Euratom) No 762/2001 of 9 April 2001(1), and particularly Article 15,

–  having regard to the general budget of the European Union for the financial year 2002, as finally adopted on 13 December 2001(2),

–  having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(3),

–  having regard to the preliminary Draft Amending Budget No 2/2002 of the European Union for the financial year 2002, presented by the Commission on 27 February 2002 (SEC(2002) 222),

–  having regard to the Draft Supplementary and Amending Budget No 2/2002, established by the Council on 12 March 2002 (7033/2002– C5-0131/2002),

–  having regard to Rule 92 of and Annex IV to its Rules of Procedure,

–  having regard to the report of the Committee on Budgets (A5-0109/2002),

A.  whereas the Draft Supplementary and Amending Budget No 2/2002 aims to budget a preliminary amount of EUR 10 billion of the positive balance carried over from 2001 (the consequence of underspends relative to the amounts allowed in 2001) in addition to the EUR 1.2 billion of the positive balance already budgeted,

B.  whereas it also recalculates the financing of the 2002 budget on the basis of Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources(4) which entered into force on 1 March 2002,

C.  whereas Parliament adopted its position(5) on the proposal for the new own resources decision on 17 November 1999, only 3 months after having been consulted, in order to avoid delays in the entry into force of that decision,

D.  whereas the provisions of the new own resources decision were already applied by the Commission in calculating the revenue side of its 2002 Preliminary Draft Budget,

E.  whereas the Commission had to present Letter of Amendment 3/2002, shortly before Parliament's second reading of the 2002 budget, in order to revert to the provisions of the 1994 own resources decision for calculating the revenue side, because a number of Member States had not been able to ratify the new decision in time,

F.  whereas, under the new own resources decision, Member States are allowed to keep an increased percentage of traditional own resources in collection costs; whereas the SAB at hand takes this adjustment into account,

G.  whereas serious doubts exist as to whether this increase in retained collection costs – from 10% to 25% - is justifiable with respect to the real costs Member States incur in collecting the traditional own resources,

H.  noting that the definitive balance from 2001 will be presented in yet another SAB to be presented by the Commission in May 2002,

1.  Considers it inappropriate to unnecessarily increase the number of budgetary procedures for amending and rectifying budgets and asks the Commission to use its right of initiative in a more rational way;

2.  Notes that the first estimate of the surplus from the preceding financial year is extremely high; asks the Commission to present, by May 2002, an analysis of the causes of such an unacceptable situation in order to assess, budget line per budget line, whether responsibility can be attributed to Commission management, Member States or regional authorities and/or beneficiaries;

3.  Notes that, once again, the rigidity of the system excludes the possibility that unspent appropriations be used for other needs and urges the Commission to present some proposals in this respect;

4.  Considers that additional payment appropriations, within the limits of the existing ceiling, should now be made available for 2002 so as not to unwisely increase the balance of outstanding payments for the future (RAL); takes this view especially in light of the fact that the Commission has indicated that a difficult situation as regards payment appropriations can already be foreseen for the 2003 budget; calls on the Commission to present, with SAB No 3/2002, a thorough and more accurate assessment of the needs for 2002;

5.  Welcomes the budgetary decision to introduce amendments to the Council Draft Supplementary Amending Budget No 2/2002;

6.  Instructs its President to forward this resolution accompanied by the amendments to the Council and the Commission.

(1) OJ L 111, 20.4.2001, p. 1. (2) OJ L 29, 31.1.2002. (3) OJ C 172, 18.6.1999, p. 1. (4) OJ L 253, 7.10.2000, p.42 (5) OJ C 189,7.7.2000, p.72

Proposal for a Council directive laying down minimum standards on the reception of applicants for asylum in Member States (COM(2001) 181 – C5&nbhy;0248/2001 – 2001/0091(CNS))

P5_TA(2002)0202 A5-0112/2002

The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament Amendment 1 Recital 1 (1)  A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the Community. (1)  A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the European Union. Amendment 2 Recital 1 a (new) (1a) The Council and Commission action plan of 3 December 1998 on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice(1) calls for the adoption, as quickly as possible and in accordance with the Treaty of Amsterdam, of minimum standards for the reception conditions of applicants for asylum. __________________ (1) OJ C 19, 23.1.1999, p. 1. Amendment 3 Recital 2 (2)  The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing a Common European Asylum System, based on the full and inclusive application of the Geneva Convention relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, thus maintaining the principle of non-refoulement and ensuring that nobody is sent back to persecution. (2)  The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing a Common European Asylum System, based on the full and inclusive application of the Geneva Convention relating to the Status of Refugees of 28 July 1951, as supplemented and amended by the New York Protocol of 31 January 1967, pursuant to the application of the principle established under international law of non-refoulement, thus ensuring that nobody is sent back to persecution. Amendment 4 Recital 3 (3)  The Tampere Conclusions provide that a Common European Asylum System should include, in the short term, common minimum conditions of reception of applicants for asylum. (3)  The Tampere Conclusions provide that a Common European Asylum System should include, in the short term, common minimum standards applicable to the conditions of reception of applicants for asylum. Amendment 5 Recital 3 a (new) (3a) Within the framework of the EU, more extensive mechanisms should be set up so that the problems arising from migration flows can be tackled better and more effectively. Amendment 6 Recital 3 b (new) (3b) The common European asylum system should level up not level down standards in the EU. Amendment 7 Recital 4 (4)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European. Union. In particular this Directive seeks to ensure full respect for human dignity and right to asylum of applicants for asylum and their accompanying family members, and to promote the application of Articles 1 and 18 of the Charter of Fundamental Rights of the European Union. (4)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European. Union. In particular this Directive seeks to ensure full respect for human dignity and right to asylum of applicants for asylum and their accompanying family members, and to promote the application of Articles 1, 18 and 19 of the Charter of Fundamental Rights of the European Union. Amendment 8 Recital 6 (6)  Minimum standards for the reception of applicants for asylum that will normally suffice to ensure them a dignified standard of living and comparable living conditions in all Member States should be laid down. (6)  Minimum standards for the conditions applicable to the reception of applicants for asylum that will ensure them a dignified, comparable standard of living in all Member States should be laid down. Amendment 9 Recital 6 a (new) (6a) The establishment of minimum standards for the reception of applicants for asylum is a positive step towards a European asylum policy. This does not alter the fact that there is still a need for further integration of asylum policy between the Member States. A common European approach is more necessary than ever. Amendment 10 Recital 7 (7)  The harmonisation of conditions for the reception of applicants for asylum should help to limit the secondary movements of applicants for asylum influenced by the variety of conditions for their reception. (7)  The harmonisation of conditions for the reception of applicants for asylum should help to limit the secondary movements of applicants for asylum between the Member States where such movements are essentially prompted by the differences in the conditions for their reception. Amendment 11 Recital 9 (9)  The number and the quality of reception conditions should be increased in relation to long lasting procedures in so far [as] the length of the procedure is not caused by negative behaviour by applicants for asylum. Deleted Amendment 12 Recital 10 (10)  Reception of groups with special needs should be specifically designed to meet those needs. (10)  Reception of groups and individuals with special needs should be specifically designed to meet those needs. Amendment 15 Recital 15 (15)  The efficiency of national reception systems and co-operation among Member States in the field of reception of applicants for asylum should be secured. (15)  The efficiency of national systems and cooperation among Member States in the field of the reception conditions of applicants for asylum should be secured. Amendment 16 Recital 17 It is  in the very nature of minimum standards that Member States have the power to introduce or maintain more favourable provisions for third country nationals and stateless persons who ask for international protection from a Member State. It is  in the very nature of minimum standards that Member States have the power to introduce or maintain more favourable provisions for third country nationals and stateless persons who ask for international protection from a Member State than those laid down in this directive. Amendment 17 Recital 19 (19)  The Member States should provide for penalties in the event of infringement of the national provisions adopted pursuant to this Directive. (19)  The Member States should provide for penalties in the event of an observed infringement of the national provisions adopted pursuant to this Directive. Amendment 18 Recital 21 (21)  In accordance with the principles of subsidiarity and proportionality set out in Article 5 of the Treaty, the objective of the proposed action, namely to establish minimum standards on the reception of applicants for asylum in Member States, cannot be attained by the Member States and, by reason of the scale and effects of the proposed action can therefore only be achieved by the Community. This Directive confines itself to the minimum required to achieve that objective and does not go beyond what is necessary for that purpose, (21)  In accordance with the principle of subsidiarity set out in Article 5 of the Treaty, the objective of the proposed action, namely to establish minimum standards on the reception of applicants for asylum in Member States, cannot be adequately attained by the Member States and, by reason of the scale and effects of the proposed action can therefore only be achieved by the Community. Pursuant to the proportionality principle laid down in Article 5 of the Treaty, this Directive confines itself to the minimum required to achieve that objective and does not go beyond what is necessary for that purpose, Amendment 19 Article 1 The purpose of this Directive is to establish minimum standards on the reception of applicants for asylum in Member States. The purpose of this Directive is to establish minimum standards on the reception of third-country nationals and stateless persons applying for asylum or another form of international protection in Member States. Amendment 20 Article 2, point (a) (a) "Geneva Convention" means the Convention relating to the status of refugees done at Geneva on 28 July 1951, as supplemented by the New York Protocol of 31 January 1967; (a) "Geneva Convention" means the Convention relating to the status of refugees done at Geneva on 28 July 1951, as supplemented and amended by the New York Protocol of 31 January 1967; Amendment 21 Article 2, point (b) (b) "Application for asylum" means a request by a third country national or a stateless person for international protection from a Member State which can be understood to be on the grounds that that person is a refugee within the meaning of Article 1(A) of the Geneva Convention. Any application for international protection is presumed to be an application for asylum unless a third country national or a stateless person explicitly requests another kind of protection that can be applied for separately; (b) "Application for asylum" means a request for any kind of international protection, be it on the grounds of Article 1(A) of the Geneva Convention or any other form of protection granted by a Member State. Amendment 114 Article 2, point (c) (c) "Applicant" or "applicant for asylum" means a third country national or a stateless person who has made an application for asylum in respect of which a final decision has not yet been taken. A final decision is a decision in respect of which all possible remedies under Council Directive …/…/EC [on minimum standards on procedures in Member States for granting and withdrawing refugee status](1) have been exhausted; (c) "Applicant" means a third country national or a stateless person who has made an application for asylum or another form of international protection in respect of which a final decision has not yet been taken. A final decision is a decision in respect of which all possible remedies have been exhausted; (1) COM(2000) 578 final. Amendment 115 Article 2, point (d), introduction and point (i) (d) "Family members" means, in so far as the family already existed in the country of origin, the following members of the applicant's family: (d) "Family members" means the following members of the applicant's family: (i) the spouse or unmarried partner in a stable relationship, if the legislation of the Member State where the application has been lodged or is being examined treats unmarried couples in the same way as married couples; (i) the spouse or unmarried partner, irrespective of sex, in a stable relationship, if the legislation or practice of the Member State where the application has been lodged or is being examined treats unmarried or same-sex couples and married couples in a corresponding manner; Amendment 25 Article 2, point (d), point (ii) (ii) the children of the couple referred to in point (i) or of the applicant, on condition that they are unmarried and dependent and without distinction according to whether they were born in or out of wedlock or adopted; (ii) the children of the couple referred to in point (i) or of the applicant, on condition that they are minors, unmarried and dependent and without distinction according to whether they were born in or out of wedlock or adopted; Amendment 26 Article 2, point (f) (f) "Refugee" means a person who fulfils the requirements of Article 1(A) of the Geneva Convention; (f) "Refugee" means a third-country national or a stateless person who fulfils the requirements of Article 1(A) of the Geneva Convention; Amendment 27 Article 2, point (g) (g) "Refugee status" means the status granted by a Member State to a person who is a refugee and is admitted as such to the territory of that Member State; (g) "Refugee status" means the status granted by a Member State to a person who is recognised as a refugee and is admitted as such to the territory of that Member State or is authorised to remain and reside therein; Amendment 28 Article 2, point (j) (j) "Reception conditions" means the full set of measures that Member States grant to applicants for asylum in accordance with this Directive; (j) "Reception conditions" means the full set of measures provided by Member States for applicants for asylum and which are granted in accordance with this Directive; Amendment 29 Article 2, point (k) (k) "Material reception conditions" mean the reception conditions that include housing, food and clothing, provided in kind, or as financial allowances or in vouchers, and a daily expenses allowance; (k) "Material reception conditions" mean the reception conditions that include, as a minimum, housing, food and clothing, provided in kind, or as financial allowances; Amendment 30 Article 2, point (l) (l) "Detention" means confinement of an applicant for asylum by a Member State within a restricted area, such as prisons, detention centres or airport transit zones, where the applicant's freedom of movement is substantially curtailed; (l) "Detention" means confinement of an applicant for asylum by a Member State within a restricted area, where the applicant's freedom of movement is substantially curtailed; Amendment 31 Article 2, point (m) (m) "Accommodation centre" means any place used only for collective housing of applicants for asylum and their accompanying family members; (m) "Accommodation centre" means any place used for collective housing of applicants for asylum and their accompanying family members; Amendment 32 Article 2, point (n) (n) "Detention centre" means any place used for housing, in a detention situation, applicants for asylum and their accompanying family members; it includes accommodation centres where the applicants' freedom of movement is restricted to the centres. (n) "Detention centre" means any place used for housing, in a detention situation, applicants for asylum and their accompanying family members; Amendment 33 Article 3, paragraph 1 1.  This Directive shall apply to all third country nationals and stateless persons who make an application for asylum at the border or on the territory of a Member State and to their accompanying family members. 1.  This Directive shall apply to all third country nationals and stateless persons who make an application for asylum or another form of international protection at the border or on the territory of a Member State and to their accompanying family members. It shall also apply where examination of an application for asylum takes place within the context of a procedure to decide on the right of the applicant to enter legally the territory of a Member State. It shall also apply where examination of an application for asylum or another form of international protection takes place within the context of a procedure to decide on the right of the applicant to enter legally the territory of a Member State. Amendment 34 Article 3, paragraph 3 3.  Member States may decide to apply this Directive in connection with procedures for deciding on applications for kinds of protection other than that emanating from the Geneva Convention for third country nationals or stateless persons who are found not to be refugees. Deleted Amendment 35 Article 4 Member States may introduce or retain more favourable provisions in the field of reception conditions for applicants for asylum in so far as they are compatible with this Directive. Member States may introduce or shall retain more favourable provisions in the field of reception conditions for applicants for asylum provided that they are compatible with this Directive. This Directive shall in no circumstances be used to modify any more favourable provisions existing in the Member States. Amendment 36 Article 5, paragraph 1, subparagraph 1 1.  Member States shall inform applicants for asylum as well as adult accompanying family members, immediately after they have lodged their application, of benefits to which they are entitled and of the obligations with which they must comply relating to reception conditions. 1.  Member States shall inform each applicant for asylum as well as each adult accompanying family member, immediately after they have lodged their application, of benefits to which they are entitled and of the obligations with which they must comply relating to reception conditions. Amendment 37 Article 5, paragraph 3 3.  Member States shall ensure that the information referred to in paragraph 1 is in writing and, as far as possible, in a language that the applicants understand. 3.  Member States shall ensure that the information referred to in paragraph 1 is in writing and in a language that the applicants can reasonably be expected to understand. Where necessary such information shall be provided verbally. Amendment 39 Article 5, paragraph 4 4.  Applicants shall be informed of language courses and voluntary return schemes when they are available for them. Deleted Amendment 40 Article 6, paragraph 5 5.  Member States may provide applicants for asylum with a travel document when serious humanitarian reasons arise that require their presence in another State. 5.  Member States shall provide applicants for asylum with a travel document and a visa when serious humanitarian reasons arise that require their presence in another State. Amendment 41 Article 7, paragraph 1 1.  Member States shall grant applicants and their accompanying family members individual freedom of movement within their territory or in a specific area of it under the conditions set out in this Article. 1.  Member States shall grant applicants and their accompanying family members individual freedom of movement within their territory and may decide to limit it to a specific area of it only for exceptional reasons, where it is essential for applying this Directive or in order to enable applications for asylum to be processed swiftly. Amendment 44 Article 7, paragraph 6 6.  Member States may require applicants who are free to choose their place of residence to inform the relevant authorities of their current address and notify any change of address to those authorities as soon as possible. 6.  Member States shall require applicants who are free to choose their place of residence to inform the relevant authorities of their current address and notify any change of address to those authorities immediately. Amendment 45 Article 7, paragraph 6 a (new) 6a. Member States shall not detain persons awaiting expulsion following an unsuccessful application for asylum in the housing facilities referred to in Article 16. Amendment 46 Article 11 Member States may require medical screening for applicants. Member States shall ensure that the competent bodies that carry out the screening use methods that are safe and respect human dignity. Member States may require medical screening for applicants. Member States shall ensure that the competent bodies that carry out the screening use methods that are safe and respect human dignity and privacy, with the confidentiality of screening information legally guaranteed and the results of medical screening under no circumstances allowed to adversely influence the outcome of the procedure. Member States shall provide medical treatment for any applicants for asylum who are ill. Amendment 47 Article 12, paragraph 1, subparagraphs 1 and 2 1.  Member States shall ensure that minor children of applicants for asylum and applicants for asylum who are minors have access to the education system under the same conditions as nationals for so long as a deportation order against them or their parents cannot actually be enforced 1.  Member States shall ensure that minor children of applicants for asylum and applicants for asylum who are minors have access to the education system and are covered by rules on compulsory schooling under the same conditions as nationals for so long as a deportation order against them or their parents cannot actually be enforced. The Member States may limit such access to the state education system only. Amendment 48 Article 12, paragraph 2 2.  Access to the education system shall not be postponed for more than 65 working days after the application has been lodged by the minor or the minor's parents. 2.  Access to the education system shall be granted as soon as possible and no later than 21 working days after the application has been lodged by the minor or the minor's parents. Amendment 49 Article 12, paragraph 3 3.  Member States shall ensure that minors referred to in paragraph 1 are offered language courses if a lack of knowledge of the language of that Member State makes normal schooling impossible. 3.  Member States shall ensure that minors referred to in paragraph 1 are offered linguistic-support courses, in particular if a lack of knowledge of the language of the host Member State makes normal schooling impossible. Amendment 50 Article 12, paragraph 3 a (new) 3a. Member States may offer children who have not attained the age of compulsory schooling places in childcare and pre-school facilities under the same conditions as apply to nationals. Amendment 51 Article 13, paragraph 1 1.  Member States shall not forbid applicants and their accompanying family members to have access to the labour market for more than six months after their application has been lodged. Member States shall lay down the conditions for the access to the labour market after such a period. 1.  Member States shall allow applicants and their accompanying family members to have access to the labour market as soon as possible but not later than four months after their application has been lodged. Member States shall lay down the conditions for the access to the labour market after such a period. Amendment 52 Article 13, paragraph 2 2.  Access to the labour market shall not be withdrawn for the sole reason that an application has been rejected if an appeal with suspensive effect has been lodged or a decision has been obtained allowing the applicant to remain in the Member State in which the application has been lodged or is being examined for the time an appeal against a negative decision is examined. 2.  Access to the labour market shall not be withdrawn for the sole reason that an application for asylum has been rejected if an appeal with suspensive effect has been lodged or a decision has been obtained allowing the applicant to remain in the Member State in which the application has been lodged or is being examined for the time an appeal against a negative decision is examined. Amendment 53 Article 13, paragraph 3 3.  Access to the labour market may be excluded when negative behaviour of the applicant is ascertained, in accordance with Article 22. Deleted Amendment 54 Article 14, paragraph 1 1.  Member States shall not forbid applicants and their accompanying family members to have access to vocational training for more than six months after their application has been lodged. Member States shall lay down the conditions for the access to vocational training after such a period. 1.  Member States shall not forbid applicants and their accompanying family members to have access to vocational training and other forms of education for more than six months after their application has been lodged. Member States shall lay down the conditions for the access to vocational training and other forms of education after such a period. Amendment 55 Article 14, paragraph 2 2.  Access to vocational training shall not be withdrawn for the sole reason that an application has been rejected if an appeal with suspensive effect has been lodged or a decision has been obtained allowing the applicant to remain in the Member State in which the application has been lodged or is being examined for the time an appeal against a negative decision is examined. 2.  Access to vocational training and other forms of education shall not be withdrawn for the sole reason that an application for asylum has been rejected if an appeal with suspensive effect has been lodged or a decision has been obtained allowing the applicant to remain in the Member State in which the application has been lodged or is being examined for the time an appeal against a negative decision is examined. Amendment 56 Article 14, paragraph 3 3.  Access to vocational training may be excluded when negative behaviour of the applicant is ascertained, in accordance with Article 22. Deleted Amendment 57 Article 15, paragraph 1 1.  Member States shall ensure that material reception conditions are available to applicants and their accompanying family members: 1.  Member States shall ensure that material reception conditions are available to applicants and their accompanying family members throughout all stages of the procedure, including the appeals procedure. (a) during the regular, admissibility and accelerated procedures up to the moment a negative first instance decision is notified; (b) during the appeal procedures, when an appeal against a negative decision has suspensive effect, up to the moment a negative decision on the appeal is notified; (c) when they have obtained a decision allowing them to remain at the border or on the territory of the Member State in which the application has been lodged or is being examined for the time their appeal against a negative decision is examined. Amendment 58 Article 15, paragraph 2, subparagraph 3 Member States shall ensure that this standard is determined with regard to the length of the procedure. Deleted Amendment 59 Article 15, paragraph 3 3.  Material reception conditions may be provided in kind in the form of financial allowances or of vouchers. 3.  Material reception conditions may be provided in kind in the form of financial allowances. Amendment 60 Article 15, paragraph 4 4.  Member States may reduce or withdraw material reception conditions three months after applicants and their accompanying family members have been allowed access to the labour market. In these cases, as far as they are not financially independent, Member States shall grant them a food allowance and access to basic social care. 4.  Member States may reduce or withdraw material reception conditions three months after applicants and their accompanying family members have been allowed access to the labour market and if they have secured employment. In these cases, as far as they are not financially independent, Member States shall grant them access to basic social benefits. Amendment 61 Article 16, paragraph 1, point (c) (c) in private houses, flats or hotels; (c) in private houses, flats, hotels or any other form of housing which is of an adequate standard to ensure health and wellbeing; Amendment 62 Article 16, paragraph 1, point (d) (d) grant of a financial allowance or vouchers sufficient to enable applicants to find independent housing. (d) grant of a financial allowance to enable applicants to find independent housing. Amendment 63 Article 16, paragraph 2, point (a) (a) access to emergency health and psychological care and to health care that cannot be postponed; (a) access to health and psychological care; Amendment 65 Article 16, paragraph 2, subparagraph 2 Member States shall ensure that applicants and their accompanying family members are protected from sexual assault within the premises referred to in paragraphs 1(a) and (b). Member States shall ensure that applicants and their accompanying family members are protected from all forms of aggression and shall guarantee their safety. Amendment 66 Article 16, paragraph 3 3.  Member States shall ensure that minor children of applicants or applicants who are minors are lodged with their parents or with the adult family member responsible for them whether by law or by custom. Minor children of applicants or applicants who are minors, who have adult family members responsible for them already living in the Member State in which the application has been lodged or is being examined shall be allowed to stay with their family members, for the duration of their stay in the country. 3.  Member States shall ensure that members of the same family are housed together. Minor children of applicants or applicants who are minors shall be lodged with the adult family member responsible for them whether by law or by custom. Applicants who have family members already living in the Member State in which the application has been lodged or is being examined shall be allowed to stay with their family members, for the duration of their stay in the country. Amendment 67 Article 16, paragraph 4 4.  Member States shall ensure that transfers of applicants from one housing facility to another take place only when necessary in relation to the examination of the application or for security reasons. Member States shall provide for the possibility for applicants to inform their legal advisers of the transfer and of their new place of housing. 4.  Member States shall ensure that transfers of applicants from one housing facility to another take place only when necessary. Member States shall provide for the possibility for applicants to inform their legal advisers of the transfer and of their new place of housing. Amendment 68 Article 16, paragraph 5 5.  Persons working in accommodation centres shall be specifically trained or have a specific background in relation to the characteristics and the specific needs of applicants for asylum and their accompanying family members. They shall be bound by the confidentiality principle. 5.  Persons working in accommodation centres shall be adequately trained and shall be bound by the confidentiality principle as regards the information to which they gain access through their work. Amendment 69 Article 16, paragraph 6 6.  Member States may involve applicants in managing the material resources and non-material aspects of life in the centre through a representative advisory board or council which should be gender balanced. 6.  Member States shall involve applicants in managing the material resources and non-material aspects of life in the centre through a representative advisory board or council comprising residents thereof which should be gender and nationality balanced. Amendment 70 Article 16, paragraph 7 7.  Member States shall ensure that legal advisers or counsellors of applicants for asylum and the representatives of the UNHCR and the relevant NGOs have access to all housing facilities. Limits on such access may only be imposed on grounds relating to the security of the facilities and of the applicants. 7.  Member States shall ensure that legal advisers or counsellors of applicants for asylum and the representatives of the UNHCR and the relevant NGOs have access to all housing facilities. Amendment 71 Article 16, paragraph 8 8.  The housing referred to in paragraph 1(a) shall be available for applicants and their accompanying family members when they must wait for 12 hours or more for a decision on their right to enter the territory. 8.  The housing referred to in paragraph 1(a) shall be available for applicants and their accompanying family members when they must wait for 12 hours or more for a decision on their right to enter the territory. In the event of a huge influx of displaced persons the Member States may establish other housing conditions. Amendment 72 Article 17, paragraph 1 1.  Member States shall ensure that the total amount of the allowances or vouchers to cover material reception conditions is sufficient to avoid applicants and their accompanying family members falling into poverty. 1.  Member States shall ensure that the amount of the allowances to cover material reception conditions is sufficient to avoid applicants and their accompanying family members falling into poverty, as defined inaccordance with national law. In cases where applicants, being entitled to those allowances or vouchers, are allowed to stay with relatives or friends, Member States may nonetheless grant them 50% of the allowances or vouchers to which they are entitled pursuant to national law in application of this Directive. In cases where applicants, being entitled to those allowances, are allowed to stay with relatives or friends, Member States may not reduce the allowances to which they are entitled pursuant to national law in application of this Directive. Amendment 73 Article 17, paragraph 2 2.  Member States may decide not to pay an allowance for daily expenses, when applicants for asylum are in detention. Deleted Amendment 74 Article 18 Member States shall ensure that applicants and their accompanying family members have access to an independent office that can hear complaints and resolve disputes concerning the material reception conditions provided for by Articles 15, 16 and 17. Member States shall ensure that applicants and their accompanying family members can lodge complaints with an administrative body which is competent to resolve disputes concerning the material reception conditions provided for by Articles 15, 16 and 17. Amendment 75 Article 19, paragraph 1 1.  Member States may require applicants who can afford to do so to contribute to the cost of their material reception conditions or to cover it. Decisions to provide material reception conditions not free of charge shall be taken individually, objectively and impartially and reasons shall be given. 1.  Member States may require applicants who can afford to do so to contribute to the cost of their material reception conditions in whole or in part. Decisions to provide material reception conditions not free of charge shall be taken individually, objectively and impartially and shall be based on the actual extent of the financial resources of applicants for asylum and their accompanying family members. Amendment 76 Article 20, title Health and psychological care during regular procedures Health and psychological care during application procedures Amendment 77 Article 20, paragraph 1, introductory part 1.  Member States shall ensure that applicants and their accompanying family members have access to primary health care provided by a general practitioner, psychological care and health care that cannot be postponed: 1.  Member States shall ensure that applicants and their accompanying family members have access to primary health care provided by a general practitioner, psychological care and health care that cannot be postponed throughout all stages of the procedure, including the appeals procedure. Amendment 78 Article 20, paragraph 1, point (a) (a) during the regular procedure up to the moment a negative first instance decision is notified; Deleted Amendment 79 Article 20, paragraph 1, point (b) (b) during the appeal procedures, when an appeal against a negative decision in a regular procedure has suspensive effect, up to the moment a negative decision on the appeal is notified; Deleted Amendment 80 Article 20, paragraph 1, point (c) (c) when applicants and their accompanying family members have obtained a decision allowing them to remain at the border or on the territory of the Member State in which the application has been lodged or is being examined for the time their appeal against a negative decision in a regular procedure is examined. Deleted Amendment 81 Article 20, paragraph 2 2.  In the circumstances referred to in paragraph 1, Member States shall meet the special needs of applicants and their accompanying family members who are pregnant women, minors, mentally ill persons, disabled persons or victims of rape or other forms of gender related violence. 2.  In the circumstances referred to in paragraph 1, Member States shall take the necessary steps to attend to the special needs of applicants and their accompanying family members who are pregnant women, elderly people, minors, mentally ill persons, disabled persons or victims of torture, rape or other serious forms of psychological, physical or gender related violence. Amendment 82 Article 21, title and paragraph 1 Health and psychological care during other procedures Deleted 1.  Member States shall ensure that applicants and their accompanying family members have access to emergency health and psychological care and health care that cannot be postponed during admissibility and accelerated procedures, and during the examination of their application within the context of a procedure to decide on their right to legally enter the territory of a Member State. Amendment 83 Article 21, paragraph 2 2.  In the circumstances referred to in paragraph 1 Member States shall meet the special needs of the applicants and their accompanying family members who are pregnant women, minors, mentally ill persons, disabled persons or victims of rape or other forms of gender related violence. Deleted Amendment 84 Article 21, paragraph 3 3.  In the circumstances referred to in paragraph 1, Member States shall lay down the conditions of access of applicants and their accompanying family members to health care that prevents aggravation of existing illness. Deleted Amendment 85 Article 21, paragraph 4 4.  Member States shall ensure that if a decision to dismiss the application as inadmissible or manifestly unfounded has not been taken 65 working days after an application is lodged, the applicant and accompanying family members have the same access to health care as during the regular procedure. Deleted Amendment 86 Article 21, paragraph 5 5.  Member States shall ensure that if a decision on the appeal has not yet been taken 65 working days after notice of appeal is given in admissibility and accelerated procedures, the applicant and accompanying family members have the same access to health care as during the regular procedure. Deleted Amendment 87 Article 21, paragraph 6 6.  Member States may require applicants who can afford to do so to contribute to the cost of their health and psychological care or to cover it. Decisions to provide health and psychological care not free of charge shall be taken individually, objectively and impartially and reasons shall be given. Deleted Amendment 88 Article 21, paragraph 7 7.  Member States shall ensure that applicants have the right to bring proceedings before a court against the decisions referred to in paragraph 6 and that they have access to legal assistance. Deleted Amendment 89 Article 22, Title Reduction or withdrawal of reception conditions following negative behaviour Reduction or withdrawal of reception conditions Amendment 90 Article 22, paragraph 1, point (a) (a) if an applicant for asylum has disappeared or, without reasonable cause, has not complied with reporting duties or requests to provide information or to appear for personal interviews concerning the asylum procedure for at least 30 working days. When the missing applicant is traced or voluntarily reports to the relevant authority after that period, a reasoned decision based on the reasons for the disappearance shall be taken on the reinstallation or the grant of some or all of the reception conditions. Reception conditions depending on the length of the procedure shall not be granted; (a) if an applicant for asylum has disappeared or, without reasonable cause, has not complied with reporting duties or requests to provide information or to appear for personal interviews concerning the asylum procedure for at least 30 working days. When the missing applicant is traced or voluntarily reports to the relevant authority after that period, a reasoned decision based on the reasons for the disappearance shall be taken on the reinstallation or the grant of some or all of the reception conditions; Amendment 91 Article 22, paragraph 1, point (b) (b) if an applicant withdraws the application; Deleted Amendment 92 Article 22, paragraph 1, point (c) (c) if an applicant has concealed financial resources and has therefore unduly benefited from material reception conditions; (c) if an applicant has fraudulently concealed financial resources and has therefore unduly benefited from material reception conditions; Amendment 116 Article 22, paragraph 1, point (d) (d) if an applicant is regarded as a threat to national security or there are serious grounds for believing that the applicant has committed a war crime or a crime against humanity or if, during the examination of the asylum application, there are serious and manifest reasons for considering that grounds of Article 1 (F) of the Geneva Convention may apply with respect to the applicant. (d) if an applicant is regarded as a threat to national security or there are serious grounds for believing that the aplicant has commited a war crime or a crime against humanity or a terrorist offence, as referred to in Council Framework Decision of ... on combating terrorism(1), or if, during the examination of the asylum application, there are serious and manifest reasons for considering that grounds of Article 1 (F) of the Geneva Convention may apply with respect to the applicant. (1) OJ L ... Amendment 94 Article 22, paragraph 3 3.  Member States may reduce material reception conditions when an applicant prevents minors under that applicant's care from attending school or single classes in ordinary school programmes. Deleted Amendment 95 Article 22, paragraph 4 4.  Decisions for reduction or withdrawal of reception conditions referred to in paragraphs 1, 2 and 3 shall be based solely on the personal conduct of the person concerned and on the principle of proportionality. Member States shall ensure that such decisions are taken individually, objectively and impartially and reasons shall be given. 4.  Decisions for reduction or withdrawal of reception conditions referred to in paragraphs 1 and 2 shall be based solely on the personal conduct of the person concerned and on the principle of proportionality. Member States shall ensure that such decisions are taken individually, objectively and impartially and reasons shall be given. Amendment 97 Article 22, paragraph 6 6.  Emergency health care and health care that cannot be postponed shall not be reduced or withdrawn. Food,  accommodation, emergency health care and health care that cannot be postponed shall not be reduced or withdrawn. Amendment 98 Article 23, paragraph 1 1.  Member States shall take into account the specific situation of persons who have special needs as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single women subject, in their country of origin, to substantial legal gender related discrimination, single parents with minor children and victims of sexual abuse or exploitation, in the national legislation implementing the provisions of Chapters III, IV and V relating to material reception conditions, psychological and health care. 1.  Member States shall take into account the specific situation of persons who have special needs such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, women subject, in their country of origin, to substantial legal gender related discrimination, single parents with minor children and persons who have suffered torture, rape or other serious forms of psychological, physical or sexual violence in the national legislation implementing the provisions of Chapters III, IV and V relating to material reception conditions, psychological and health care. Amendment 99 Article 24, paragraph 2 a (new) 2a. Member States shall ensure that minors are not placed in detention, unless exceptional circumstances so justify. Amendment 100 Article 25, paragraph 1 1.  Member States shall ensure that, as soon as possible, a guardian for each unaccompanied minor is appointed who shall ensure that the minor's needs are duly met in the implementation of the provisions of this Directive. Regular assessments shall be made by the appropriate welfare authorities. 1.  Member States shall ensure that, as soon as possible, a legal guardian or a national organisation responsible for the care and the well-being of the minor, or some other suitable form of representation for each unaccompanied minor is appointed who shall ensure that the minor's needs are duly met in the implementation of the provisions of this Directive. Regular assessments shall be made by the appropriate welfare authorities. Amendment 101 Article 25, paragraph 2 2.  Unaccompanied minors who make an application for asylum shall, from the moment they are admitted to the territory to the moment they have to leave the Member State in which the application has been lodged or is being examined, be placed, in the following order of priority 2.  Unaccompanied minors who make an application for asylum shall, from the moment they are admitted to the territory to the moment they have to leave the Member State in which the application has been lodged or is being examined, be placed, in the following desirable order of priority (a) with adult family members; (a) with adult family members; (b) with a foster family; (b) with a foster family; (c) in centres specialised in accommodation for minors; (c)in centres specialised in accommodation for minors; (d) in other accommodation with a suitable situation for minors. (d) in other accommodation with a suitable situation for minors. Siblings shall be kept together. Changes of unaccompanied minors' residence shall be limited to a minimum. As far as possible, siblings shall be kept together, taking into account the best interest of the minor and, in particular his age and level of maturity. Changes of unaccompanied minors' residence shall be limited to a minimum. Amendment 102 Article 25, paragraph 3 If it  is in the best interest of the child, Member States shall endeavour to trace the members of the family of unaccompanied minors as soon as possible. In cases where there may be a threat to the life or integrity of a minor or its close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety. 3.  Member States, protecting the best interest of the minor, shall endeavour to trace the members of the family of unaccompanied minors as soon as possible. In cases where there may be a threat to the life or integrity of a minor or its close relatives, particularly if they have remained in the country of origin, care must be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising their safety. Amendment 103 Article 25, paragraph 4 Those  working with unaccompanied minors shall receive appropriate training on their needs. Those  working with unaccompanied minors shall receive specialist and appropriate training on the needs of minors and shall be bound by the confidentiality principle in respect of any information to which they gain access through their work. Amendment 104 Article 26 Victims of torture and organised violence Victims of torture and violence Member States shall ensure that, if necessary, victims of torture, or organised violence, rape, other gender related violence or other serious acts of violence are accommodated in special centres for traumatised persons or have access to special rehabilitation programmes. Special mental health care shall be provided for persons suffering from post-traumatic stress when it is needed. Member States shall ensure that, if necessary, persons who have suffered torture, rape, or other serious acts of violence are accommodated in special centres for traumatised persons or have access to special rehabilitation programmes. Special mental health care shall be provided for persons suffering from post-traumatic stress when it is needed. Amendment 105 Article 28 Member States shall ensure co-ordination between the competent authorities and other actors, including NGOs, involved at national or local level in the reception of applicants for asylum in accordance with this Directive. Member States shall ensure co-ordination between the competent authorities and other actors, including NGOs and communities of refugee groups, involved at national, regional or local level in the reception of applicants for asylum in accordance with this Directive. Amendment 106 Article 29 Member States shall ensure that appropriate measures are in place to promote harmonious relationships between local communities and the accommodation centres that are located in their territory with a view to preventing acts of racism, sex discrimination and xenophobia against applicants for asylum. Member States shall ensure that appropriate measures are in place to promote harmonious relationships between local communities and the accommodation centres that are located in their territory with a view to preventing acts of racism and xenophobia against applicants for asylum. Member States shall adopt the measures necessary to prevent any other type of discrimination against applicants for asylum and shall help them to become integrated within the social, economic and cultural life of their local host communities. Amendment 107 Article 30 Guidance, monitoring and control system Regulation, monitoring and control system Member States shall provide for rules on the guidance, monitoring and control of the level of reception conditions to ensure: Member States shall provide for rules on the regulation, monitoring and control of the level of reception conditions to ensure: (a) comparable standards of reception conditions within the national reception system; (a) comparable standards of reception conditions within the national reception system; (b) comparable standards of facilities in different centres; (b) comparable standards of facilities in different centres; (c) adequate training of the relevant staff. (c) adequate training of the relevant staff. Those rules shall include provisions on the office referred to in Article 18 and on regular inspections and the adoption of guidelines on standards of reception conditions and measures to remedy to possible deficiencies of the reception system. Those rules shall include provisions on the office referred to in Article 18 and on the adoption of guidelines on, and regular inspections of standards of reception conditions and measures to remedy to possible deficiencies of the reception system. Amendment 108 Article 32 The Member States shall give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation. The Member States shall give effect to the provisions of this Directive without discrimination on any grounds such as sex, gender identity, race, colour, ethnic or social origin, genetic characteristics, health status, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation. Amendment 109 Article 33, paragraph 3 After presenting the report the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every five years. After presenting the report the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States every two and a half years. Amendment 111 Article 35a (new) Article 35a Temporary provision Upon entry into force of Directive …/…/EC [on minimum standards on procedures in Member States for granting and withdrawing refugee status] the definitions of "application for asylum', "procedures' and "appeals' shall be replaced by those laid down in that Directive.

Legislative resolution>MERGEFORMATEuropean Parliament legislative resolution on the proposal for a Council directive laying down minimum standards on the reception of applicants for asylum in Member States (COM(2001) 181 – C5&nbhy;0248/2001 – 2001/0091(CNS))

(Consultation procedure)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2001) 181(2)),

–  having regard to Rule 63 of the EC Treaty,

–  having been consulted by the Council pursuant to Article 67 of the EC Treaty (C5&nbhy;0248/2001),

–  having been informed by the Council that the United Kingdom wishes to participate in the adoption and implementation of the measure to which the Commission proposal relates,

–  having regard to Rule 67 of its Rules of Procedure,

–  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, the Committee on Employment and Social Affairs and Committee on Legal Affairs and the Internal Market (A5&nbhy;0112/2002),

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 should it intend to depart from the text approved by Parliament;

4.  Calls for the conciliation procedure to be initiated should the Council intend to depart from the text approved by Parliament;

5.  Asks to be consulted again if the Council intends to amend the Commission proposal substantially;

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

(1) OJ C 213 E, 31.7.2001, p. 286. (2) OJ C 213 E, 31.7.2001, p. 286.

European Parliament resolution on human rights in the world in 2001 and European Union human rights policy (2001/2011(INI))

P5_TA(2002)0203 A5-0106/2002

The European Parliament,

–  having regard to the third EU Annual Report on Human Rights (12141/2001),

–  having regard to Articles 3, 6, 11, 13 and 19 of the Treaty on European Union and Articles 177 and 300 of the Treaty establishing the European Community,

–  having regard to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and its optional protocols, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Convention on the Rights of the Child (1989), the International Convention on the Elimination of All Forms of Racial Discrimination (1966), the UN Standard Rules on the Equalisation of Persons with Disabilities (1993), the International Labour Organisation Convention to eliminate the Worst Forms of Child Labour (1999), the Geneva Convention relative to the Treatment of Prisoners of War (1949), and ILO Convention 169 on Indigenous and Tribal Peoples (1991),

–  having regard to the Charter of Fundamental Rights of the European Union(1),

–  having regard to Council Regulations (EC) No 975/1999 and (EC) No 976/1999 on the development and consolidation of democracy and the rule of law and respect for human rights and fundamental freedoms(2);

–  having regard to its previous resolutions on human rights in the world, adopted on 5 July 2001, 16 March 2000, 17 December 1998, 12 December 1996, 26 April 1995, 12 March 1993, 12 September 1991, 18 January 1989, 12 March 1987, 22 October 1985, 22 May 1984 and 17 May 1983(3),

–  having regard to its previous resolutions on the situation as regards fundamental rights in the European Union, in particular the resolution of 5 July 2001(4),

–  having regard to its resolution of 15 March 2001 on the Commission communication on EU election assistance and observation (COM(2000) 191 - C5-0259/2000)(5) and the Council conclusions of 31 May 2001,

–  having regard to its resolutions of 16 March 2000 on countering racism and xenophobia in the European Union(6) and on the Commission communication: "Countering racism, xenophobia and anti-Semitism in the candidate countries" (COM(1999) 256 – C5-0094/1999)(7), and its resolution of 3 October 2001 on the World Conference against Racism(8),

–  having regard to its resolution of 17 December 1998 on the communication from the Commission to the Council and the European Parliament on "The European Union and the external dimension of human rights policy: from Rome to Maastricht and beyond" (COM(1995) 567 – C4-0568/1995)(9),

–  having regard to its resolution of 19 December 1997 on the report from the Commission on the implementation of measures intended to promote observance of human rights and democratic principles (for 1995) (COM(1996) 672 - C4-0095/1997)(10),

–  having regard to its resolution of 19 December 1997 on setting up a single coordinating structure within the Commission, responsible for human rights and democratisation(11),

–  having regard to its resolution of 20 September 1996 on the communication from the Commission on the inclusion of respect for democratic principles and human rights in agreements between the Community and third countries (COM(1995) 216 – C4-0197/1995)(12),

–  having regard to the results of the United Nations Conference on Human Rights in Vienna in 1993, the conclusions of the United Nations Conference on Women and Development in Beijing in 1994 and the final declaration and action programme of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance held in Durban in 2001,

–  having regard to the United Nations Millennium Declaration adopted by the General Assembly on 8 September 2000,

–  having regard to UN General Assembly Resolution 53/144 of 9 December 1998, by which the Assembly adopted the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms and the nomination of Mrs Hina Jilani as special representative of the Secretary-General for Human Rights Defenders on 18 August 2000,

–  having regard to the award of the Nobel Peace Prize for 2001 to the United Nations and its Secretary-General Kofi Annan,

–  having regard to the results of the 58th session of the UN Human Rights Commission,

–  having regard to its resolution of 5 September 2001 on the enlargement of the European Union(13),

–  having regard to the guidelines to EU policy towards third countries on the death penalty of 29 June 1998, and the Appeal of the First World Congress against the Death Penalty in Strasbourg in June 2001,

–  having regard to the guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment of 9 April 2001,

–  having regard to the EU Guidelines on human rights dialogues of 13 December 2001,

–  having regard to the Declaration of the third meeting of the Euro-Mediterranean Parliamentary Forum, held in Brussels on 8 November 2001,

–  having regard to Council Regulation (EC) No 381/2001 of 26 February 2001 creating a rapid-reaction mechanism(14) and to its resolution of 13 December 2001 on the communication from the Commission on conflict prevention (COM (2001) 211 - C5-0458/2001)(15),

–  having regard to the communication from the Commission to the Council and the European Parliament on the European Union's role in promoting human rights and democratisation in third countries (COM (2001) 252) and the Council conclusions of 16 June 2001,

–  having regard to its resolution of 14 June 2001 on the communication from the Commission to the Council and the European Parliament on the development of the external service (COM(2000) 456)(16),

–  having regard to the Report from the Commission on the implementation of the European Initiative for Democracy and Human Rights in 2000 (SEC(2001) 801) and to the Commission's Programming Document for the European Initiative for Democracy and Human Rights (2002-2004),

–  having regard to the Commission communication on the reform of the management of external aid (SEC(2000) 814),

–  having regard to Special Report No 12/2000 of the Court of Auditors on the management by the Commission of EU support for the development of human rights and democracy in third countries together with the Commission's replies(17),

–  having regard to the new ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000(18),

–  having regard to the motion for a resolution by Mrs Sartori and Mr Podestà, on the sentencing of Safiya Husseini Tungar-Tudu to death by stoning (B5-0024/2002),

–  having regard to Rule 163 of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5&nbhy;0106/2002),

A.  whereas one of the main objectives of the European Union must be to uphold the universality and indivisibility of human rights – including civil, political, economic, social and cultural rights - as proclaimed by the 1993 World Conference in Vienna; whereas tolerance, justice and respect for the dignity of the individual are innate in mankind; whereas all human beings are born free and equal in dignity and rights,

B.  whereas the promotion and protection of human rights and the attachment to the principles of democracy and the rule of law represent a key component of the EU's common foreign and security policy and of its development cooperation policy and external relations,

C.  whereas, in this spirit, the EU must continue to work actively towards strengthening human rights and fundamental freedoms, inter alia by emphasising the universal, indivisible, interdependent and interrelated nature of all human rights,

D.  whereas account should be taken of the four generations of human rights and of the various agreements on human rights adopted since the Second World War,

E.  whereas, in a considerable number of States, the gap between the human rights instruments they have signed and ratified and the treatment they inflict upon their citizens is widening,

F.  whereas, recognising the primary responsibility of the United Nations for the maintenance of international peace and security, the EU must work actively to further strengthen its cooperation with the UN and other international organisations in the fields of conflict prevention, crisis management, humanitarian assistance, post-conflict rehabilitation and long-term development,

G.  whereas the number of poor people in the world, who are either not benefiting to the same extent from globalisation or who are even suffering as a result of its economic and social consequences, is steadily rising, and whereas reducing social and economic imbalances and poverty represents a global challenge and requires cooperation at a global level,

H.  whereas the widening inequalities generated by precarious socio-economic circumstances are a breeding ground for acts of violence and human rights abuses,

I.  whereas slavery continues to exist today, affecting every continent and most countries, and whereas tens of millions of men, women and children around the world, who are trafficked and sold like commodities, and are forced to work for little or no pay, are physically constrained and are either owned or controlled by an employer,

J.  whereas some forms of slavery such as trafficking in humans and child prostitution, are rapidly growing problems and means are needed to address this issue,

K.  whereas poverty and illiteracy are major contributing factors, whereas economic and social decline in many developing and transition countries has placed millions below the poverty line, making children and their families more vulnerable to exploitation, and whereas the population explosion has further exacerbated the situation, putting a strain on dwindling natural and economic resources,

L.  whereas the promotion of core labour standards and the improvement of social governance at European and international levels, by actors in both the public and private sectors, constitutes an objective of the Commission's strategy with regard to social and external relations, development and trade policies, as well as that of the revised EU GSP (social incentive) scheme,

M.  whereas more than 300 000 children are working as soldiers both in government and other forces all over the world; whereas child soldiers are often forced to kill their families and peers and are themselves exposed to terrible abuses; whereas as yet only one Member State has yet ratified the voluntary protocol to the UN Convention on the Rights of the Child prohibiting the recruitment of soldiers aged under 18, though a number of candidate countries have done so,

N.  whereas the fight against terrorism should in no way endanger the protection of fundamental human rights and must be based on international human rights standards and international humanitarian law, as stipulated in the UN Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the UN Convention against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment and the Geneva Conventions of 1949,

O.  whereas it is an obligation of States under international human rights law to protect their populations from violent criminal acts such as the terrorist attacks on the United States and to prevent, investigate and punish abuses by both State and non-State actors,

P.  whereas President Bush's military order of 13 November 2001 permits the secret trial by a military commission of detainees in Guantánamo Bay, Cuba, in contravention of provisions for a fair trial as guaranteed by the International Covenant on Civil and Political Rights, to which the US is a party,

Q.  whereas Article 5 of the Geneva Convention of 1949 stipulates that those captured in war are presumed to be prisoners of war until an independent tribunal declares what their true status is, and whereas the same convention and its protocols provide for prisoners of war to be tried by the same courts which try members of the captor's country's forces,

R.  whereas even though the provisions of the Geneva Convention relative to the Treatment of Prisoners of War are not designed to deal with many types of crime and conflict, i.e. acts of international terrorism and civil wars, and whereas an adjustment is urgently needed, the rules of the Convention must be respected,

S.  whereas the definition of terrorism encompasses State terrorism,

T.  whereas on 17 July 1998 the Statute of the International Criminal Court to judge war crimes, genocide and crimes against humanity was adopted in Rome, and as of 26 March 2002, 56 countries had ratified the Rome Statute, 60 ratifications being required for the Statute to enter into force,

U.  whereas the death penalty continues to be used in some countries today; but whereas more and more countries have been introducing moratoria on executions with a view to the subsequent abolition of the death penalty,

A coherent and consistent EU strategy for human rights and democratisation

1.  Underlines that the defence of minority rights within the EU, in candidate countries and in third countries remains a major priority for the EU strategy for human rights and democracy according to Article 13 of the Treaty;

2.  Stresses that the new EU Guidelines on human rights dialogues, provided they are fully applied, will substantially reform the EU approach to breaches of human rights in third countries and will strengthen the coherence and consistency of EU policy on human rights;

3.  Calls on the Council not only to notify the European Parliament of any decision to initiate, terminate or suspend human rights dialogues, but to provide full information on criteria, objectives and issues in the discussions; calls on the High Representative for CFSP/Secretary-General of the Council to report annually to Parliament on the assessment of the human rights dialogues and all political dialogues with emphasis on human rights;

4.  Calls on the Council to establish benchmarks for human rights dialogue to ensure a high degree of coherence, and recommends that flexibility and pragmatism be kept to a minimum when it comes to joint agreements on a case-by-case basis with individual countries;

5.  For the sake of consistency and coherence of EU policy on human rights and democracy, calls on the Member States, when taking over the EU Presidency, to set priorities in their respective programmes and to ensure continuity of action undertaken by previous EU Presidencies;

6.  Calls on the Council to ensure that particular attention is given to those groups of persons most vulnerable to human rights abuses including women, children, older people, disabled people, ethnic and religious minorities and homosexuals;

7.  Calls on the Presidency, with a view to EU action taken at the level of international organisations and bodies, such as the annual session of the UN Commission on Human Rights, to give full consideration to Parliament's priorities, to ensure that the EU position is consistent and to address ways of strengthening its indispensable cooperation with other countries and regional groups;

8.  Notes that the annual session of the UN Commission on Human Rights is to consider the proposal for a UN Convention for Persons with Disabilities and supports this initiative;

9.  Stresses the need for full implementation of human rights conventions as well as effective inspection and control mechanisms; calls upon the Council to ensure that the UNCHR resolutions (sponsored or co-sponsored by the EU) are integrated into EU human rights policy, in particular by regular monitoring of their implementation and by raising the issues in the EU's political dialogue with the countries concerned; stresses that the UNHCR needs more funding to meet all its obligations and hopes that the EU will make a greater contribution to the UNHCR;

10.  Stresses that states which undermine the rule of law and violate the rights of individual citizens become a menace not only to their own people, but also to their neighbours and indeed to the world; considers therefore the promotion and strengthening of legitimate and democratic governance as a global challenge requiring cooperation at the global level;

European Parliament

11.  Reconfirms that the main role of Parliament is - making full use of its global reputation as an energetic democratic platform to mobilise respect for human rights - to hold the Council and the Commission accountable for the implementation of the EU's policies on human rights;

12.  Is strongly convinced that better working methods in the field of human rights are needed to reinforce Parliament's credibility and influence with regard to encouraging the development of a coherent and consistent human rights policy and ensuring such accountability; recalls therefore its decision in its abovementioned resolution of 5 July 2001 to undertake a review of the structures and working methods of its competent bodies dealing with human rights and democracy;

13.  Decides and commits itself to give human rights issues a central place on each agenda of its competent committees and delegations, in particular with a view to debates on human rights during its part-sessions, and to ensure that human rights violations in third countries are systematically followed up;

14.  Recommends that an 'ambassador' for human rights be appointed to represent the European Parliament vis-à-vis third parties, in particular the EU institutions and the international organisations;

Dialogue with civil society

15.  Stresses the important role played by NGOs as a valuable link between civil society and the institutions and encourages them to continue their activities;

16.  Calls on the Council and the Commission and commits itself to increase transparency for the benefit of civil society and to further a culture of consultation and dialogue with non-governmental organisations;

17.  Welcomes the continued operation of the Human Rights Discussion Forum, which is an appropriate platform for dialogue with civil society; recommends that the Presidency invite national parliamentarians to participate in the Discussion Fora;

18.  Expresses its determination to be involved in the preparation, implementation and follow-up of the Human Rights Fora;

19.  Calls for the Forum's effectiveness to be enhanced on the basis of the evaluation currently being undertaken by the Commission, and to be given greater public impact through timely publication of contributions and the results of discussions; reiterates its call to the Presidency for the next Forum to focus on trafficking in human beings;

20.  Recommends that the Commission, in the framework of a revised and extended PRINCE Programme, launch an information campaign on the role of the EU in the world with the aim of raising public awareness of EU policy on promoting human rights and strengthening democratisation, and further develop the EUROPA website on human rights and democratisation so as to make it a real democracy database, which will include analyses, reports and research carried out on key issues;

EU annual report

21.  Emphasises the usefulness of the EU annual report on human rights as a basis for accountability for the EU's human rights policy; recommends to improve the report's structure in order to avoid duplication of information; requests that future reports provide an analysis of the impact of EU activities on the human rights situations addressed and a follow-up of the fulfilment of the clauses in the cooperation agreements;

22.  Welcomes the fact that the third EU annual report provides more extensive information on the content of Parliament's annual reports on human rights; stresses, however, that it still lacks any indication of the follow-up to Parliament's positions and information on human rights activities conducted by individual Member States; calls once again on the Council to respond in writing to Parliament's annual report on human rights;

European Initiative for Democracy and Human Rights (EIDHR)

23.  Expresses its concern at the decrease in resources for the EIDHR in 2002, given that this budget chapter has high priority for Parliament;

24.  Asks the Commission to examine, together with its competent committee and in the context of the reform of the management of the external assistance programme, the Commission's implementation plan for the EIDHR budget and the measures taken to overcome outstanding commitments;

25.  Calls on the Commission to draw up an annually updated overview of total spending by the Community, the Member States and international donors in support of human rights and democracy with a view to improving the efficiency, complementarity and coordination of the Union's external assistance;

26.  Welcomes the programming document for EIDHR priorities in 2002-2004 and looks forward to an extensive exchange of views on this strategic document with the Commission, with a view to both the budgetary procedure for 2003 and the 2004 expiry date of the Council Regulations on human rights and democratisation;

27.  Emphasises the need for concrete action to develop a coherent EU policy in respect of the social responsibility of business, trade unions and other civil society actors in the field of external relations, and therefore calls for appropriate measures to be given consideration as a future priority of the EIDHR;

28.  Calls on the Commission to include an impact assessment of non-structural measures as part of its efforts to incorporate human rights and democracy aspects in EC aid programmes, given their highly important role in post-conflict reconciliation processes;

Modern slavery

29.  Regards all forms of forced work by people of all ages and races, and both sexes, in all its forms, e.g. forced prostitution of children, women and men, forced child labour, child soldiers, slavery-like conditions of work in several continents and the link to trafficking of human beings as slavery and as such as a violation of human rights;

30.  Is convinced that the sexual exploitation of children - including child pornography and child sex tourism, bonded labour and other forms of trafficking and trade in human beings - is a criminal act which must be prosecuted as such;

31.  Calls on Member States to provide for extra-territorial jurisdiction in their penal codes protecting children against sexual abuse;

32.  Calls on the countries concerned to introduce and implement a ban on recruiting children as soldiers in the armed forces and calls on the Member States and all third countries to sign and ratify, without delay, the voluntary protocol to the UN Convention on the Rights of the Child which sets the age limit for recruiting children as members of the armed forces at 18; calls once again on Somalia and the USA to ratify the UN Convention on the Rights of the Child;

33.  Condemns unequivocally the forcible and systematic kidnapping of children under 16 who are pressganged by insurgent and terrorist groups into service as soldiers, and are then often sent on suicide missions, as a heinous crime which merits the urgent attention of the international community;

34.  Calls on the Member States, the candidate countries and all third countries to apply existing international human rights and labour standards and, if they have not done already, to sign and ratify the new UN protocol on trafficking which supplements the UN Convention against transnational organised crime, and the new ILO Worst Forms of Child Labour Convention, 1999;

35.  Calls on the Commission and the Member States to draw up a list of products manufactured by child labour and forced labour, including their countries of origin, and to cooperate with each other with a view to taking a common position within the WTO and the ILO in the fight against child labour and forced labour;

36.  Recalls that the trafficking in women is on the increase and that it occurs in most parts of the world and that the Member States are among the countries of destination for this form of trafficking in human beings; urges the Member States, candidate countries and the third countries which act as countries of origin and transit to ensure that their national legislative provisions guarantee adequate protection, assistance and legal aid to the victims of human trafficking, calls for the inclusion of such measures in the EU's Framework Decision on combating trafficking in human beings;

37.  Urges the Member States, candidate countries and third countries acting as countries of origin or of transit to step up cooperation and the exchange of information between the various police, the judicial and immigration authorities, and between national and international law enforcement agencies (such as Europol and Eurojust), responsible for detecting and intercepting human traffickers and their organised crime networks;

38.  Calls on the Commission and the Council to encourage and support governments in countries of origin in their efforts to draft and enforce relevant domestic legislation and to promote birth registration, so that it becomes possible to establish where children come from, in order to facilitate the return of trafficked children and to establish an age limit to prevent children from being recruited as soldiers;

39.  Calls on the Commission to fund EU action in support of information campaigns with the aim of preventing human trafficking and stepping up public awareness and an awareness on the part of the judicial authorities of the issue in the countries of origin and of transit, in cooperation with local communities and NGOs;

40.  Emphasises the need to combat the root causes of modern slavery, in particular, poverty, illiteracy, views on women and demographic and environmental pressure by investing in education, providing economic incentives, tackling the debt problem and the problem of climate change, and opening Western markets to the products of developing countries;

41.  Calls on the Member States to cooperate with one another, third countries as well as with UN agencies, and national and international NGOs, in the planning and implementation of programmes of action to eliminate the practice of human trafficking and other forms of modern slavery;

Terrorism and Human Rights

42.  Recognises that the events of 11 September 2001 have revealed new types of terrorism with absolutely no concern for innocent human lives on a massive scale;

43.  Calls for clarification of the jurisdiction of the proposed International Criminal Court in relation to terrorist acts by non-state actors;

44.  Calls on the Member States to appeal to all UN Member States, in particular the United States, to ratify or accede to the Rome Statute setting up the International Criminal Court and to enact effective universal jurisdiction legislation;

45.  Calls on the Council to develop a concrete plan of action, for adoption during the Spanish Presidency, in order to promote world-wide the ratification of the Rome Statute or accession to it by a very large number of countries and the effective establishment of the Court, in cooperation with the UN Preparatory Commission for the ICC and the host country;

46.  Calls on the European Council and the Member States to continue to denounce human rights violations in the world, including violations committed in countries which are allies in the war on terrorism;

47.  Calls on the European Council and the Member States to include state terrorism in the definition of terrorism;

48.  Calls upon governments not to use the fight against terrorism as a pretext for human rights abuses at home; underlines the tremendous responsibility of many states in the world which inflict repressive acts upon their citizens by the use of regular armed forces;

49.  Reiterates the call of the High Representative for CFSP to recognise as prisoners of war in line with international law those who are being held in Guantánamo and who are said to have been captured during the war in Afghanistan and demands that a competent tribunal must rule on any dispute about their status according to Article 5 of the third Geneva Convention;

50.  Points out that governments must always protect legal certainty, even for persons accused of terrorism-related offences, and that persons whose assets are frozen but who maintain their innocence should immediately be informed of the evidence against them;

51.  Calls on the United States to honour its obligations under international law and to ensure respect for the human rights of all persons in their custody, regardless of the nature of the crimes they are suspected of having committed, and insists that any detainee who is suspected of a crime, whether or not they are prisoners of war, must be charged with a criminal offence and tried fairly or released;

Recommendations on other issues requiring urgent international action

52.  Sees the need for a thorough examination of the situation of the thousands of people living in refugee camps, which were designed and conceived as temporary solutions but are in fact becoming permanent features;

53.  Calls upon the EU and its Member States to continue advocating religious freedom, especially taking into account the rights of religious minorities;

54.  Reiterates that the imposition of the death penalty to persons under 18 years contravenes customary international law and that international human rights standards ban the use of the death penalty against the insane and recommend its elimination for the mentally disabled or those with extremely limited mental faculties; calls on all states to introduce a moratorium on executions with a view to completely abolishing the death penalty and reiterates its request to the United States, China, Saudi Arabia, the Democratic Republic of the Congo, Iran and other states to immediately end all executions;

55.  Condemns the use of stoning under Sharia law and all forms of degrading and cruel punishment, notably as practised in Iran, some states of Nigeria, Saudi Arabia and Sudan;

56.  Calls on all Member States of the United Nations and of the European Union in particular to sign and ratify - 10 years after its entry into force - Convention 169 of the International Labour Organisation concerning Indigenous and Tribal Peoples in Independent Countries;

o
o   o

57.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the candidate countries, the United Nations, and the governments of the countries referred to in this resolution, as well as the EU offices of the leading non-governmental organisations on human rights.

(1) OJ C 364, 18.12.2000, p. 1. (2) OJ L 120, 8.5.1999, pp. 1 and 8. (3) OJ C 65 E, 14.3.2002, p. 336, OJ C 377, 29.12.2000, p. 336, OJ C 98, 9.4.1999, pp. 267 and 270, OJ C 20, 20.1.1997, p. 161, OJ C 126, 22.5.1995, p. 15, OJ C 115, 26.4.1993, p. 214, OJ C 267, 14.10.1991, p. 165, OJ C 47, 27.2.1989, p. 61, OJ C 99, 13.4.1987, p. 157, OJ C 343, 31.12.1985, p. 29, OJ C 172, 2.7.1984, p. 36, OJ C 161, 20.6.1983, p. 58. (4) OJ C 65 E, 14.3.2002, p. 350. (5) OJ C 343, 5.12.2001, p. 270. (6) OJ C 377, 29.12.2000, p. 366. (7) OJ C 377, 29.12.2000, p. 376. (8) OJ C 87 E, 11.4.2002, p. 149. (9) OJ C 98, 9.4.1999, p. 267. (10) OJ C 14, 19.1.1998, p. 399. (11) OJ C 14, 19.1.1998, p. 402. (12) OJ C 320, 28.10.1996, p. 261. (13) OJ C 72 E, 21.3.2002, p. 160. (14) OJ L 57, 27.2.2001, p. 5. (15) Texts Adopted, Item 15. (16) OJ C 53 E, 28.2.2002, p. 390. (17) OJ C 230, 10.8.2000, p. 1. (18) OJ L 317, 15.12.2000, p. 3.

European Parliament resolution on the Communication from the Commission to the Council and the European Parliament on the European Union's role in promoting human rights and democratisation in third countries (COM(2001) 252 – C5&nbhy;0653/2001 – 2001/2276(COS))

P5_TA(2002)0204 A5-0084/2002

The European Parliament,

–  having regard to the Commission communication (COM(2001) 252 – C5&nbhy;0653/2001),

–  having regard to the Commission report on the implementation of the European Initiative for Democracy and Human Rights in 2000 (SEC(2001) 801),

–  having regard to the Commission working paper on Programming Human Rights and Democracy – Exercise 2001 (SEC(2001) 891),

–  having regard to Articles 3, 6, 11 and 19 of the Treaty on European Union and Articles 177, 300 and 310 of the EC Treaty,

–  having regard to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and its optional protocols, in particular Article 19, and the International Covenant on Economic, Social and Cultural Rights,

–  having regard to the Convention on the Elimination of Discrimination against Women (1979) and the Convention on the Rights of the Child (1989),

–  having regard to the rules governing the Sakharov Prize for freedom of thought awarded annually by the European Parliament,

–  having regard to the proclamation of the Charter of Fundamental Rights by the European Council in Nice in December 2000; and, not least, having regard to the 'new' fundamental rights enshrined in the Charter, which obviously require particular attention on the part of the EU itself,

–  having regard to the European Union's Declaration of 10 December 1998 in Vienna on the occasion of the fiftieth anniversary of the Universal Declaration of Human Rights,

–  having regard to the conclusions of the General Affairs Council of 25 June 2001 on the role of the European Union in promoting human rights and democratisation in third countries,

–  having regard to its resolution of 20 September 1996 on the communication from the Commission on the inclusion of respect for democratic principles and human rights in agreements between the Community and third countries (COM(1995) 216 – C4-0197/1995)(1),

–  having regard to its previous resolutions on human rights in the world of 5 July 2001, 16 March 2000, 17 December 1998, 12 December 1996, 26 April 1995, 12 March 1993, 12 September 1991, 18 January 1989, 12 March 1987, 22 October 1985, 22 May 1984 and 17 May 1983(2),

–  having regard to its resolution of 1 March 2001 on the Commission communication to the Council and the European Parliament on the European Community's development policy (COM(2000) 212 - C5-0264/2000)(3),

–  having regard to its resolution of 5 September 2000 on a common Community diplomacy(4), and the communication from the Commission to the Council and the European Parliament concerning the development of the external service (COM(2000) 456),

–  having regard to its resolution of 26 October 2000 on the implementation of 'human rights/democracy' budget lines relating to campaigns in favour of a moratorium on capital punishment(5),

–  having regard to the conventions drawn up by the International Labour Organisation (ILO),

–  having regard to Special Report No 12/2000 of the Court of Auditors on the management by the Commission of European Union support for the development of democracy and human rights in third countries, together with the Commission's replies(6),

–  having regard to the outcome of the 57th session of the United Nations Commission on Human Rights,

–  having regard to Rule 47(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the opinions of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, the Committee on Industry, External Trade, Research and Energy, the Committee on Development and Cooperation and the Committee on Women's Rights and Equal Opportunities (A5-0084/2002),

A.  whereas one of the main objectives of the European Union must be to uphold the universality and indivisibility of human rights – including civil, political, economic, social and cultural rights – as proclaimed by the 1993 World Conference in Vienna on human rights,

B.  whereas the rights of women and girls form an inalienable, integral and indivisible part of universal human rights, as laid down in the Beijing Declaration and Platform for Action of 1995,

C.  whereas its leading role in the economic, commercial, political, diplomatic and development aid sectors gives the EU an extraordinary capacity for bringing to bear moral and political influence which should be used without reservation or hesitation to extend and improve democratisation and respect for human rights among its partners,

D.  whereas measures to combat poverty and development cooperation are inextricably linked to the defence of human rights and democratisation, in that they promote the political, social and economic conditions necessary to guarantee peace and stability and ensure that everyone can live in dignity,

E.  whereas, also, in many former colonies of European States, the persisting influences of colonial powers has not really encouraged, and has even hindered, human rights, the principles of good governance and the recognition of the role of civil society,

F.  whereas, however, up to now this fact has not been incorporated in any objective analysis by the Member States of the causes of such aberrations on the part of individual third countries and so, unfortunately, does not form part of a coherent political approach to encouraging democracy and human rights,

G.  whereas the Cotonou Agreement signed in June 2000 with the ACP countries has enhanced the democracy clause included by the European Community as an 'essential element' of all its agreements with third countries and which is now based on respect for human rights, democratic principles and the rule of law, as well as on governance and sound management of public affairs,

H.  whereas the European Union must play a key role in actively upholding human rights and democratisation in third countries, encouraging the promotion of these rights through its external action and responding swiftly and effectively in the event of serious and persistent human rights violations,

I.  whereas reducing poverty, the main objective of the Union's new development policy, requires the existence of genuine participatory democracy and responsible, corruption-free governments,

J.  whereas the European Union can make a crucial contribution through its human rights and democratisation policy to eliminating the exclusive aspects of the globalisation process now under way and giving it a focus based on inclusion of the least favoured social groups and the poorest countries, so that both can benefit from all those effects of globalisation which help to promote human development,

K.  whereas respect for social rights and labour standards promotes lasting and equitable social development,

L.  whereas the long-term dialogue on democratisation and human rights is also a key element in the European Union's conflict-prevention strategy,

M.  whereas the proposed code of conduct for the Union's external relations as regards human rights is not aimed at coercion, but rather the adoption of positive measures that can no longer be delayed, such as global support for democracy and human rights, the signing, ratification and application of international human rights instruments and thus the prevention of future and repeated crises,

1.  Welcomes the abovementioned Commission communication, which puts forward important proposals and suggestions concerning the European Union's role in promoting human rights and democratisation in third countries which are partners of the Union;

2.  Supports in particular the Commission's proposals to systematically incorporate human rights into a transparent political dialogue with third countries, give genuine substance to the democracy clauses contained in the Union's association agreements and trade agreements and include the promotion of human rights and democracy in external aid programmes,

3.  Regrets the absence of specific proposals to encourage greater consistency in the work of the various Community institutions and end the almost total dependence in this sphere on the political will of the Council, reflected in the frequent requirement for unanimous decision-making, and calls on the Convention on the future of Europe to put forward firm proposals to this end;

4.  Requests that the demands regarding democratisation and respect for and protection of human rights placed on third countries which are partners of the Union should in all circumstances take precedence over any legitimate economic, commercial or any other interests of the Union and its individual Member States;

5.  Calls for active and widespread use of the 'social incentive', 'environmental incentive' and 'anti-drugs' clauses contained in the new Generalised System of Preferences (GSP) for the period 2002-2004, which provide for additional preferences to be extended to countries complying with the standards laid down by the ILO and with international legislation on the environment and on combating the production and trafficking of drugs;

6.  Regrets the frequent inability of the Member States to maintain a common position at the annual session of the United Nations Commission on Human Rights in Geneva, thereby tarnishing the Union's image and undermining the development of its foreign policy;

7.  Requests that any third country wishing to maintain political, economic, commercial or any other type of relations with the European Union should sign, ratify and apply unequivocally and without reservation the existing basic texts on human rights, including in particular the Rome Statute establishing the International Criminal Court;

8.  Proposes to the Commission and the Council that an interinstitutional code of conduct be drawn up in order to ensure a more coherent and equitable approach in the Union's external action on democratisation and human rights; considers that this code should govern the relations between the Union and the more that 120 States to which the democracy clause is currently applicable as an essential element of the various agreements in force between these countries and the Union;

Principles for an interinstitutional code of conduct for the Union's external relations in the field of human rights

9.  Calls therefore on the Commission to draw up an initial proposal for a code on which a decision should be taken immediately by the Council and Parliament and which takes into account the following elements at least:

10.  Maintains that the objective of the Union in assessing the progress made by the various partner countries in the field of democratisation and human rights must be not only to ensure a consistent approach to different countries and regions, but also and above all to prevent unfair or unequal treatment and double standards in its dealings with all of them;

11.  Stresses that this code should not focus on the punitive and suspensive nature of human rights clauses but should instead essentially be based on mutual respect between all contracting parties in the relations between the EU and third countries; in this perspective it should fully incorporate all possible positive incentives, including generous cooperation programmes, such as to improve the respect of human rights at all levels;

12.  Endorses the approach geared to 'humanitarian aid based on human rights', because of the importance it can have in terms of conflict prevention in cases where a humanitarian crisis has been caused by a violent conflict;

13.  Calls on the Commission to ensure that the respect of women's rights as a part of human rights is included as a key element in all Community programmes and as a criterion for external relations with third countries, including trade agreements and cooperation agreements;

14.  Calls on the Commission, in all external relations with third countries in which financial aid is given, as well as in commercial agreements, cooperation agreements and development aid, to make it a specific condition that the country in question is required to eradicate and penalise the worst kinds of violence against women, as well as genital mutilation, stoning, public punishment, torture, and rape in times of war; calls on the Commission to check systematically whether these conditions have been met and to draw up reports on the subject;

15.  Urges the Commission to work alongside other international agencies, such as UNIFEM and the World Bank, to ensure that gender issues become part of mainstream development decisions;

16.  Recalls its support for the setting of fair social standards in economic activity and its commitment to take part in efforts to combat the exploitation of labour throughout the world; stresses the vital role which the WTO and ILO must play in this area and the need for them to effectively implement a joint work programme;

17.  Underlines the importance of programmes such as MEDA and TACIS in promoting human rights and democratisation in particularly sensitive areas of the world;

18.  Calls on the Commission to intensify its efforts with a view to adopting a concise Green Paper on CSR as soon as possible;

19.  Calls on the Commission to say what methods should be used to ensure genuine respect for the codes of conduct for enterprises drawn up by international organisations such as the United Nations, the ILO and the OECD;

20.  Encourages the Commission to open national contact points for the monitoring of the OECD guidelines for multinational enterprises from June 2000 in its delegations in third countries, similar to the national contact points in all Member States;

21.  Recalls that Article 13 of the EC treaty requires the European Union to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and that this obligation must, not only in theory but also in reality, form an integral part of the policy of the European Union in relation to both existing and future trade partners, as well as in the negotiations with the candidate countries on the fulfilment of the Copenhagen criteria;

Institutional proposals

22.  Considers it vital to communitise the CFSP as soon as possible, as the only way of ensuring true consistency in the Union's actions in this field and tackling the current situation where the different institutions, particularly the Council, have to deal with these matters, as regards both geography and subject matter, in some cases within the Community framework and in others at intergovernmental level (CFSP);

23.  Calls on the Convention on the future of Europe to examine the institutional reforms necessary, along the lines set out in this resolution, to strengthen the Union's role in promoting human rights and democratic principles through the CFSP;

24.  Proposes that the Parliament produced by the 2004 elections should establish a Committee on Human Rights responsible for problems relating to human rights, democratisation in third countries and relations with international organisations active in the sphere of human rights;

25.  Supports the establishment of a European Union Agency for Human Rights and Democracy, as proposed in the conclusions of the Cologne European Council;

26.  Considers that this agency should be responsible for providing information and advice, as proposed by the Committee of Wise Men, and, in particular, should draw up a global overview of the human rights situation by country, to which the European Union should pay special attention when formulating and carrying out the various Union policies;

27.  Considers that the European Union Agency for Human Rights and Democracy should likewise be called upon to submit an annual assessment, based on the provisions of the above code of conduct, of all cooperation and association agreements between the Union and third countries;

28.  Considers that, with a view to incorporating human rights and democracy into EC aid programmes, the activities of the European Union Agency for Human Rights and Democracy could include assessment of the impact of non-structural measures, in view of their great importance to reconciliation processes in the wake of armed conflicts;

29.  Considers that before the signing of any accession, association or cooperation agreement between the EU and a third country, the Commission should draw up a report on the situation as regards democratic principles and human rights in that country, with a recommendation as to whether or not the negotiations in progress should be completed; the Council and the European Parliament shall be required to give an opinion on this recommendation, with the approval of both institutions being required for the agreement to be signed;

30.  Requests that, as part of the political dialogue and debate on country strategy documents, emphasis be placed on the need to ensure the right to education and considers that universal access to education should be considered a thematic priority, since it is an essential fundamental right;

31.  Calls on the Commission to forward promptly to the European Parliament the reports on this matter drawn up by the Commission's external delegations;

32.  Understands that conflict situations produce serious human rights violations and, in this connection, considers that education for peace, as an integral part of peacemaking and peacekeeping measures, should be one of the priorities of the EIDHR within the framework of conflict prevention;

33.  Considers that civil society has a vital contribution to make in formulating and monitoring Union policy in these areas and supports the continuation of the periodic debate forums on human rights held in cooperation with the Presidency and with the participation of the Union institutions and representatives from academic bodies and NGOs;

o
o   o

34.  Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ C 320, 28.10.1996, p. 261. (2) OJ C 65 E, 14.3.2002, p. 336, OJ C 377, 29.12. 2000, p. 336; OJ C 98, 9.4.1999, pp. 267 and 270, OJ C 20, 20.1.1997, p. 161; OJ C 126, 22.5.1995, p. 15; OJ C 115, 26.4.1993, p. 214; OJ C 267, 14.10.1991, p. 165; OJ C 47, 27.2.1989, p. 61; OJ C 99, 13.4.1987, p. 157; OJ C 343, 31.12.1985, p. 29; OJ C 172, 2.7.1984. p. 36; OJ C 161, 20.6.1983, p. 58. (3) OJ C 277, 1.10.2001, p. 130. (4) OJ C 135, 7.5.2001, p. 69. (5) OJ C 197, 12.7.2001, p. 395. (6) OJ C 230, 10.8.2000, p. 1.

European Parliament resolution on the communication from the Commission to the Council and the European Parliament on the programme of action for the mainstreaming of gender equality in Community development cooperation (COM(2001) 295 – C5&nbhy;0464/2001 – 2001/2193(COS))

P5_TA(2002)0205 A5-0066/2002

The European Parliament,

–  having regard to the Commission communication (COM(2001) 295 – C5&nbhy;0464/2001),

–  having regard to Articles 2 and 3 of the EC Treaty,

–  having regard to the Charter of Fundamental Rights of the European Union,

–  having regard to the United Nations Convention of 18 December 1979 on the Elimination of All Forms of Discrimination against Women (CEDAW),

–  having regard to its resolution of 15 June 1995 on the fourth World Conference on Women: 'Equality, Development and Peace'(1),

–  having regard to the Declaration and the Platform of Action adopted by the fourth World Conference on Women, and to its resolution of 21 September 1995 thereon(2),

–  having regard to its resolution of 17 September 1998 on the decision on the common position adopted by the Council with a view to adopting a Council Regulation on integrating gender issues in development cooperation (C4-0307/1998 - 1997/0151(SYN))(3),

–  having regard to the resolution of 20 December 1995 of the Council and the representatives of the governments of the Member States on integrating gender issues in development cooperation,

–  having regard to its resolution of 4 July 1996 on the follow-up to the Cairo International Conference on Population and Development(4),

–  having regard to its resolutions of 16 September 1997 on the Commission communication "Incorporating equal opportunities for women and men into Community policies and activities - 'mainstreaming'" (COM(1996) 67 - C4-0148/1996)(5) and 9 March 1999 on the progress report from the Commission on the follow-up of that communication (COM(1998) 122 - C4-0234/1998)(6),

–  having regard to the Council conclusions of 18 May 1998 on gender issues in development cooperation,

–  having regard to Council Regulation (EC) No 2836/98 of 22 December 1998 on integrating gender issues in development cooperation(7),

–  having regard to its resolution of 18 May 2000 on the follow-up to the Beijing Action Platform (2000/2020 (INI)(8),

–  having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000(9),

–  having regard to the Council and Commission statement of 10 November 2000 on the European Community's development policy (doc. 13458/00),

–  having regard to its resolution of 15 November 2000 on the proposal for a Council decision on the programme relating to the Community framework strategy on gender equality (2001-2005) (COM(2000) 335 - C5-0386/2000 - 2000/0143(CNS))(10),

–  having regard to its resolution of 1 March 2001 on the Commission communication to the Council and the European Parliament on the European Community's Development Policy (COM(2000) 212 - C5-0264/2000 - 2000/2141 (COS))(11),

–  having regard to the conclusions of the Development Council meeting of 8 November 2001,

–  having regard to Rule 47(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Women's Rights and Equal Opportunities and the opinion of the Committee on Development and Cooperation (A5&nbhy;0066/2002),

A.  whereas under Articles 2 and 3 of the EC Treaty, the European Community has a duty to promote equality between men and women, and whereas it must set itself the objective, in all its activities, of eliminating inequalities between men and women,

B.  whereas the gender mainstreaming strategy was adopted in the Beijing Action Platform, and whereas since 1996 the Commission should increasingly be pursuing a policy of taking gender equality into account in Community policies and activities,

C.  whereas gender mainstreaming is the (re)organisation, improvement, development and evaluation of policy processes, so that a gender equality perspective is incorporated at all levels, by the parties normally involved in policy-making(12),

D.  whereas development cooperation regulations and agreements (the ALA regulation of 1992, the MEDA regulation of 2000 and the ACP-EU Partnership Agreement signed in Cotonou) contain provisions seeking to promote gender mainstreaming,

E.  whereas the equal opportunities objective forms part of a dual approach aimed at ensuring equality between women and men by means of gender mainstreaming in all policies and activities and, at the same time, adopting specific positive measures for women,

F.  whereas Community development policy is based on the principle of sustainable, fair and inclusive human and social development, and whereas the promotion of human rights, democracy and the rule of law forms an integral part of this principle,

G.  whereas the main aim of Community development policy is to reduce and, where possible, eradicate, poverty; whereas poverty is a multi-dimensional problem, which must be seen not only in terms of a lack of income but also as a result of certain mutually reinforcing factors which give rise to vulnerability and marginalisation, such as a lack of control over and access to property, resources and services and a lack of involvement in decision-making,

H.  whereas a large majority of poor people in the world are women and it is this link between gender and poverty which has made the gender factor in development cooperation policy more important than ever,

I.  noting with satisfaction the European Community's declared intention to go beyond a strictly economic approach and taking the view that development policy also concerns other areas of human activity such as the political, social and cultural fields,

J.  drawing attention to the fact that women in developing countries are often discriminated against in terms of access to food, health care, education, training, decision-making, participation in regional programmes and economic activities, as well as property rights, and that it is essential for inequalities to be removed and the role and rights of women to be strengthened if social justice and development are to be achieved,

K.  whereas the abovementioned Council Regulation (EC) No 2836/98 will expire in 2003,

1.  Welcomes the Commission's programme of action, which seeks to introduce a three-strand strategy aimed at integrating gender equality in development cooperation policies and strategies by means of negotiations with partners at all stages in project and programme cycles; draws particular attention to the following:

2.  Regrets that almost six years elapsed between the Council's first designation of gender mainstreaming as a principle of Community and Member States' development policy, in its abovementioned resolution of 20 December 1995, and the publication of the Programme of Action, and that limited practical effect was achieved in the meantime, even though the concept was enshrined in legislation via the abovementioned Council Regulation (EC) No 2836/98, but appreciates, however, the Commission's acknowledgement of the effect of "gender policy evaporation';

3.  Considers however that the programme of action needs to be fleshed out, and calls accordingly on the Commission to submit a formal proposal and a detailed work programme setting out specific operational arrangements, deadlines and financial requirements, as well as qualitative and quantitative indicators by which to measure achievement;

4.  Requests that the mid-term and end-term evaluations also be sent to Parliament, with the mid-term evaluation being sent before the end of Parliament's fifth legislature;

5.  Takes the view that gender mainstreaming should not be seen as a means of increasing the productivity and effectiveness of development work, but rather as a matter of principle, as part of the much wider struggle for respect for human rights and for the personal value of women and men, whose differences must be recognised but whose rights must be equal;

6.  Refers in this connection to the objectives of the Community framework strategy on gender equality, which focuses on economic life, equal participation and representation, equal access and full enjoyment of social and economic rights for men and women, and promoting the human rights of women; stresses however, that as long as fundamental rights, such as equal access to food, education and health are not respected, it will be extremely difficult for women to occupy positions allowing them to participate in decision-making;

7.  Notes that the programme is to apply to the six priority areas of Community development policy, but, in view of the limited financial resources, questions the ranking given to transport in particular; agrees that the ranking order should give first priority to supporting macro-economic policies, poverty-reduction strategies and social sector programmes in education and health, especially reproductive health, where gender inequalities and their consequences are the most serious, not only for women, but also for their families, communities and societies; considers it unacceptable to place such low emphasis on such key areas as trade - especially taking into consideration the impact of trade agreements on women's rights and position in the developing countries - and institutional capacity-building, good governance and the rule of law;

8.  Stresses the importance of improved access to quality reproductive health services, which include not only the prevention of HIV/AIDS and other STIs, but also family planning, ante-natal, post-natal and delivery care and discouragement of harmful practices such as female genital mutilation, etc; highlights that gender mainstreaming in health should target men, as well as women, in order to foster greater responsibility for family planning, safer sex and parenthood;

9.  Notes with satisfaction that the six health areas include tackling gender-based violence and sexual abuse against women and calls on the Commission to carry out a wide-ranging investigation into the links between poverty levels and acts of violence against women and children;

10.  Calls on the Commission to carry out an in-depth study into the influence of local cultural traditions and customs both on the process of economic and social development and on women's rights and gender equality;

11.  Observes that gender disparity is not always exclusively linked to poverty but also to cultural, religious and socio-economic practices which should, however, never be considered an acceptable excuse for obstructing progress in the area of gender rights;

12.  Insists that the introduction of gender mainstreaming should not be to the exclusion of separate affirmative action programmes but that the Commission adopt a twin-track approach to gender policy incorporating both elements;

13.  Calls for gender analysis to be incorporated into future poverty reduction strategy papers and country strategy papers;

14.  Maintains that it is essential to institutionalise the involvement of women and women's organisations in developing countries in the planning, drawing up and follow-up of the measures to be taken, to ensure a balanced representation of women and men in project management and to introduce recruitment procedures which take due account of gender concerns;

15.  Considers that operational instruments such as gender impact assessment (ex-ante and ex-post), checks on the integration of gender issues, follow-up indicators and gender-specific statistics and data should be promoted and used at all levels; gender impact assessments should be carried out for all different components of the development cooperation agreements, including provisions and policies related to trade;

16.  Considers gender auditing of public budgets to be an essential means of establishing whether the principle of gender mainstreaming is being applied in public policy;

17.  Demands that sufficient financial and human resources be made available to support the actions outlined, in order to ensure the coherence and the continuity of the implementation process of the EU's action programme on gender and development, noting that in 2001 only EUR 2.02 million was allocated for integrating gender issues in development cooperation(13), compared with EUR 5 million in 1998(14);

18.  Calls on the Commission to draw up a new proposal for a regulation on the basis of its assessment of financial interventions in this area, to replace Council Regulation (EC) No 2836/98, which serves as the legal basis for heading B7-6220, when it expires;

19.  Calls for the approach of "integrated gender issues' as a requirement for funding to be extended from the EC budget line for HIV/AIDS to become a standard tool for all development budget lines;

20.  Considers that the Gender and Development Inter-Projects Group (GIDED) should be used in all partner countries where an ex-ante analysis suggests that a positive outcome can be expected;

21.  Emphasises the need for gender training and awareness-raising among Commission staff of all different DGs responsible for the external relations of the EU; to this end, sufficient ring-fenced funding must be made available from the administration budget for obligatory training for Commission staff working on development policy planning, programming and management either at the Commission's headquarters or in the delegations;

22.  Emphasises the need to strengthen gender expertise in the Commission by establishing a permanent official as a specialist "gender desk' with clearly defined responsibilities, in each delegation and in each of the services responsible for foreign relations (DG Development, DG External Relations, DG Trade, ECHO and the EuropeAid Cooperation Office) and by incorporating specialist gender staff in the Inter-Service Quality Support Group and in project evaluation teams;

23.  Calls on the Commission to strengthen its information strategy, to encourage networking and exchanges between the various stakeholders in the partner countries and the EU, and to improve coordination on gender issues among its various departments;

24.  Calls for Commission heads of unit and heads of delegation to be made responsible for the elaboration and implementation of sectoral and geographical gender guidelines and follow up and also for ensuring effective coordination between different Commission services on gender issues;

25.  Considers NGOs to have an essential role in promoting democracy based on respect for gender equality and stresses the importance of civil society, and especially women's organisations, at local level in both the North and South, being fully involved at all stages in the project cycle and in situ technical assistance;

26.  Calls on the Commission and the partner countries under the Cotonou Agreement to make intensive efforts to implement the Development Council resolution on gender mainstreaming and to hold an extraordinary ACP-EU joint parliamentary assembly on this vital topic;

27.  Calls on the Commission and the Member States to step up cooperation with other international organisations, such as the UN, the Council of Europe and the OCSE, in order to create a link between trade liberalisation, economic aid and sustainable development;

28.  Calls on the Commission to step up cooperation and the exchange of information on respect for the human rights of women with the relevant NGOs and international organisations, and to support action to raise awareness of gender-specific human rights violations in situations of armed conflict or in cases of non-application of the relevant legislation owing to inadequate mechanisms or the predominance of anachronistic cultural traditions and social stereotypes;

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

(1) OJ C 166, 3.7.1995, p. 92. (2) OJ C 269, 16.10.1995, p. 146. (3) OJ C 313, 12.10.1998, p. 137. (4) OJ C 211, 22.7.1996, p. 31. (5) OJ C 304, 6.10.1997, p. 50. (6) OJ C 175, 21.6.1999, p. 72. (7) OJ L 354, 30.12.1998, p.5. (8) OJ C 59, 23.2.2001, p. 258. (9) OJ L 317, 15.12.2000, p.3. (10) OJ C 223, 8.8.2001, p. 149. (11) OJ C 277, 1.10.2001, p. 130. (12) Council of Europe report (EG-S-MS(98)2). (13) Budget Item B7-6220. (14) Budget Item B7-6110.

European Parliament resolution on the report from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions: Annual Report on equal opportunities for women and men in the European Union 2000 (COM(2001) 179 – C5&nbhy;0344/2001 – 2001/2144(COS))

P5_TA(2002)0206 A5-0067/2002

The European Parliament,

–  having regard to the report from the Commission (COM(2001) 179 – C5&nbhy;0344/2001),

–  having regard to Articles 2, 3(2), 13, 137(1) and 141 of the EC Treaty,

–  having regard to its resolution of 5 October 2000 on the Commission annual reports 'Equal Opportunities for Women and Men in the European Union - 1997, 1998, 1999' (COM(1998) 302 - C5-0106/1999, COM(1999) 106 - C5-0289/2000, COM(2000) 123 - C5-0290/2000-1999/2109(COS))(1),

–  having regard to its resolution of 18 May 2000 on the follow-up to the Beijing Action Platform (2000/2020(INI))(2),

–  having regard to the final document of the United Nations Conference 'Beijing + 5' held in New York in June 2000,

–  having regard to its resolution of 15 November 2000 on the Community framework strategy on gender equality (COM(2000) 335 - C5-0386/2000 - 2000/0143(CNS))(3),

–  having regard to Council Decision No 2001/51/EC of 20 December 2000 establishing a programme relating to the Community framework strategy on gender equality (2001-2005)(4),

–  having regard to the opinion of the Committee of the Regions(5),

–  having regard to Rule 47(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Women's Rights and Equal Opportunities (A5-0067/2002),

A.  whereas, over the past years, the greatest efforts in the field of equal opportunities have been made in areas in which work had already been done, without, however, eliminating discrimination, and it is therefore necessary to continue them while extending them to other areas,

B.  whereas, with regard to gender mainstreaming, significant progress has been made in Community policies but less progress has been made in the national policies of the individual Member States,

C.  whereas the greatest efforts under the equality pillar of the European employment strategy were geared to reconciling family and working life, but insufficient action was taken to reduce the gender pay gap,

D.  whereas a greater impetus is needed to promote equal opportunities in the other three pillars of the European employment strategy, i.e. employability, entrepreneurship and adaptability,

E.  whereas the unemployment rate for women in the European Union is three percentage points higher than that for men; whereas the labour market is still segregated both horizontally and vertically and women are concentrated in certain occupations and industries and are under-represented in well-paid managerial positions in all sectors; whereas the employment rate for women in the European Union is still 18.2 percentage points below that for men; whereas, on average, women's pay amounts to around 77% of men's pay; whereas the pay gap between men and women remains substantial in the European Union, and Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women(6) is still not being correctly applied,

F.  whereas, as indicated by the Commission's Seventeenth Annual Report on monitoring the application of Community law 1999 (COM(2000) 92) and the European Parliament resolution of 4 September 2001 thereon(7), legislation relating to equal treatment of men and women continues to be widely flouted,

G.  whereas, even though some candidate countries have already incorporated Community legislation on equal treatment and opportunities into their national law, there are still many countries in which much work remains to be done in order to apply it correctly, particularly with regard to the institutional and administrative capacity to apply and enforce legislation on equality,

H.  whereas the enlargement process is coinciding with the development of trafficking in women for purposes of sexual exploitation, particularly prostitution,

I.  mindful of the Commission's intention to propose a new directive on equality in the course of 2002, based on Article 13 of the EC Treaty,

1.  Notes with satisfaction that the Commission's annual report contains a critical and systematic assessment of the Community and national initiatives undertaken during 2000 in the field of equal opportunities for women and men and therefore welcomes its content, which represents a qualitative improvement by comparison with the contents of the previous years' reports;

2.  Encourages the Commission to continue to submit annual reports, which provide an essential instrument for following up, assessing and monitoring the policy pursued by the Community and the Member States in a global and coherent manner, including the effective application of Community legislation on equal treatment and opportunities for women and men;

3.  Takes the view that the Commission should consider how to provide encouragement and ensure that the States comply with the principles of gender mainstreaming and the integration of gender equality in all their policies;

4.  Notes the slight narrowing of the gender gap in the employment rate in 2000, but notes with concern that too large a proportion of women are still concentrated in part-time, unstable and low-skilled jobs;

5.  Regrets that, within the framework of the European employment strategy, few Member States have made efforts to integrate gender equality in their national action plans (NAPs) for 2000 and that many measures are still considered to be gender neutral;

6.  Calls on the Member States, in the light of the objective set by the Lisbon European Council of March 2000 aimed at raising the overall female employment rate to 60% by 2010, to:

7.  Stresses that reconciling working life and family life is crucial to real equality and welcomes the encouraging initiatives taken by the Member States in this area as regards childcare structures; takes the view, however, that this issue is not confined to improving childcare facilities but also involves care for other dependants such as elderly, sick or disabled people, where little progress has been made;

8.  Is disappointed to observe that this annual report hardly mentions Commission measures to secure enforcement in/by the present Member States of existing legislation concerning equal treatment, and calls on the Commission to step up its ongoing efforts in this field and report on them in the next annual report on equal opportunities;

9.  Stresses the need to adopt innovative measures and set specific objectives, at Community and national level, aimed at promoting a balanced distribution of professional activity and domestic work between women and men by developing working arrangements which make it possible genuinely to reconcile family and working life, particularly as regards the organisation of working time, by reviewing the arrangements for parental leave, in particular for fathers, and for re-entry into employment, as well as reorganising public and private services, while fostering social equality between women and men by providing for individual-based social and tax entitlements;

10.  Notes with concern that women make up only 20% of information and communication technologies students and that they are generally seriously under-represented in this area; notes that, owing to their limited access to new skills, women are prevented from securing the most highly qualified and best-paid jobs in sectors broadly linked to information technologies; calls on the Member States, in accordance with the political guidelines laid down by the Nice European Council of December 2000, to facilitate women's access to education and lifelong learning, in particular training in new technologies; draws attention, to that end, to the need to set national objectives for rates of participation in all levels of education and training and to take initiatives (special training programmes, information campaigns etc.) at national, regional or local level with a view to attracting women to the new technologies sector;

11.  Notes the progress made as regards drawing up statistics, but takes the view that more efforts must be made, including in the candidate countries, as regards statistics broken down by sex, which can provide objective information for identifying differences and problems between women and men and which make it possible to assess the integration of the gender dimension by highlighting the impact on women and men of the various policies implemented; calls on the Commission, to that end, to make full use of the funding possibilities offered by the new action programme (2001-2005) on gender equality, with a view to the drawing-up and regular updating of statistics; calls on the Commission to do everything possible to ensure that appropriate financial and technical assistance is provided for the candidate countries so that they can develop their statistical methods and adapt them to those used in the European Community;

12.  Suggests to the Commission, with a view to guaranteeing wider social repercussions and strengthening the Member States' commitment to equality between women and men, that, when statistics and comparative tables are drawn up, the order in which countries are listed should go from best to worst in line with their results in the concept measured and their consequences for gender equality, and not in alphabetical order or order of protocol; proposes, further, that the possibility of drawing up an index of gender development in the European Union be taken into consideration and debated;

13.  Urges the Commission, bearing in mind that only 23% of businesses in the Union are owned by women, to tackle this issue directly by preparing a comprehensive report including precise and comparable data which will facilitate analysis and make it possible to identify the main problems in this area and propose possible solutions;

14.  Calls on the Commission, bearing in mind the new rules on the Structural Funds (2000-2006) making the removal of inequalities and promotion of gender equality a central principle of Community policy and action, to draw up a progress report on the integration of the equal opportunities dimension in the Structural Funds;

15.  Recalling its resolutions of 2 March 2000 on women in decision-making(8) and 18 January 2001 on the Commission report on the implementation of Council Recommendation on 96/694 of 2 December 1996 on the balanced participation of women and men in the decision-making process (COM(2000) 120 - C5-0210/2000 - 2000/2117(COS))(9), reiterates its position in favour of the balanced participation of women and men in decision-making processes as an indispensable element in guaranteeing the proper functioning of a democratic society; recalls that this issue is one of the five central priorities of the new framework strategy on gender equality (2001-2005), the scope of which covers equal participation in both political life and economic and social life;

16.  Suggests to the Commission, consequently, that it submit innovatory proposals aimed at encouraging the Member States to improve balanced participation of women and men in decision-making at their internal levels and, in this context, regrets that the Commission report makes no mention of the mechanisms referred to in Parliament's abovementioned resolution of 18 January 2001, such as quotas and zipper systems for drawing up election lists, among other things;

17.  Concerned at the slow progress in increasing women's participation in positions of responsibility and in the decision-making process, in the political, economic and social fields, and given the situation in the candidate countries, highlights the need to draw up a global European strategy comprising research projects, exchanges of information and experience, awareness-raising measures and measures aimed at making it possible to reconcile working life and family life so as to promote the balanced participation of women and men in public and private decision-making bodies; calls on the Commission to give priority to the publication and systematic updating of comparable statistics in this area; calls for the issue of women's participation in the decision-making process to be addressed in the context of the accession negotiations;

18.  Draws attention to the risk of taking the same methodological approach to domestic violence and trafficking in women, since even though there are some common features as regards combating these phenomena (such as criminal investigation, prevention, assistance and protection for victims), their nature and characteristics are very different and must be considered from different angles, which are lacking in the Commission report;

19.  Takes the view that the enlargement of the European Union is currently a high political priority and that, in this context, Community policies in the area of equal opportunities, and also in the area of social and employment policy, must be used to promote women's rights and remove all inequalities, be they political, economic or social, in an enlarged European Union; stresses that respect for the acquis communautaire as regards equal treatment and opportunities for women and men is a condition sine qua non for accession;

20.  Calls on the Commission to ensure that the acquis communautaire as regards women's rights is effectively transposed and to encourage the candidate countries to establish institutional and administrative structures to apply and guarantee respect for rights in the field of equal opportunities, particularly in the economic and social area;

21.  Is concerned both by the boom in trafficking in women for purposes of sexual exploitation and by the increase in domestic violence in many countries, and calls on the European Union and the candidate countries to take urgent measures to provide for appropriate criminal penalties, update systems for providing support and protection to victims and tackle the structural causes, which are poverty and the precarious position of women;

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

(1) OJ C 178, 22.6.2001, p. 281. (2) OJ C 59, 23.2.2001, p. 258. (3) OJ C 223, 8.8.2001, p. 149. (4) OJ L 17, 19.1.2001, p. 22. (5) CdR 349/2001 fin. adopted on 10.9.2001. (6) OJ L 45, 19.2.1975, p.19. (7) OJ C 72 E, 21.3.2002, p. 72. (8) OJ C 346, 4.12.2000, p. 82. (9) OJ C 262, 18.9.2001, p. 248.

European Parliament resolution on the Annual Report from the Commission to the Council and the European Parliament on the results of the multi-annual guidance programmes for the fishing fleets at the end of 2000 (COM(2001) 541 – C5&nbhy;0007/2002 – 2002/2006(COS))

P5_TA(2002)0207 A5-0092/2002

The European Parliament,

–  having regard to the Commission report (COM(2001) 541 – C5&nbhy;0007/2002),

–  having regard to the Corrigendum to the Commission report (COM(2001) 776),

–  having regard to Article 37 of the EC Treaty,

–  having regard to its position of 25 October 2001(1)on the proposal for a Council decision amending Council Decision 97/413/EC concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2001 with a view to achieving a balance on a sustainable basis between resources and their exploitation (COM(2001) 322 - C5-0308/2001 - 2001/0128(CNS)) and on the proposal for a Council Regulation amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (COM(2001) 322 - C5-0309/2001 - 2001/0129(CNS)),

–  having regard to its resolution of 17 January 2002(2) on the Commission Green Paper on the future of the common fisheries policy (COM(2001) 135 - C5-0261/2001 - 2001/2115(COS)),

–  having regard to its resolutions of 20 January 2000(3) on the annual report to the Council and to the European Parliament on the results of the multi-annual guidance programmes for the fishing fleets at the end of 1997 (COM(1999) 175 - C5-0109/1999 - 1999/2112(COS)), and of 5 July 2001(4) on the results of the multi-annual guidance programmes for the fishing fleets at the end of 1999 (COM(2000) 738 - C5-0107/2001 - 2001/2056(COS)),

–  having regard to Rule 47(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Fisheries (A5&nbhy;0092/2002),

A.  whereas an appropriate policy to conserve fish stocks is the precondition for a sustainable, profitable and competitive Community fisheries sector,

B.  whereas the primary goal of the multi-annual guidance programmes (MAGP) is to ensure a sustainable balance between the available stocks and their exploitation,

C.  whereas it is essential to maintain the FIFG – and hence the current aid for the modernisation and renovation of the fleet – in order to make the multi-annual guidance programmes operational and thus achieve the priority objective of a lasting balance between current stocks and their exploitation,

D.  regretting that the data on which the report is based are still not completely uniform and therefore not directly comparable because the re-measurement of vessels does not have to be completed until 2003,

E.  whereas the Commission must have more means at its disposal for effectively checking the data submitted by the Member States,

F.   whereas the segmentation of Member State fleets differs significantly,

G.  whereas a new fleet policy will shortly have to be determined as part of the reform of the Common Fisheries Policy, and it is precisely in this general framework that the multi-annual guidance programmes must be reformed and updated,

H.  whereas fleet policy has a significant socio-economic impact on regions heavily dependent on fisheries,

I.  whereas measures to improve safety at sea should not lead to an increase in fishing effort,

1.  Regrets that yet again most Member States have failed to achieve the objectives of their MAGP and calls on them to make major efforts to reduce their fleets;

2.  Welcomes the fact that the Commission has started Treaty infringement proceedings against several Member States which have repeatedly failed to meet the objectives of their MAGP;

3.  Calls on the Council and Commission to analyse the reasons for failure to meet the objectives and to devise more effective penalties, which are related to the aim of the multi-annual guidance programmes;

4.  Calls on the Member States to complete the re-measurement of their fleets as soon as possible so that future decisions are based on uniform data;

5.  Notes that although the MAGP have achieved some reduction in the fleet capacity of the Member States, they have not brought about the desired balance between stocks and their exploitation largely owing to the failure of the majority of the Member States to comply with the MAGP;

6.  Insists, therefore, that the MAGP should not be continued in their present form when the Common Fisheries Policy is reviewed and should be amended and updated in order to increase the competitiveness, efficiency and safety of the Community fleet and thus achieve the priority objective of a lasting balance between fish resources and their exploitation;

7.  Calls on the Commission and Council to introduce, as part of new regulations on Community fleet policy, uniform and objective criteria for measuring vessel capacity and fleet segmentation, and to examine alternative or complementary methods of calculating capacity (e.g. vessel fuel consumption);

8.  Calls on the Commission to develop an "entry – exit" system for fishing boats to guarantee that there is not, under any circumstances, an increase in capacity;

9.  Calls on the Commission, in its proposals for a new fleet policy, to deal specifically with the need for a balance between the fishing capacities and/or fishing efforts of the fleet segments of each Member State and the catch possibilities available to them;

10.  Reaffirms that efforts to reduce fleet capacity must not be at the expense of working conditions on board, ship safety or catch quality, and that structural aid should continue to be provided for modernisation of the fleet; for this reason calls on the Commission to adopt appropriate measures, for reasons of safety, habitability and the quality of the fish processed on board, to facilitate an increase in the horse-power and tonnage of the renovated boats;

11.  Calls for the introduction of voluntary scrapping programmes with attractive premiums and examination of the possibility of an increase in the Community's financial contribution;

12.  Instructs its President to forward its resolution to the Council and Commission and to the governments and parliaments in the Member States.

(1) Texts Adopted, Item 17. (2) P5-TA(2002)0016. (3) OJ C 304, 24.10.2000, p. 203. (4) OJ C 65 E, 14.3.2002, p.386.

European Parliament resolution on the financing of development aid

P5_TA(2002)0208 RC-B5-0244/2002

The European Parliament,

–  having regard to the Göteborg European Council's commitment "to reach the UN target for official development assistance (ODA) of 0.7% of GDP as soon as possible and to achieve concrete progress towards reaching this target before the World Summit on Sustainable Development',

–  having regard to the Development Council Declaration of 8 November 2001 on the Preparations for the UN Conference on Financing for Development (FfD), confirming "the great importance which the European Union attaches to the success of FfD and the World Summit for Sustainable Development' in Johannesburg in September 2002,

–  having regard to its resolution of 1 March 2001 on the European Community's Development Policy(1) as well as its previous resolutions on debt reduction for developing countries and the coherence of EU policies, in particular its resolution of 7 February 2002 on the financing of development aid(2),

–  having regard to the OECD documents on the role of development cooperation on the threshold of the 21st century, the UN Millennium Declaration, the G8 report on poverty reduction and economic development, and the motions adopted at the Politicians' and Governors' Jubilee assembly,

–  having regard to the Brussels Programme of Action for LDCs and the Barbados Programme of Action for the Sustainable Development of Small Island Developing Countries,

–  having regard to the ACP-EU Joint Parliamentary Assembly session held in Cape Town from 18 to 21 March 2002,

A.  recognising that for the first time in history the UN organised a World Summit on Financing for Development and that the conference organisers tried to gather not only development but also finance ministers, as well as the international financial organisations, private banking and business and representatives of civil society around one table, from 18 to 21 March 2002,

B.  whereas, after the events of 11 September 2001, the Secretary-General of the United Nations, the President of the World Bank, the President of the IMF and several heads of state are demanding an enhanced effort for increased and improved development aid, so that resources are doubled to meet the Millennium Development Goals,

C.  whereas the need for adequate development assistance is more urgent than ever since, according to estimates by various international agencies:

D.  appreciating the fact that the Monterrey Consensus recognises worthwhile objectives designed to eradicate poverty, but regretting that there are no binding obligations with a time-frame for implementation,

E.  acknowledging that the World Bank has estimated that in the next thirty years the world's poor will double in number and, unless action is taken to address poverty, marginalisation, environmental degradation, conflicts, epidemics and migration, there will be severe global economic and political instability,

F.  regretting the fact that, since 1992, the 21 richest countries have cut their aid to the developing world by 24% and official development assistance from the industrialised countries has fallen to an all-time low of 0.22 % of their GDP, far below the target of 0.7% recommended in the 1974 UN Resolution on the New International Economic Order,

G.  whereas the EU's average ODA contribution dropped from 0.45% in 1990 to 0.33% in 2001,

H.  emphasising that good democratic governance, rule of law, sound economic policies, active encouragement of private-sector businesses, gender equality, respect for the environment and a vibrant civil society are important conditions for sustained economic growth,

I.  appreciating the EU's major role as the largest donor and its valuable contribution to the Monterrey Conference in securing commitment by example in declaring its intention to increase development finance substantially over a fixed time-frame,

J.  acknowledging the value of debt relief for the Heavily Indebted Poor Countries (HIPCs), but urging further action for those most vulnerable countries devastated by diseases and natural disasters,

K.  noting that the EU's development policy, which is funded through two separate instruments (the European Development Fund and the EU budget), needs to be reformed so that there is better coordination in policy formulation, parliamentary scrutiny and implementation between the Commission, the Parliament and the Member States,

1.  Considers the Monterrey consensus as a step in the right direction, while stressing the EU's determination to go beyond that consensus, towards meeting the challenges for which the conference was convened;

2.  Reaffirms its commitment to poverty eradication, sustainable development, and the achievement of the development goals set out at the Millennium Summit and at the UN conferences, notably the Monterrey conference on financing for development;

3.  Welcomes an increase of Official Development Aid by the EU, pledging to reach 'at least' a USD 20 billion increase by 2006 and USD 7 billion a year more from 2006 onwards in a low-growth scenario, as well as that of the United States, on USD 10 billion until 2007 and USD 5 billion annually from 2007 onwards;

4.  Takes note that the EU decision on 0.33% ODA should now form part of the 'acquis communautaire' and represents a target which all future Member States will have to reach;

5.  Welcomes the fact that the EU has, for the first time, set a binding Official Development Aid target for Member States, which is intended to bring the Community average up to 0.39% of GDP by 2006, as an interim step towards reaching the UN target of 0.7% of GDP, as Denmark, the Netherlands, Luxembourg and Sweden have already done; welcomes the fact that the Council is encouraging the Commission to focus development cooperation more on action to combat poverty; calls on the Spanish presidency to ensure that these goals are fully met; wishes to see rigorous checks subsequently introduced to verify compliance with such a timetable;

6.  Calls on the EU to decide on a mandatory time-frame for reaching the 0.7% of GDP goal by 2010 as one of its contributions to the Johannesburg World Summit on Sustainable Development at the end of August 2002;

7.  Reiterates its commitment to the UN Millennium Declaration to reduce poverty by half, to provide full coverage of basic education for all children and to reduce the infant mortality rate by two-thirds by 2015;

8.  Notes the issues for consideration presented by the Commission in connection with the exchange of ideas which took place in New York in October 2001 within the framework of the Preparatory Committee for the Conference on Financing for Development, in particular with regard to the following points:

9.  Reiterates its opinion that the WTO round should focus its attention on the need for development;

10.  Emphasises that trade liberalisation aimed at economic growth must be carried out within a framework that guarantees equity for countries and promotes sustainable use of the environment and its resources;

11.  Calls on the industrialised countries to explore new and innovative ways to promote technology cooperation and technology transfer with developing countries, notably LDCs, bridge the digital divide and facilitate "technological leapfrogging' in areas such as energy, transport, waste management, water management, trade, agriculture and sanitation;

12.  Believes that countries need to continue their efforts to achieve a transparent, stable and predictable investment climate, in order to encourage productive private inward investment;

13.  Believes that trade is one of the most important external sources of development financing, and that trade barriers, subsidies and other trade-distorting measures, particularly in sectors of special export interest to developing countries, including agriculture, should be assessed with a view to being eliminated;

14.  Considers micro-finance for the self-employed and low-interest credit for SMEs, especially for women and for rural economic development, to be essential for any programme of poverty eradication in developing countries;

15.  Welcomes in particular the Monterrey appeal to donor countries to ensure that resources provided for debt relief are additional to existing Official Development Assistance (ODA) resources and calls on the EU to reaffirm its commitment to this principle through a Council decision;

16.  Reaffirms the EU undertaking that 35 % of the 2002 EU development budget should be spent on education and health, as fundamental elements in poverty eradication;

17.  Calls on the Council to agree to the incorporation of the European Development Fund into the EU budget in order to establish a transparent overall financial framework for EU development assistance;

18.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, developing countries and the candidate countries, the Secretary-General of the United Nations and its agencies, the IMF and the World Bank.

(1) OJ C 277, 1.10.2001, p. 130. (2) P5_TA(2002)0056.

European Parliament resolution on the Commission Communication concerning the proposal for a Council decision on the adoption of the position of the Community within the ACP-EC Council of Ministers regarding the settlement of all ACP HIPC LDCs' special loans remaining after full application of HIPC debt alleviation mechanisms (COM(2001) 210 – C5-0394/2001 - 2001/2158(COS))

P5_TA(2002)0209 A5-0075/2002

The European Parliament,

–  having regard to the Commission Communication (COM(2001) 210 – C5-0394/2001),

–  having regard to the ACP-EU Association Agreement, and in particular Article 66 thereof,

–  having regard to the 'Jubilee 2000' campaign calling for debt cancellation,

–  having regard to the Cairo Declaration and the action plan adopted at the Africa-Europe Summit (3-4 April 2000),

–  having regard to the UN Millennium Summit Declaration (6-8 September 2000),

–  having regard to the Brussels Declaration and the action plan adopted at the Third UN Conference on the Least-Developed Countries (20 May 2001),

–  having regard to the G8 declarations, in particular those issued at Cologne (June 1999) and Genoa (July 2001),

–  having regard to Council Decision 98/453/EC of 6 July 1998 concerning exceptional assistance for the heavily indebted ACP countries(1),

–  having regard to the ACP-EU Joint Assembly's resolutions on the debt burden in the ACP countries, which were adopted on 24 September 1998 in Brussels,

–  having regard to its past resolutions on poor countries' external debt, in particular those of 16 January 1998(2) and 18 May 2000(3),

–  having regard to Rule 47(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Development and Cooperation (A5&nbhy;0075/2002),

A.  whereas, in many cases, the amount of development aid received by some of the countries affected by the debt crisis is less than the amount which those countries pay out in order to service their debt,

B.  whereas most of the countries deemed by the IMF and the World Bank to be highly indebted poor countries (HIPC) are ACP countries, and whereas the debt burden in those countries is a major obstacle to social and economic development,

C.  whereas commodity prices have fallen over the last few years, and whereas, according to the World Bank, the debt/exports ratio increased from 50.5% in 1975 to 236.9% in 1996,

D.  whereas the debt of the HIPCs increased from US$ 147 billion in 1989 to US$ 214 billion in 2001 and imposes an intolerable burden on them,

E.  whereas the HIPC initiative falls well short of providing a solution to this problem and will, in fact, not reduce the nominal debt of the HIPCs; whereas only 23 of the 42 HIPCs are eligible for this programme,

F.  whereas poverty in many developing countries is likely to worsen as the 11 September 2001 events have exacerbated the pre-existing global economic slowdown, and whereas it is precisely conditions of extreme poverty which may generate desperation once again,

G.  whereas, in order to break the poverty spiral in which the HIPCs are trapped, it is essential to attack the root causes of conflict with a view to securing lasting peace, and to establish as a first step peace so as to enable the resources released by means of debt alleviation to be used effectively; indeed in a war situation or a situation involving extremely violent conflicts (such as prevails in Angola, Colombia, Sierra Leone and Palestine, amongst other countries) it is obvious that development plans are bound to fail,

H.  whereas efforts to mobilise additional debt relief should be seen as part of the total effort to strengthen resources in support of social and human development objectives and targets,

I.  whereas in the Göteborg Declaration and the Laeken Conclusions the European Council reaffirmed the EU's commitment to achieving the official UN objective of allocating 0.7% of GDP to development aid and whereas, in preparation for the holding of the UN "Financing for Development' (FfD) Conference in March 2002 and the Earth Summit (to be held in September 2002 in Johannesburg), a specific timetable, accompanied by the necessary measures, should be drawn up for the purpose of achieving that objective,

J.  whereas human development is essential as a means of upholding human rights and whereas basic, fundamental and also socioeconomic rights, such as the right to life, universal access to education, health, employment and well-being are in their turn the basis of human development,

K.  whereas, although Parliament unfortunately has no powers where the EDF is concerned, it receives financial information thereon each year and is responsible for granting annual approval of the Commission's management in respect of EDF implementation,

1.  Points out that, in recent years, many loans have been granted to the ACP countries to enable them to finance their debt or the interest on existing loans and not for the purpose of fresh investment, and that this vicious circle, which leads to an increase in poverty, must be broken;

2.  Welcomes the proposal submitted by the Commission, which supplements the other initiatives undertaken for the benefit of the least-developed countries along the lines advocated by Parliament and which will enable the poorest ACP countries to make some progress in the fight against poverty;

3.  Takes the view that a reform aimed at making international financial and trade systems fairer is likely to offer these countries a possibility of escaping poverty;

4.  Regrets the fact, however, that it was not formally consulted regarding that proposal;

5.  Considers that the enhanced HIPC initiative is still inadequate in the current context of economic globalisation, even though it acknowledges the failure of earlier programmes based on purely macroeconomic strategies and is designed to establish a link between debt alleviation and poverty reduction (a formula based on the Poverty Reduction Strategy Papers) by making the eligibility criteria more flexible;

6.  Advocates supporting alternative efforts to revise the debt sustainability thresholds from a human development perspective;

7.  Considers that the public-debt relief process should be speeded up and deepened in countries whose governments respect human rights and the principles of sound governance and give priority to poverty eradication;

8.  Stresses that long-term debt sustainability will depend upon the maintenance of sound economic policies, strengthened debt management and the provision of appropriate financing; in this context, and in connection with the various medium- and long-term support initiatives, the special links which exist between certain Member States (and in general the most highly industrialised countries) and certain HIPCs could play a crucial role in the period which comes after the economic adjustment and transition stage following the cancellation of a debt, with a view to ensuring that those HIPCs are gradually incorporated into the international economy;

9.  Considers that improving the effectiveness of public expenditure is one of the most appropriate ways of ensuring that the resources released by means of debt alleviation (together with other resources and external aid) contribute effectively to poverty reduction;

10.  Considers that whatever additional funds governments obtain through debt relief should be allocated to social projects by means of plans agreed with donors and civil society, so as to increase social expenditure in areas such as basic education and primary health care, the fight against Aids and other measures designed to reduce poverty;

11.  Recommends that the drawing up of Poverty Reduction Strategy Papers together with the countries concerned should be a transparent, participatory progress in which civil society is involved in determining development priorities;

12.  Notes that Poverty Reduction Strategy Papers provide a vehicle for structuring partnerships with donors and a framework for the interventions of donors and other partners to ensure that external support is well integrated into national programmes;

13.  Calls on the Commission and the Member States to offer technical assistance to the ACP countries so that they can devise debt-management schemes (to include internal debt as well) and to establish mechanisms which will ensure that the proceeds of debt relief are invested in human-development programmes along the lines of the model devised by the UNDP, namely National Partnership Facilities which could provide a basis for coordination between donors and MFIs (Multilateral Financial Institutions), so as to enable the use of the resources released to be monitored;

14.  Points out that the success of the initiative designed to help the HIPCs calls for coordination between the various donors and creditors and that, when debt-relief plans are implemented, the burden of such an operation must be fairly distributed;

15.  Urges banks and financial institutions of industrialised countries to increase their efficiency in delivering aid, to remove bureaucratic obstacles and harmonise their procedures in order to reduce delays and transaction costs to a minimum;

16.  Emphasises that strict supervision of the operation of the HIPC mechanisms and the additional debt-relief measures proposed is fundamental to the fight against corruption and the misuse of funds and necessary in order to guarantee fair, efficient and workable debt relief;

17.  Considers that, since not all the EU Member States are represented within the G8 group, the EU should coordinate Community proposals within that group, the World Bank and the IMF, so that it can offer significant financial support for debt relief, consistent with its role as the world's largest donor;

18.  Considers that, taking into account recent events, the HIPC initiative should provide for additional assistance at the completion point if there has been fundamental change in a country's economic conditions due to exceptional external circumstances;

19.  Considers that trade is an important source of growth and poverty reduction and that greater access to markets would provide a major boost to development;

20.  Calls on the MFIs, the WTO and other multilateral organisations involved in the Integrated Framework Initiative to increase the trade-related technical assistance which they provide to the least-developed countries so as to help them to overcome the internal obstacles to trade integration;

21.  Calls for a revision of the WTO rules with a view to achieving the sustainable development objectives laid down in Rio in 1992 and takes the view that these objectives must serve as a reference point when new rules applicable to the mechanisms governing the world economy are drawn up with a view to combating poverty effectively;

22.  Points out that the HIPC initiative, and debt cancellation or relief measures in general, must not serve as a pretext for a reduction in development aid;

23.  Recognises that for most low-income countries the availability of Official Development Assistance remains an essential supplement to domestic resources mobilisation and foreign investment if growth and poverty reduction goals (2015 targets) are to be achieved;

24.  Recalls in this context the commitment to reach as soon as possible the UN target of ODA (0.7% of GNP) to which the EU and its Member States are committed, as expressed at the Göteborg European Council and reaffirmed at the Brussels Development Council of 8 November 2001; a tangible proposal to reach the 0.7% target and a specific timetable put forward by the major industrialised countries (those belonging to the G8 group) would send out a forceful message designed to involve the international community in the success of the Monterrey Conference and in the very future of development cooperation;

25.  Demands once again that the EDF be incorporated in the EU's overall development budget, since this would significantly increase the transparency, the profile and the consistency of the EU's external actions; calls on the Spanish Presidency, in the context of the Convention on the Future of Europe and general preparations for the next IGC, to present concrete proposals to bring the EDF within the EU budget;

26.  Instructs its President to forward this resolution to the Commission, the ACP-EU Council, the UN, the IMF and the World Bank.

(1) OJ L 198, 15.7.1998, p.40. (2) OJ C 34, 2.2.1998, p.196. (3) OJ C 59, 23.2.2001, p. 239.