European Parliament resolution on immigration and asylum policy

P5_TA(2003)0010 RC-B5-0029/2003

The European Parliament,

–   having regard to the Presidency Conclusions of the Tampere, Laeken and Seville European Councils,

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

–   having regard to the Communication from the Commission to the Council and the European Parliament on the Biannual update of the scoreboard to review progress on the creation of an area of "Freedom, Security and Justice" in the European Union (second half of 2002) (COM(2002) 738),

–   having regard to its previous resolutions on immigration and asylum,

–   having regard to the Commission's proposals for the transposal of the decisions of the Tampere European Council(1) and its positions on these proposals,

–   having regard to the proposal for a comprehensive plan to combat illegal immigration and trafficking of human beings in the European Union(2),

–   having regard to the Council and Commission statements on immigration and asylum policy in plenary on 18 December 2002,

A.   whereas the EC Treaty requires the adoption by the Council of measures on asylum and immigration within a period of five years after the entry into force of the Treaty of Amsterdam,

B.   whereas at Tampere in October 1999 the European Council agreed the main elements of a common EU asylum and migration policy but, with only eighteen months until the end of the five-year period, it is now essential to speed up progress,

C.   whereas the Commission has employed a positive approach which complies fully with all aspects of the Tampere programme,

D.   whereas the measures that have been adopted by the Council have focused primarily on illegal immigration,

E.   whereas a real effort was made under the Danish Presidency in the field of asylum, but limited progress was achieved in the Council,

F.   whereas, however, the same presidency made no progress on the subject of immigration,

G.   whereas there has been little or no progress on establishing a common EU migration policy or improving circumstances for legal migrants, for example through the proposed directives on family reunification and rights of long-term legal residents; whereas such measures also support the aim of combating illegal immigration and trafficking in human beings, since potential migrants should no longer be tempted to resort to illegal channels,

H.   whereas at Seville in June 2002 the European Council made a commitment to speed up the implementation of the programme adopted in Tampere but, despite the declarations of commitment to a common immigration policy by Member State governments, the proposals to implement the Tampere agenda are frequently distorted and the Council constantly obstructs their progress,

I.   whereas the rights in the Charter of Fundamental Rights must be respected and – apart from the Chapter on Citizens" Rights – apply to all persons within the EU, including in particular the right to seek asylum, the right to effective legal protection and respect for the principle of non-refoulement,

J.   whereas the rights of long-term legally resident migrants should be approximated as far as possible to those of EU citizens, in the interests of fairness and integration,

K.   whereas account should be taken of the work done by the Council of Europe in relation to immigration and asylum,

L.   whereas account should be taken of the work done by the European Convention's working Group X on "Freedom, Security and Justice" and its final report of 2 December 2002,

M.   whereas the Treaty of Nice, which will come into force on 1 February 2003, provides for codecision and qualified majority voting in the Council on measures related to asylum and refugees once the Council has unanimously adopted the Community legislation defining the common rules and essential principles to be applied in those areas,

N.   having regard to the Council's operational programme for 2003 as presented by the Greek and Italian presidencies,

General issues

1.  Welcomes the Commission's proposals in the area of immigration and asylum policy, confirms its opinions on these proposals, and regrets the fact that, despite the initiatives by the Danish Presidency, the Council has so far been unable to state its final position on these proposals;

2.  Notes the encouraging efforts made by the Danish presidency to make progress in the two areas of asylum and immigration;

3.  Calls for the rapid and efficient implementation of the Seville conclusions;

4.  Welcomes the intention of the Council and Commission to publish statistics on immigration and asylum;

5.  Welcomes the Council's rapid adoption of a comprehensive plan to combat illegal immigration and of a plan for the management of external borders and on reaching agreement on the Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (Dublin II), but regrets that these have not formed part of a comprehensive legislative and policy programme;

Immigration

6.  Regrets the fact that no active common immigration policy has been set up until now and stresses the need in particular for a strategic long-term perspective on labour immigration;

7.  Welcomes the proposal on the short-term residence permit issued to victims of action to facilitate illegal immigration or trafficking who cooperate with the competent authorities(3);

8.  Regrets the delay in adopting the directive on the rights of long term residents and on the right of family reunification, which the European Parliament supports, as well as the directive on the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities and the directive on the conditions of entry and residence of third-country nationals for the purposes of studies, vocational training or voluntary service (COM(2002) 548);

9.  Requests the EU and its Member States to introduce integration policies which guarantee respect for the rights and freedoms of legally resident immigrants and fully respect the rule of law and the responsibility of immigrants to integrate into the host society;

10.  Welcomes proposals for improving visa security, improving cooperation on the issuing of visas and creating a database on visas;

11.  Reiterates its call for the creation of an effective instrument for providing analysis of migration flows and information on matters relating to immigration;

12.  Calls on the Council to take measures to enable data to be exchanged among Schengen, Europol and Eurodac files, in full compliance with European data protection rules, in order to fight smuggling effectively;

13.  Calls on the Council to address the sensitive issues of social and legal rights for third-country nationals and fighting the illegal market in employment;

14.  Recalls that strategies for poverty reduction, improvement of living and working conditions, job creation and promotion of training schemes in the countries of origin will, in the long term, contribute to normalising migratory flows;

Asylum

15.  Welcomes the adoption of the Dublin II Regulation;

16.  Welcomes the agreement reached on the proposal for a directive on minimum standards for refugees, but regrets the failure to adopt it thanks to the reservations expressed by certain Member States;

17.  Regrets the delay on the part of the Council in adopting the Commission proposals on a common asylum policy; warns of the development whereby Member States adopt unilateral measures in the absence of common rules;

18.  Notes the introduction, as of 15 January 2003, of the Eurodac system for collecting and comparing asylum seekers" fingerprints;

19.  Notes that the Council is close to adopting Community legislation defining common rules on matters relating to asylum, and that consequently the EP/Council codecision procedure and qualified majority voting should soon come into force in the field of asylum, as advocated by the Convention's Working Group X;

Return and readmission

20.  Recalls that the fight against illegal immigration, trafficking networks and all related crime must remain a priority for the EU; recalls that, in this context, unilateral EU action will not suffice and that cooperation with the countries of origin and transit of immigration is essential if concrete results are to be obtained;

21.  Welcomes the Commission Green Paper and Communication on a Community return policy on illegal residents ((COM(2002) 175) and (COM(2002) 564) respectively) because it has a global vision, particularly as regards cooperation with third countries, but stresses that Parliament should be consulted on readmission agreements;

22.  Points out that the overriding priority must be voluntary returns;

External border control

23.  Calls on the Commission and Council to verify the extent of the implementation and the effectiveness of the measures proposed for the management of the external borders;

24.  Calls on the Council to consider the idea of creating a Community-financed European Border Guard Corps, which would, in an emergency and at the request of the Member States, be deployed to assist national authorities temporarily at vulnerable sections of the EU's external borders;

Institutional questions

25.  Reiterates that the Council should take account of the work done by the European Convention's working Group X on "Freedom, Security and Justice" and its final report of 2 December 2002;

26.  Deplores the lack of democratic control over the measures adopted, arising from the fact that the European Parliament is still only consulted, often within a time limit of three months, and is all too rarely informed of substantive changes within the Council's negotiating process;

27.  Stresses that the position of Parliament must be taken into account and recalls that Parliament has given its opinion on most of the proposals that have been on the Council negotiating table for many months;

28.  Calls for the Member States to speedily incorporate into their national legal systems decisions taken by the Union, and believes that the Commission and European Court of Justice should have a comprehensive and consistent power to pursue infringements;

29.  Notes that in particular the measures aimed at combating illegal immigration, improving border controls and cooperation with third countries will require adequate financial resources, under both the Community budget and the national budgets of the Member States;

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

(1) COM(1999) 638 Proposal for a Council Directive on the right to family reunification;COM(2002) 225 Amended proposal for a Council directive on the right to family reunificationCOM(2001) 510 Proposal for a Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection;COM(2001) 127 Proposal for a Council Directive concerning the status of third-country nationals who are long-term residents; COM(2001) 386 Proposal for a Council Directive on the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities;COM(2002) 59 Proposal for a Council Regulation extending the provisions of Regulation (EEC) No 1408/71 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality;COM(2001) 181 Proposal for a Council Directive laying down minimum standards on the reception of applicants for asylum in Member States;COM(2000) 578 Proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status. (2) OJ C 142, 14.6.2002, p. 23. (3) OJ C 126 E, 28.5.2002, p. 393.

European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council directive amending Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (PE-CONS 3668/2002 – C5&nbhy;0557/2002 – 2000/0077(COD))

P5_TA(2003)0011 A5-0001/2003

(Codecision procedure: third reading)

The European Parliament,

–   having regard to the joint text approved by the Conciliation Committee (PE-CONS 3688/2002 – C5&nbhy;0557/2002),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2000) 189(2)),

–   having regard to the amended proposal (COM(2001) 697(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(2002) 435 &nbhy; C5&nbhy;0369/2002),

–   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;0001/2003),

1.  Approves the joint text;

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&nbhy;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 21 E, 24.1.2002, p. 88. (2) OJ C 311 E, 31.10.2000, p. 134. (3) OJ C 51 E, 26.2.2002, p. 385. (4) P5_TA(2002)0292. (5) OJ C 113 E, 14.5.2002, p. 109.

European Parliament resolution on the situation concerning basic rights in the European Union (2001) (2001/2014(INI))

P5_TA(2003)0012 A5-0451/2002

The European Parliament,

–   having regard to the motions for resolutions by:

–   having regard to its previous annual reports on the human rights situation in the European Union and, in particular, to its resolution of 5 July 2001 on the situation as regards fundamental rights in the European Union(1) that launched a new approach including the EU Charter of Fundamental Rights as its frame of reference;

–   having regard to Articles 6 and 7 of EU Treaty,

–   having regard to the third annual report of the European Union on human rights in 2001, published by the General Affairs Council on 8 October 2001(2),

–   having regard to the findings of the European Monitoring Centre on Racism and Xenophobia (EUMC) and to its own resolutions on the matter, with particular reference to its recommendation of 16 May 2001 on the European Union's position at the World Conference against Racism, Racial Discrimination, Xenophobia and related intolerance(3),

–   having regard to the judgments of the European Court of Justice and the European Court of Human Rights,

–   having regard to the international conventions on the subject and, in particular, to the findings published in 2001 by the monitoring committees for the major United Nations and Council of Europe conventions(4),

–   having regard to the reports by international and European NGOs concerned with human rights,

–   having regard to the reports on the Member States adopted in 2001 by the Council of Europe's European Commission against Racism and Intolerance(5),

–   having regard to the public hearing organised by the European Parliament on 17 April 2002 on respect for fundamental rights in the European Union,

–   having regard to Rule 163 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 Employment and Social Affairs, the Committee on Women's Rights and Equal Opportunities and the Committee on Petitions (A5&nbhy;0451/2002),

Introduction

1.  Draws attention to the fact that the Charter of Fundamental Rights of the European Union provides a résumé of the fundamental values on which the Union is based and which are referred to repeatedly in Articles 6(2), 7 and 29 of the Treaty on European Union, in connection with the establishment of an area of freedom, security and justice;

2.  Believes that it is therefore up to the EU institutions, following the proclamation of the Charter, to take the initiatives needed for them to exercise their role in monitoring respect for fundamental rights in the Member States, having regard to the undertakings given at the signature of the Treaty of Nice on 27 February 2001, particularly as regards the new Article 7(1);

3.  Considers that it has a basic duty to verify that due respect is being shown for fundamental rights both by Union institutions and bodies - pursuant inter alia to Rule 58 of its Rules of Procedure - and by the Member States, in accordance with the Treaties and with Rule 108 of its Rules of Procedure;

4.  Considers that its annual report on the human rights situation in the European Union would carry greater weight if it were more closely coordinated and more consistent with Parliament's external human rights activities and if its power of scrutiny over the Commission and Council were strengthened; calls for the annual report to be adopted no later than the July part-session each year;

5.  Recommends that the report on respect for fundamental rights in the EU be incorporated into the early warning system provided for in Articles 6 and 7 of the EU Treaty, conferring on its committee responsible an ongoing mission to monitor compliance with the Charter, a mission in which the other relevant committees will be involved, forwarding to it any observations during the course of the year;

6.  Believes, in particular, that it is up to the European Parliament, by virtue of its role under the terms of the new Article 7(1) of the Treaty of Nice, and to its relevant committee to monitor, in cooperation with the national parliaments and those of the applicant countries, respect by the European institutions and by the Member States for the rights set out in the chapters of the Charter;

7.  Welcomes the fact that, on 16 October 2002, the Commission set up the Network of Experts on Fundamental Rights and calls on the Commission to submit to the Council and to Parliament the Network's reports on the human rights situation in the EU and the Member States on the basis of multi-disciplinary material, since this should enable Parliament to be presented with an evaluation of the implementation of each of the rights set out in the Charter, taking account of changes in national law, the case law of the Luxembourg and Strasbourg courts and significant case law of the constitutional and other courts of the Member States;

8.  Considers that the Commission rejected the proposal to set up an EU Human Rights Monitoring Agency without sufficient grounds; intends to keep this proposal on the agenda and calls on the Commission to examine how the Network of Human Rights Experts could develop into a monitoring agency of this kind;

9.  Welcomes the Commission's decision (SEC(2001) 380/3 of 13 March 2001) to review legislative proposals and other decisions in advance to see whether they are compatible with the Charter of Fundamental Rights and to establish this in a special clause; calls on the Commission to provide Parliament with an overview of how many of its legislative proposals and other decisions now include such a clause and what percentage this represents of the total number of decisions;

10.  Reiterates its request to the European Convention to incorporate the Charter of Fundamental Rights in the draft Constitution of the Union;

11.  Welcomes the Council's proposal to ensure greater consistency between the EU's internal and external human rights policies, and to explore the development of possible means and practices to this end (General Affairs Council of 25 June 2001), but is concerned that there has been, to date, no evidence of this being put into practice; calls on the Council to inform Parliament of the action taken by 1 July 2003;

12.  Urges its competent bodies to introduce without delay practical improvements in cooperation and coordination between the parliamentary committees responsible for human rights issues inside and outside the European Union respectively, in particular so as to clarify which committee is to be responsible for human rights in the applicant countries;

13.  Urges the Commission and Council not to restrict the annual fora on human rights and citizens' rights (designed to give the dialogue with NGOs greater continuity) to human rights issues outside the EU but also to consider such issues within the EU, thus making it possible to tackle across-the-board topics; calls on its competent bodies to investigate how Parliament may be involved more closely in the preparations for such meetings with a view to ensuring increased efficiency in practice;

14.  Calls on all the Member States to rectify their failure to comply with their reporting requirements to the relevant United Nations monitoring bodies on the implementation of UN human rights conventions(6); calls on the Council and the European Convention to give greater weight to the Member States' obligations to comply with UN human rights conventions in the formulation of European human rights policy;

15.  Calls also on those Member States that are lagging behind in reporting to the relevant Council of Europe committees to comply with their obligations if they have not already done so;

16.  Recalls that democracy is based on full respect for human rights and fundamental freedoms and on the full application of the principle of legality and on the rule of law; calls on the Member States and EU institutions, therefore, to ensure full respect of the provisions of the international treaties on human rights, and notably the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and its protocols, together with their respective Constitutions and laws;

Chapter 1: Human dignity
Right to life

17.  Welcomes the fact that Ireland has removed the death penalty from its Constitution and urges Greece to abolish the death penalty in all circumstances in order to meet the human rights obligations of a Member State;

18.  Calls on Belgium, Germany, Greece, Ireland, Italy and Luxembourg to ratify the UN Convention on the suppression of terrorist bombings and on Belgium, Germany, Finland, Greece, Ireland, Italy, Luxembourg and Portugal to ratify the UN Convention for the suppression of the financing of terrorism;

19.  Reiterates its unconditional rejection and absolute condemnation of terrorism because, whatever outward form it takes and whether it arises or operates within or outside Union borders, it negates the most fundamental human right, the right to life;

20.  Reaffirms that all ideologies are legitimate, provided that they are articulated by democratic means, and roundly condemns, therefore, those terrorist organisations which threaten and kill people because they hold elective office and/or are active in given political groupings;

21.  Reaffirms that terrorism causes irreparable damage and untold misery to its victims and their relatives and accordingly welcomes and calls for the adoption of measures to take account of the special circumstances affecting them;

22.  Notes that, since terrorism seeks to destabilise the rule of law, policies to prevent and combat terrorism should seek first and foremost to maintain and strengthen the rule of law and democracy;

23.  Reiterates its support for measures to combat terrorism and points out that they have to be adopted without exceeding the bounds determined by the rule of law or in any way violating human rights and civil liberties;

24.  Subscribes fully to the Guidelines on human rights and the fight against terrorism adopted by the Committee of Ministers of the Council of Europe on 11 July 2002;

25.  Expresses its concern at the negative impact on fundamental rights already apparent as a result of the measures taken to combat terrorism;

26.  Appeals to the Member States not to violate fundamental rights in any way when combating terrorism and to fight any restriction of those rights;

27.  Recommends that the Member States should introduce a sunset provision in their specific anti-terrorism legislation, requiring an evaluation and/or review of legislation after a reasonable period;

28.  Calls on the Commission and Council to carry out a review in 2003 of the measures taken by the Member States after 11 September 2001, together with a specific evaluation of their potential incompatibility with fundamental rights, and to forward it to Parliament;

Prohibition of torture and inhuman treatment

29.  Points out that Article 4 of the Charter of Fundamental Rights stipulates that "No one shall be subjected to torture or to inhuman or degrading treatment or punishment" and calls for that article to be scrupulously observed in all the Member States;

30.   notes with concern that, for years, misconduct by police officers and other law enforcement officers and atrocious conditions in police stations and prisons have been recurring themes in human rights reports in virtually all Member States;

31.   considers that the Member States should step up their efforts in this area, in particular by:

32.  Notes with concern the report by Amnesty International and the International Helsinki Federation for Human rights, entitled 'Greece: Ill&nbhy;treatment, shootings and impunity' and shares the view that serious violations of human rights in one Member State are not just the responsibility of that country but should also be the proper concern of the EU as a whole;

33.  Considers that the long-term and serious nature of this problem goes to the core of the community of values to which the European Union aspires but notes that the current Treaties offer little scope for policies in this area;

34.  Recommends that the European Convention should recognise the scope for more effective regulation and policy in this area at EU level;

Prohibition of slavery and forced labour

35.  Calls on Austria, Belgium, Germany, Denmark, Finland, France, Greece, Italy, Ireland, Luxembourg, the Netherlands, Portugal, Sweden and the United Kingdom to ratify the UN Convention against transnational organised crime and the associated protocols on trafficking in persons,

36.  Calls on Germany, France, Greece, Ireland, Luxembourg, the Netherlands, Portugal, Sweden and United Kingdom to ratify the UN Protocol on the involvement of children in armed conflict;

37.  Welcomes the fact that, in July 2002, the Council adopted Framework Decision 2002/629/JHA on combating trafficking in human beings(7) and calls on the Member States to transpose the framework decision into national legislation without delay and to adopt the proposal for a Council directive on the short-term residence permit issued to victims of action to facilitate illegal immigration or trafficking in human beings who cooperate with the competent authorities(8) as soon as Parliament has delivered its position;

38.  Calls on the Member States, in particular Greece, to devise and implement a balanced policy to prevent and combat all forms of trafficking in human beings, particularly women, focusing not only on the prosecution of offenders but also the protection and rehabilitation of victims and covering not only trafficking for the purposes of prostitution but also other forms of forced labour and exploitation;

39.  Notes that approximately half a million women from Central and Eastern Europe are transported every year to the European Union to be sold into prostitution: calls on the Member States to make serious efforts to combat trafficking by improving the input of the police, judicial and social authorities and through intensive cooperation with the applicant countries and other countries adjoining the EU;

40.  Considers it essential to intensify the efforts to combat illegal immigration, given that it very often creates a pool of workers who have no rights and have to suffer unacceptable conditions of employment and exploitation;

41.  Calls on the Council to conclude its deliberations on the proposal for a Council Framework Decision on combating the sexual exploitation of children and child pornography(9);

Chapter 2: Freedoms
Freedom of thought, conscience and religion

42.  Calls on Greece to recognise the right of conscientious objection to military service without restriction and without reference to any religious grounds, to introduce forms of alternative service which do not last longer than compulsory military service and to release immediately all those serving prison sentences in this connection;

43.  Notes that, under Article 6 of the UN Convention on the elimination of all forms of discrimination against women (CEDAW), the signatories must take all appropriate measures, including legislative ones, to suppress all forms of trafficking and the exploitation of the prostitution of women;

44.  Deplores the violations of fundamental rights such as freedom of expression and movement, the right of due process and the right to physical integrity that have occurred during public demonstrations, particularly at the time of the G8 meeting in Genoa;

45.  Recalls its recommendation of 12 December 2001 to the Council on an area of Freedom, Security and Justice: security at meetings of the European Council and other comparable events(10) and recommends the Member States to avoid a disproportionate use of force and to instruct national police forces to control violence and preserve individual rights, even in confused crowd scenarios where violent lawbreakers are mixed with peaceful law-abiding citizens; considers that it should be mandatory for national police forces to avoid the use of guns and to comply with the UN recommendation on a proportionate use of force and the Council of Europe ethical code for enforcement; notes in particular that, concerning the disorder in Genoa in July 2001, Parliament will continue to pay particular attention to the follow-up of the administrative, judicial and parliamentary inquiries that were launched in Italy to ascertain if inhuman or degrading treatment or punishment (Article 4 of the Charter of Fundamental Rights of the European Union) took place on that occasion;

46.  Calls on the Member States to guarantee religious pluralism, through equal treatment of all religions and to ensure that religious and secular views are respected and can be expressed on an equal footing;

47.  Recommends that Member States fight the unlawful activities of so-called sects, which threaten the physical or mental integrity of individuals, and in so doing to uphold the principles of the rule of law and apply the normal procedures of criminal and civil law, in line with the views expressed by the Parliamentary Assembly of the Council of Europe(11);

48.  Considers that the freedom no longer to adhere to a religion or ideology and to leave the community concerned should also be deemed a fundamental freedom and that this right should be actively safeguarded by governments where necessary;

49.  Calls on the Member States to ensure that this freedom does not infringe the autonomy of women and the principle of equality between women and men and that it is exercised in accordance with the requirement of separation between Church and State;

Freedom of expression and information, right to privacy, protection of personal data and access to documents

50.  Recommends that the Union adopt a legally binding instrument offering guarantees under the second and third pillars equivalent to those laid down in Directive 95/46/EC(12); is disturbed at the substance of Directive 2002/58/EC(13), which opens up the possibility of data relating to electronic communications being stored (data retention), and advocates once again the adoption of measures to guard against extra-legal communications interception systems;

51.  Calls on Belgium, Denmark and Ireland to sign and ratify the Council of Europe Convention on transfrontier television of 5 May 1989, calls on Greece, Luxembourg, the Netherlands and Sweden to ratify this Convention and calls on those countries and Portugal to sign and respectively ratify the Protocol of 1 October 1998 amending that Convention;

52.  Calls on the Member States to guarantee freedom of opinion and the freedom to express one's ideas in public, since these are essential prerequisites for any policy to safeguard fundamental rights;

53.  Urges the Member States to guarantee journalists" freedom of investigation and the right of non-disclosure (the right of journalists not to disclose their sources), by revising their legislation, where necessary;

54.  Calls on members of governments and other politicians in the Member States to attach paramount importance to the value to democracy of a free press and to refrain from public statements that tend to curtail or influence journalists' freedom and independence;

55.  Categorically rejects all violence, intimidation or threats likely to restrict the freedom to exercise the occupation of journalism; calls, therefore, on all the Member States to respect and defend the right to freedom of conscience and expression and reaffirms its solidarity with those journalists on whose lives attempts are made because they refuse to yield and freely exercise that right;

56.  Recommends that the Member States pay particular attention to political interference with the media so as to ensure that they are not divided up on a purely political basis merely for the purpose of using them against political opponents;

57.  Recommends that the Member States closely monitor virtual monopolies or very large concentrations of the audiovisual and written media and calls on those Member States that do not yet have independent self-regulatory bodies to establish the latter so as to combat effectively all anti-democratic tendencies, preserve cultural diversity and guarantee the quality and plurality of programmes and free access for all;

58.  Stresses the fact that the constitution of de facto monopolies must be monitored not only using economic indicators but also in connection to the respect of fundamental rights and in particular of the freedom of expression established by Article 11 of the Charter of Fundamental Rights of the European Union and by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms; is worried about the situation in Italy, where a large part of the media and the advertising market is controlled - in various forms - by the same person; recalls that such a situation could constitute a serious violation of a fundamental right pursuant to Article 7 of the EU Treaty, as modified by the Nice Treaty;

59.  Recalls Regulation (EC) No 1049/2001(14) and calls on the Commission, the Council and its own Secretariat to guarantee that the Regulation and its spirit are respected and actually result in greater transparency and accessibility for the public; urges the EU to implement the Regulation in a spirit of transparency, apply the exceptions and the stipulations on special treatment for sensitive documents only when absolutely necessary and adopt as soon as possible an instrument to ensure that the rules on access to documents of the EU agencies and bodies conform to the Regulation;

Right of asylum and protection in the event of removal, expulsion and extradition

60.  Reiterates its repeated calls for the Council to expedite the adoption of a common EU asylum policy based on humanism and respect for international conventions and emphasises that observance of human rights is, and must remain, the inviolable principle underlying policy;

61.  Recommends the adoption and implementation by the EU and the Member States of an ambitious programme for the integration of third-country citizens, based on the principle of non-discrimination;

62.  Recommends, in view of the non bis in idem principle, that double jeopardy (conviction and deportation) should be abolished;

63.  Recommends that the Member States increase the flexibility of their naturalisation and/or dual nationality procedures so as to enable residents of foreign origin who so desire to acquire full citizenship;

64.  Urges the Member States to ensure that national and EU asylum policies, as well as border and entry policies, respect the principle of non-refoulement (as laid down in the Geneva Convention and the ECHR) and be aware that, at present, the combination of the Dublin Convention rules and the safe-third-country and safe-country-of-origin concepts, as well as rules on carrier sanctions and transporters' liability, limited access to interpreters and lawyers and the lack of suspensive effect of certain appeal procedures constitute a threat to this principle;

65.  Urges Member States to refrain from any initiative that aims at changing the Geneva Convention itself; calls once again, however, for the criteria governing the admission of refugees to the EU to be broadened to include, in particular, persecution inflicted by persons other than representatives of the state and persecution based on sex (including the threat and the risk to women of being subjected to genital mutilation) and on sexual orientation;

66.  Calls on the Member States - in compliance with the Refugee Convention and the UNHCR recommendations - to ensure that all asylum seekers, including those without identity papers, have access to the asylum procedure;

67.  Calls on the Member States to monitor constantly whether their decisions in individual asylum cases do not undermine the principle of non-refoulement;

68.  Calls on the Member States, in their fight against terrorism, to ensure that they comply with their international obligations on asylum and that any non-application of the Refugee Convention is based on the grounds listed in the Convention itself (Article 1(f) and Article 32) and that no exclusion of this kind is ever made systematically;

69.  Urges the Member States to limit detention of asylum seekers to exceptional cases, to a limited period and only for the reasons set out in the UNHCR Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum Seekers;

70.  Calls on the Member States to ensure that people are not extradited to countries where they risk the death penalty for their offences or where they risk being tortured or maltreated and not to accept any non-binding guarantees; calls, further, on the Member States not to undermine this right through bilateral agreements;

71.  Is concerned at the cases of collective expulsion that have occurred and reminds the Member States that collective expulsion is prohibited by the Charter and by Article 4 of Protocol No 4 to the ECHR, unless there is a specific, justified and objective reason for the decision on the collective expulsion of aliens;

Chapter 3: Equality
Anti-discrimination policy

72.  Welcomes the fact that, following ratification by Luxembourg in 2001, all the Member States have now ratified ILO Convention 111 concerning discrimination in employment and occupation;

73.  Urges Denmark, Spain, France, Sweden and the United Kingdom to sign Protocol No 12 to the ECHR and all Member States to ratify this Protocol;

74.  Calls on the Member States to pursue a coherent anti-discrimination policy at both national and EU level and, in principle, to afford an equal degree of protection from discrimination on different grounds; calls on the Commission to publish a White Paper on the EU's future strategy for equal treatment, in which the departure point referred to above is given more tangible form and on the Member States to take all the appropriate measures to put this principle into practice;

75.  Notes that, in the period under review, Member States have been condemned by the European Court of Human Rights in Cases Nos 37119/97, 35972/97 and 29545/95 for discrimination in access to public service employment; calls on the Commission to ascertain whether, in the cases in question, Directive 2000/78/EC(15) has been breached and, if so, to take appropriate measures; calls, furthermore, for specific proposals for directives to be submitted on the basis of Article 13 of the EC Treaty to combat all the grounds for discrimination referred to in Article 13;

76.  Calls, further, on Italy to take immediate action to comply with the judgment of the European Court of Justice in Case C-212/99 which established that foreign-language university assistants were subject to discrimination;

77.  Calls on the Commission to finalise as soon as possible its proposal for a directive on equal treatment for men and women outside the employment sphere and to submit it to the Council and Parliament;

Racism and xenophobia

78.  Calls on the Member States to pursue a consistent policy to combat discrimination and to promote equality and diversity in order to tackle racism and xenophobia as a structural problem in society, thereby complying with their obligations under the relevant international conventions, including the reporting requirements, and incorporating dialogue with the relevant international monitoring bodies into the policy-making process in a positive way;

79.  Calls on the European institutions and the Member States to continue the fight against racial discrimination and xenophobia in a consistent way and, in doing so, to focus not only on members of ethnic or religious minority groups that have been living in Europe for some time but also on asylum seekers and new economic migrants;

80.  Expresses concern at the growing incidence of racial discrimination and xenophobia, which is undoubtedly fuelled by reactions to the attacks of 11 September 2001, but is also encouraged by the many good practices on the part of political leaders and opinion&nbhy;formers who have sent out a message of reconciliation, equality and solidarity;

81.  Expresses concern at the rising number and increasing violence of acts of anti-semitism and calls on the Member States to pay greater attention to detecting and preventing such offences and prosecuting the perpetrators;

82.  Expresses concern at discrimination against the Roma, above all in housing policy (particularly in Greece and Italy), and urges the authorities concerned to guarantee equality of access to education and other public services, to promote integration and to prevent police violence and intimidation;

83.  Calls on political parties in the Member States to sign and enforce the Charter of European parties for a non-racist society and, hence, refrain from any political alliance or cooperation with political parties which commit or incite racial or ethnic prejudice and racial hatred;

84.  Welcomes the efforts of the European Monitoring Centre for Racism and Xenophobia (EUMC) to compile the necessary data on racism and xenophobia and analyse it and urges the EUMC to use this information proactively; calls on the EUMC to step up its dialogue with governments and administrative bodies in the Member States;

Cultural, religious and linguistic diversity

85.  Welcomes the fact that, in 2001, Belgium signed the Council of Europe Framework Convention for the protection of national minorities; urges France to do likewise; further urges Belgium, France, Greece, Luxembourg and the Netherlands to ratify the Convention;

86.  Urges Belgium, Greece, Ireland and Portugal to sign the European Charter for regional or minority languages; welcomes the fact that Austria, Spain and the United Kingdom ratified the Charter in 2001 and calls on Belgium, France, Greece, Italy, Ireland, Luxembourg and Portugal to do likewise;

87.  Calls on all the Member States (except Denmark and the Netherlands, who have already done so) to sign and ratify ILO Convention No 169 on indigenous and tribal peoples;

88.  Calls on the Member States to recognise the national minorities living in their territory and to guarantee their rights as enshrined in the above conventions; urges the Member States to interpret the concept of 'national minority' broadly and to extend it to all ethnic minorities whose emancipation and social integration is a policy objective;

Equality between men and women

89.  Considers that women's rights must be seen as individual rights and should not be made conditional on women's role in the family or on any other social restriction;

90.  Welcomes the fact that Germany, Greece, the Netherlands, Portugal and Spain have ratified the Optional Protocol to the UN Convention on the elimination of all forms of discrimination against women (CEDAW); calls on Belgium, Luxembourg, Sweden and the United Kingdom to follow their example;

91.  Notes that there is no extensive and up-to-date, yet comparable and accessible, review of the current state of equal treatment of men and women in the Member States; urges the Commission once again to present an analysis of implementation by the Member States of the equal treatment directives and to develop its strategies in order to improve implementation, not least by initiating Treaty infringement procedures and possibly by revising the directives themselves; urges the Commission to ensure that action is taken to combat and punish sexual harassment, since it constitutes humiliating and degrading treatment for any human being;

92.  Calls on the Member States to recognise that freedom from domestic violence and marital rape is a fundamental human right; notes that, despite the breakthroughs achieved, violence against women is continuing to increase; takes the view that it is necessary to explore effective new ways of combating this intolerable form of inhuman treatment;

93.  Considers that a legal approach to equal treatment of men and women must be seen against the background of the process of social emancipation and calls therefore on the Commission to make a comparative analysis of the current situation regarding the emancipation process in the Member States, so that the results of a quarter of a century of European equal treatment policy may be identified and form the cornerstone of future policy;

94.  Urges the European institutions and the Member States to make gender mainstreaming a systematic and visible part of all their activities in the human rights sphere;

95.  Draws attention to the fact that trafficking in human beings largely involves trafficking in women and is linked in particular to women's lack of economic independence and discrimination on the labour market; invites the Member States to continue to recognise this gender-specific dimension and to be careful not to confuse it with the smuggling of human beings;

96.  Urges the Netherlands to comply with the CEDAW and to take to heart the conclusions of the CEDAW; therefore advises the Netherlands to take measures to combat effectively the exclusion of women from membership of political parties and to eliminate the remaining sexual discrimination in the Law on Names;

97.  Calls on France to abolish the difference in the minimum age for marriage for young women and men (15 and 18 years of age respectively);

98.  Requests the lifting of the ban on women entering Mount Athos in Greece, a geographical area of 400 km2, where women's access is prohibited in accordance with a decision taken in 1045 by monks living in the twenty monasteries in the area, a decision which nowadays violates the universally recognised principle of gender equality, Community non-discrimination and equality legislation and the provisions relating to free movement of persons within the EU;

Discrimination on grounds of sexual orientation

99.  Calls on the Commission to compile an up-to-date and comparative review of the situation of homosexual men and women in the Member States so as to provide an insight into the increase or reduction in incidences of discrimination and the success of European and/or national anti-discrimination policy;

100.  Calls on the Member States to pursue an explicit and coherent policy to combat discrimination against homosexual men and women, to promote their social emancipation and integration and to combat prejudice through culture and education and, in particular, by launching an information and solidarity campaign at European level;

101.  Welcomes the fact that, on 13 August 2002, Austria repealed Article 209 of its Criminal Code and thus ended discrimination on the basis of sexual orientation in legislation;

Forms of partnership

102.  Calls on the Member States to recognise unmarried partnerships - between both couples of different sexes and same-sex couples - and to link them to the same rights as apply to marriage;

103.  Urges the European Union to put the mutual recognition of unmarried partnerships and the issue of marriage between persons of the same sex on the political agenda and to draft specific proposals on the subject;

Rights of the Child

104.  Calls on Belgium and the United Kingdom to sign Protocol No 7 to the ECHR; welcomes the fact that Ireland ratified the Protocol in 2001 and calls on Belgium, Germany, Spain, the Netherlands, Portugal and the United Kingdom to do likewise;

105.  Calls on Belgium, Spain, Finland and the Netherlands to sign the European Convention on the adoption of children and further calls on Belgium, Spain, France, Finland, Luxembourg and the Netherlands to ratify the Convention;

106.  Calls on Belgium, Germany, Spain, Finland and the Netherlands to sign the European Convention on the legal status of children born out of wedlock; also calls on Belgium, Germany, Spain, France, Finland, Italy and the Netherlands to ratify that Convention;

107.  Calls on Belgium, Denmark, the Netherlands and the United Kingdom to sign the European Convention on the exercise of children's rights; urges Austria, Belgium, Denmark, Spain, France, Finland, Italy, Ireland, Luxembourg, the Netherlands, Portugal, Sweden and the United Kingdom to ratify that Convention;

108.  Urges the Member States to continue to guarantee the rights of children in accordance with their existing international obligations and to pay particular attention to disadvantaged children, such as children of asylum seekers, children from poor families and children in child protection institutions, and to combating the smuggling of children for the purposes of sexual or commercial exploitation;

109.  Calls on the Member States to ensure that all children present on their territory have the right of access to education;

110.  Considers that the placing of children in care solely on the grounds that they are living in extreme poverty constitutes a violation of fundamental rights; takes the view that, where this cannot be avoided, it should, as far as possible, be regarded as temporary and should seek to achieve the return of the child to its family; believes that the conditions of such care, whether in a foster family or in an institution, and the process aiming at eventual adoption, must respect all the rights of the family and of the child in question; believes that the parents, in particular, must be given help in continuing to exercise their full responsibilities vis-à-vis the child and to maintaining the emotional links necessary for the child's development and well-being;

Protection against discrimination on the ground of age

111.  Considers that the rights of both young people and the elderly must be seen as an integral part of human rights and, in this connection, refers in particular to the right to liberty, the right to exercise autonomy in decision-making and the right to privacy; calls on the Member States to adopt a coherent policy to combat age discrimination and promote access and participation in society, in particular by combating any form of isolation;

Rights of disabled people

112.  Welcomes the fact that, in 2001, Luxembourg ratified the Vocational Rehabilitation and Employment (Disabled Persons) Convention and calls on Austria, Belgium and the United Kingdom to do likewise;

113.  Welcomes the fact that 2003 has been declared European Year of Disabled People and calls on the Member States and the EU institutions to compile sufficient comparable data to give a clearer picture of this issue and to develop a coherent policy and legislation to combat discrimination against disabled people and to promote the social integration of disabled people in all aspects of life; calls on the Member States to monitor closely anti-discrimination measures and, in so doing, to consider the impact thereof on the disabled; calls for policy development in this field to be undertaken in consultation with representative disability organisations;

Chapter 4: Solidarity

114.  Notes with regret that the jurisprudence of the European Court of Human Rights, the fifteenth report of the Committee of Ministers of the European Social Charter and the report of experts of the International Labour Organisation point to a significant number of violations of fundamental social rights in the Member States in 2001;

115.  Calls once again on the Member States to ratify, more than a decade after it was signed, the UN Convention of 18 December 1990 on the protection of the rights of all migrant workers and the members of their families;

116.  Calls on Germany and the Netherlands to sign the revised European Social Charter and on Austria, Belgium, Germany, Denmark, Spain, Greece, Luxembourg, the Netherlands and the United Kingdom to ratify the revised Charter;

117.  Is concerned at the large number of violations of the European Social Charter in Member States revealed by the survey conducted by the European Committee for Social Rights and urges the Member States to rectify these infringements;

118.  Calls on the Commission to draw up a review of the similarities and differences between, on the one hand, the obligations of Member States under the European Social Charter and, on the other, the fundamental social rights that are part of the Community acquis and the rights enshrined in the EU Charter of Fundamental Rights and to forward this review to the Council and Parliament, together with a communication putting forward proposals on how any inconsistencies may be eliminated;

119.  Criticises the fact that seven Member States are violating their obligations under the European Social Charter as regards the access of foreigners to the labour market;

120.  Regrets that there are still major restrictions in some Member States on the right to form trade unions, to engage in collective bargaining and to take part in collective action for people employed in the public sector, particularly in the uniformed services such as the armed forces, the police, the customs service, etc.; calls for the possibilities for exceptions to these rights included in the European Social Charter to be applied much more restrictively and, where possible, to be abolished altogether;

121.  Points out that the Committee of Ministers of the Council of Europe has established 56 cases of violations by the Member States of the provisions of the European Social Charter in the fields of child labour, maternity protection and the access of foreigners to the labour market;

122.  Criticises the fact that most Member States have failed to meet their obligations with respect to child labour under the European Social Charter; notes, in this connection in particular, that the Committee of Ministers of the Council of Europe has issued a reasoned recommendation to Ireland and a warning to Spain in this matter; calls on the Commission, in view of the scale of the violations, to submit a proposal revising Directive 94/33/EC(16);

123.  Criticises the fact that most Member States have failed to comply with their obligations under the European Social Charter as regards maternity leave, the protection from dismissal of pregnant and breastfeeding mothers and as regards the right to breastfeeding periods; calls on the Commission to take into account the findings of the Committee of Ministers of the Council of Europe in revising Directive 92/85/EEC(17) and also to put forward a proposal for the revision of Directive 96/34/EC(18);

124.  Calls on Finland to sign the European Code of Social Security (1964) and on Finland and Austria to ratify it; calls on Finland, Austria, Spain and the United Kingdom to sign the Protocol to the European Code of Social Security, on Denmark, Finland, France, Greece, Ireland, Austria, Spain and the United Kingdom to ratify it, on Denmark, Ireland and the United Kingdom to sign the revised European Code of Social Security (1990) and on all countries to ratify it;

125.  Calls on Denmark, Germany, Finland, the United Kingdom and Sweden to sign and ratify the 1972 European Convention on Social Security and on Ireland and France to ratify that Convention;

126.  Welcomes the fact that Italy has ratified the ILO Maternity Protection Convention and calls on the other Member States to do likewise;

127.  Is concerned that the report by the committee of experts of the International Labour Organisation has established a large number of violations by the Member States of ILO Conventions, including violations of the following basic international labour standards:

128.  Calls for a continuing policy of ratification by Member States of recent ILO conventions such as those on part-time work, home work and private employment agencies, which tie in closely with the issues of atypical employment relationships also addressed in EU directives; urges constructive participation in, and input into, the discussion on other inadequately protected forms of employment which are often on the borderline of self-employment and wage dependency; emphasises the need for better harmonisation and coordination between policies and activities in the framework of the ESC, the ILO and the EU, with regard to both the EU Charter and concrete (secondary) legislation and regulation, and warns that coordination in an EU context must not lead to neglect of, or even deliberate withdrawal from, obligations arising from ILO and ESC membership; recommends that its Committee on Employment and Social Affairs draw up an own-initiative report on this subject;

129.  Expects the applicant countries to take practical and effective measures to implement fundamental rights, with particular regard to combating trafficking in human beings and prostitution;

Chapter 5: Citizenship
Right to vote in local and European elections

130.  Calls on Austria, Belgium, Germany, Spain, France, Greece, Ireland, Luxembourg and Portugal to sign and ratify the European Convention on the participation of foreigners in public life at local level, on the United Kingdom to ratify that Convention and on all Member States to apply it;

131.  Calls on Belgium, Spain, Ireland, Luxembourg and the United Kingdom to sign and ratify the European Convention on nationality and on Germany, France, Finland, Italy and Ireland to ratify that Convention;

132.  Calls on the Member States to provide citizens of other Member States living in their country with more targeted information on the opportunities for them to vote and stand for election in local elections and elections to the European Parliament;

133.  Calls on the Commission to submit a further report on the implementation of Directive 94/80/EC(19) in Member States, in the light of the new circumstances which have occurred since the previous report dated May 2001;

134.  Recognises the universal right of people with disabilities to have access to all aspects of the electoral process, as promoted by the international disability movement, the International Foundation for Election Systems (IFES), and the International Institute for Democracy and Electoral Assistance (IDEA), and calls on the Member States to make this right a reality;

135.  Calls on the Member States to promote a balanced representation of women and men in local and European elections, as the lack of balanced participation of women and men in the decision-making process diminishes the democratic values of our society and our political system;

136.  Calls on the Member States to extend the right to vote and stand for election in local and European elections to all citizens of non-member countries who have been legally resident in the European Union for at least three years;

137.  Takes the view that support should be given to the proposal to the European Convention that the European Ombudsman be granted the power to refer fundamental rights cases to the Court of Justice if no solution can be found in the course of a normal investigation;

138.  Believes that the right to petition is very important as it is a fundamental right of EU citizens to bring matters of concern directly to the European Parliament for redress;

139.  Considers that an assessment should be made of the means by which Parliament may address human and fundamental rights violations in instances where redress to these has been sought by citizens through petitions to the European Parliament;

Freedom of movement and residence

140.  Calls on the Commission and the Member States to eliminate without delay the remaining obstacles to the effective free movement of persons that have been revealed by the decisions of the Court of Justice thereby preventing all forms of discrimination and, in particular, not to allow any restriction on freedom of movement in connection with European Council meetings where this seems likely to prevent people from taking part in demonstrations;

141.  Calls for legislation on the free movement of persons to be simplified in accordance with the principle that any citizen of a non-EU country enjoys full freedom of movement and residence, provided that he or she holds long-term residence status;

142.  Calls on Greece to remove as soon as possible the administrative obstacles to the issuing of valid residence documents to those entitled to them;

Chapter 6: Administration of justice

143.  Welcomes the Commission's consultation exercise on procedural safeguards for suspects and defendants in criminal proceedings and urges it to present proposals in the near future on standards for criminal proceedings that should apply in the European Union;

144.  Calls on the Council to adopt a framework decision on common standards for procedural law, for instance on rules covering pre-trial orders and the rights of the defence and including criteria for investigation methods and the definition of evidence, so as to guarantee a common level of fundamental rights protection throughout the EU;

145.  Urges the Member States, therefore, to promote the publication and translation of a 'letter of rights' to be handed to persons to be questioned, either upon arrival at a police station or at the location where questioning is to take place;

146.  Welcomes the debate launched by the Commission on the need to lay down minimum common standards for compensating the victims of crime;

147.  Welcomes the fact that all Member States have now ratified the Statute of the United Nations International Criminal Court and that this Statute entered into force on 1 July 2002, but calls on the governments and parliaments of the Member States to refrain from concluding any (bilateral) agreement that undermines the effective implementation of the Statute of the International Criminal Court, in particular agreements on immunity enabling certain citizens to evade prosecution by the International Criminal Court;

148.  Is concerned at the large number of serious violations reported by the European Court of Human Rights on the right to a fair trial (Finland, Greece and Italy), the right of access to the courts (Belgium, France, Greece and the United Kingdom), the right to a public hearing (Austria), the principle of adversarial proceedings (Germany, France, Finland, Italy), the right to proceedings within a reasonable time (Austria, Germany, Spain, France, Greece, Italy, Luxembourg and Portugal), the right to an impartial and independent tribunal (Belgium - for criminal proceedings - France and the United Kingdom), the right to a defence (Austria, Belgium, France, Greece and the United Kingdom), the presumption of innocence (Austria) and the right not to be tried or punished twice in criminal proceedings for the same offence (Austria);

149.  Urges the Member States to comply scrupulously and in good time with the judgments of the European Court of Human Rights concerning procedural safeguards and to ensure that legislation is brought into line with those judgments;

150.  Urges the Member States to apply their legal aid schemes for all internal and cross&nbhy;border cases to citizens who do not have adequate financial resources;

151.  Urges the Member States to guarantee the effective application of the right to a fair trial by implementing the principles of adversarial proceedings, trial within a reasonable time, the presumption of innocence of the person charged until judgment is delivered, and the right to an independent and impartial tribunal;

152.  Is alarmed at the very large number of cases in which the European Court of Human Rights has established infringements in Italy of the right to trial within a reasonable time; sees this trend as damaging confidence in the rule of law and calls on Italy to take all the requisite measures to ensure speedy and fair proceedings;

153.  Is seriously concerned at the climate of impunity that has arisen in a number of Member States (Austria, Belgium, France, Italy, Portugal, Sweden and the United Kingdom) in which misconduct and violence by police and prison staff, particularly against asylum seekers, refugees and members of ethnic minorities, are not punished by adequate criminal penalties and urges the Member States concerned to give higher priority to this matter in their law enforcement and prosecution policies;

154.  Takes the view that the substance of this resolution will not have any restrictive effect on the (future) interpretation and development of the rights, freedoms and principles applying to citizens within the European Union, as laid down in the Charter of Fundamental Rights in the European Union;

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155.  Instructs its President to forward this resolution to the Council and Commission, the Court of Justice of the European Communities, the European Court of Human Rights, the European Ombudsman, the Council of Europe, and to the governments and parliaments of the Member States and of the applicant countries.

(1) OJ C 65 E, 14.3.2002, p. 350. (2) http://europa.eu.int/scadplus/leg/en/lvb/r10103.htm. (3) OJ C 34 E, 7.2.2002, p. 208. (4) UN:CAT (Committee against Torture), CCPR (Human Rights Committee), CEDAW (Committee on the Elimination of Discrimination Against Women), CERD (Committee on the Elimination of Racial Discrimination), CESCR (Committee on Economic, Cultural and Social Rights); CRC (Committee on the Rights of the Child); Council of Europe : CPT (European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment), ECRI (European Commission against Racism and Intolerance), ECSR (European Committee for Social Rights). (5) http://www.coe.int/T/E/human_rights/Ecri/4-Publications/1- Ecri's_Publications/ ECRI_Publications.asp #P440_4915. (6) Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, International Covenant on Civil and Political Rights, Convention on the Elimination of All Forms of Discrimination against Women, International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social and Cultural Rights, Convention on the Rights of the Child, (7) OJ L 203, 1.8.2002, p. 1. (8) OJ C 126 E, 28.5.2002, p. 393. (9) OJ C 62 E, 27.2.2001, p. 327. (10) OJ C 177 E, 25.7.2002, p. 194. (11) Recommendation 1412 (1999) and Resolution 1309 (2002). (12) OJ L 281, 23.11.1995, p. 31. (13) OJ L 201, 31.7.2002, p. 37. (14) OJ L 145, 31.5.2001, p. 43. (15) OJ L 303, 2.12.2000, p. 16. (16) OJ L 216, 20.8.1994, p. 12. (17) OJ L 348, 28.11.1992, p. 1. (18) OJ L 145, 19.6.1996, p. 5. (19) OJ L 368, 31.12.1994, p. 38.

European Parliament resolution on the communication from the Commission to the Council and the European Parliament entitled 'Towards integrated management of the external borders of the Member States of the European Union'(COM(2002) 233 – C5&nbhy;0505/2002 – 2002/2212(INI))

P5_TA(2003)0013 A5-0449/2002

The European Parliament,

–   having regard to the Commission communication (COM(2002) 233 – C5&nbhy;0505/2002),

–   having regard to the Plan for the management of the external borders of the Member States of the European Union, adopted by the Council on 13 June 2002,

–   having regard to the conclusions of the Seville European Council of 21 and 22 June 2002 relating to the gradual introduction of coordinated, integrated management of external borders,

–   having regard to the activities of the Workshop on Police and Border Security, co&nbhy;financed through the OISIN Programme, which was held in Austria under the aegis of the Interior Ministries of Austria, Belgium and Finland, and to the subsequent final report dated 10 September 2002(1),

–   having regard to the feasibility study, carried out under Italy's leadership, concerning the establishment of a European border police force(2),

–   having regard to Rules 163 and 47(2) of its Rules of Procedure,

–   having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0449/2002),

A.   whereas, in the light of the current threats from organised crime, illegal immigration, trafficking in human beings and drug trafficking, etc., internal security has become more and more a core topic and, hence, a matter of concern to Europe's citizens,

B.   whereas the external borders continue to constitute a weak link in the overall internal security system, and whereas effective protection against threats is a crucial precondition for any guarantee of internal security and the implementation of the principle of freedom of movement,

C.   whereas European citizens expect the European Union to provide operational concepts in areas where the Member States themselves are no longer able to guarantee adequate security,

D.   whereas, by taking consistent measures in the field of border security, the EU may provide its citizens with greater security than that which may be achieved by purely national measures,

E.   whereas, although the legal and operative components of the Schengen acquis have been incorporated into the European Union's institutional framework, security measures must be taken in part under the first and, in part, under the third pillar; whereas that leads to misunderstandings about the sources of legal standards, on the one hand, and about the organisation of the relevant national authorities, on the other,

F.   whereas, because of the different starting positions, training and equipment of border guards and the transposition of the Schengen acquis in the Member States, problems are already occurring at the current external borders,

G.   whereas, as a result of enlargement, the new Member States will gradually take over the task of ensuring security at the external borders, with a considerable proportion of responsibility being transferred to those countries,

H.   whereas, although security at external borders continues to constitute an essentially national matter and must be managed at national level, increased efficacy of border protection may be achieved principally by means of measures taken at European level,

I.   whereas the absence of a common asylum and immigration policy, combined with integrated management of the external borders, has resulted in an increase in the number of illegal crossings of external borders,

1.  Approves the Council's Plan;

Analysis and redefinition of tasks

2.  Deems it necessary to define the tasks at the external borders afresh and as a common standard in accordance with experience acquired;

3.  Deems it wise to have drawn up an analysis of operational practice in the transposition of the Schengen acquis so as to be able to develop a common policy for the surveillance of the current and future external borders;

4.  Welcomes the Council decision to have the Common Manual on border protection revised and, subsequently, to confer normative status on what the Member States have found to be best practice;

5.  Calls for compliance with the provisions of the Common Manual to be verified at regular intervals by a common monitoring body;

Operational coordination and cooperation

6.  Welcomes most of the measures proposed in the Plan for operational coordination and cooperation but deems the International Airports Plan to be inappropriate for the devising and testing of standard procedures, which might then, in accordance with the Plan, be applied at other external borders, since the situation at airports is clearly very specific and one which is totally different from every other border situation;

Uniform further training

7.  Calls on the Council to implement at long last the joint basic and further training provided for in Article 7 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders(3);

8.  Welcomes the Council proposal that a common syllabus be drawn up for the basic and further training of border guards;

9.  Proposes that a European Staff College be established, with the training provided there creating a multiplier effect so that Europe-wide standards may be guaranteed;

10.  Calls on the Commission to fund with immediate effect projects for the establishment of uniform training standards and operational standards by means of the ARGO programme, with regard to the endowment of which its Committee on Citizens' Freedoms and Rights, Justice and Home Affairs has proposed an increase of EUR 3 million for border protection alone in 2003;

Compatibility of equipment

11.  Calls for measures to be taken to ensure the compatibility of technical equipment;

12.  Deems it necessary for future radar and satellite-based surveillance systems to be designed in such a way that cooperation between Member States may run smoothly and calls, therefore, for support for the development of new technologies which will facilitate border controls at European level;

13.  Calls on the Council to draw up proposals for uniform procurement of mobile surveillance equipment which may be used, as required, for temporarily sensitive sections of the EU's external borders;

Risk analysis

14.  Calls for Europol to draw up an integrated risk analysis model and for the situation reports drawn up to be constantly updated and made available to the Member States;

15.  Calls, with a view to potential synergies, for cooperation between Schengen and Europol for the successful accomplishment of specific tasks, such as the fight against people smugglers;

Steering Committee

16.  Calls on the Council to ensure that, despite the organisational splitting of the Council Working Party on Schengen Evaluation (SCH-EVAL) from the newly created SCIFA+ body, in which the Strategic Committee for Immigration and Asylum works together with the Heads of national Border Control Services, the findings of the two Council working parties are combined;

European Corps of Border Guards

17.  Regrets that, in its Plan, the Council has said very little about the idea of a European Corps of Border Guards;

18.  Endorses the setting up of a jointly financed European Corps of Border Guards, consisting of specialist units, which would, in an emergency and at the request of the Member States, be temporarily seconded to assist national authorities at vulnerable sections of the EU's external borders;

19.  Takes the view that a new legal basis is required for the establishment of a European Corps of Border Guards and calls, therefore, on the European Convention to debate this issue so that, in the medium term, the idea of a joint Corps of Border Guards may be implemented;

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

(1) Austria, Belgium and Finland, OISIN-Programme, "Police and Border Security: Final Report and Proposals", 10 September 2002. (2) Feasibility study for the setting up of a "European Border Police", Final Report, Rome, 30 May 2002. (3) OJ L 239, 22.9.2000, p. 19.

European Parliament resolution on the communication from the Commission to the Council and the European Parliament entitled "Clearing and settlement in the European Union: main policy issues and future challenges" (COM(2002) 257 – C5-0325/2002 – 2002/2169(COS))

P5_TA(2003)0014 A5-0431/2002

The European Parliament,

–   having regard to the Commission's communication (COM(2002) 257 – C5-0325/2002),

–   having regard to the Report of November 2001 entitled "Cross-border clearing and settlement arrangements in the European Union" published by the Giovannini Group(1) which advises the Commission on financial market issues,

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

–   having regard to the report of the Committee on Economic and Monetary Affairs (A5-0431/2002),

A.   whereas Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems(2) marked a key stage in the process of establishing an effective legal framework for payment and settlement systems,

B.   whereas the Lisbon European Council pointed to the strategic importance of integrating the financial markets by 2005, bearing in mind that they are central to the European growth and employment strategy,

C.   whereas the elimination of the exchange risk in the euro area increases the interdependence of the markets at all levels; whereas the United States has made the choice of a unified clearing, settlement and custody framework, which entails a single strategy, a single leadership team and a single technology gateway; whereas the US DTCC processes up to 20 million transactions per day totalling USD 600 billion,

D.   whereas the European Commission is currently engaged in consultations with interested parties on a policy on clearing and settlement in the EU,

E.   whereas the Giovannini Report identified and listed barriers to efficient cross-border clearing and settlement and stated that urgent action is required to remove those barriers,

F.   whereas it is essential to have efficient clearing and settlement arrangements (that is to say, arrangements which offer the right services at the right cost and are competitive and safe) for the EU as a whole, since these are intrinsic to the operation of the financial system,

G.   whereas the existing clearing and settlement arrangements within the EU, although highly efficient where the processing of securities transactions at domestic level is concerned, cannot be combined to enable cross-border transactions to be processed efficiently at the post-trade stage; yet without efficient cross-border clearing and settlement arrangements, the advantages of an internal market in financial services cannot be exploited to the full,

H.   whereas the inefficiency of cross-border clearing and settlement in the EU is due largely to the fragmentation resulting from national differences in technical requirements and market practices, tax procedures, and legal barriers,

I.   whereas to attain a high degree of market efficiency and limit costs, steps will need to be taken to remove technical, market and legal barriers and - gradually within long time frames - tax systems,

J.   whereas in order to oversee the market, there must be mutual understanding, a common approach and harmonised rules among supervisory authorities,

K.   whereas Council Directive 93/22/EEC on investment services in the securities field(3) will be the subject of a revised proposal from the Commission in order to deal with aspects of trading, to which the subjects of clearing and settlement are closely related,

L.   whereas clearing and settlement is undertaken by many competing institutions such as CCPs ("central counterparties"), CSDs ("central securities depositories"), ICSDs ("international central securities depositories"), global custodians and local custodians ("local agents"),

M.   whereas the market has, in the absence of a dedicated framework, effected a consolidation of clearing and settlement entities that nevertheless now makes it essential for a proposal for a directive to be drawn up,

N.   whereas the "PRIMA" approach (Place of the Relevant Intermediary Approach), which is currently under discussion in the context of the Hague Convention on Indirectly Held Securities, is likely to alleviate the issue of conflicts of laws,

O.   whereas competition policy in the EU (Articles 81, 82 and 86 of the Treaty) applies to all undertakings, including those engaging in clearing and settlement,

P.   whereas the ECB (European Central Bank) and the CESR (Committee of European Securities Regulators) have commenced joint work in the field of clearing and settlement with a view to the possible adaptation to the EU of the CPSS (Committee on Payment and Settlement Systems) / IOSCO (International Organisation of Securities Commissions) "Recommendations for Securities Settlement Systems"(4), an analysis of central counterparties" clearing activities and a review of the Giovannini Report,

1.  Welcomes the Commission communication, which it sees as an initial step in the development of a clearing and settlement policy in the EU; considers that the Commission should not confine itself to simple indicative mechanisms, but should instead propose clear rules and regulations that will ensure equality of treatment between different market participants;

2.  Considers that this communication constitutes only a first stage, and calls on the Commission to draw up, in coordination with its work on the abovementioned Directive 93/22/EEC, a specific directive concerning clearing on the one hand and settlement on the other and laying down common rules, in particular on authorisation, supervision, freedom of establishment and freedom to provide services, and a common infrastructural framework;

3.  Points out that if it is to be competitive on a global scale, the EU financial market has to have the necessary solidity and liquidity and be efficient, safe, transparent, and cost-effective;

4.  Believes that if European clearing and settlement systems are too costly to use, or if the infrastructure is insufficient to perform the desired functions, market players may refrain from investing or resort to other, potentially riskier ways of finalising cross-border transactions;

5.  Notes that the excessive cross-border costs have to be eliminated and that the greatest risks, whether legal or of another nature, arising from the inefficiency of clearing and settlement must be minimised in order to bring about a genuinely integrated securities market in the EU; calls on the Commission to study thoroughly the American example and to give a detailed assessment of its strengths and weaknesses so as to assess whether a similar structure could be set up in Europe;

6.  Proposes, first of all, the removal of the technical barriers (elimination of differences in information technology systems, adoption of intra-day finality between systems) and a move towards inter-operability of systems;

7.  Calls on market participants to work via effective common action to eliminate technical/market barriers, since action by market participants is the most efficient way of removing those barriers;

8.  Considers that, in addition to eliminating technical differences, it will be necessary to remove the obstacles to the finalisation of individual cross-border transactions posed by national differences in the legal and tax requirements applying to securities;

9.  Proposes that the forthcoming revision of Directive 93/22/EEC should provide for Member States to grant a right of access for investment firms from other Member States to central counterparty, clearing and settlement systems in their territory and that those systems should be subject to the transparent and objective criteria applicable to local participants; proposes that an information statement be drawn up identifying the fundamental differences between the Member States" laws affecting clearing and settlement systems, in order to guide market participants; considers that in the long-term the creation of a securities code could be envisaged; takes the view, however, that this should be a long-term goal, since it is not feasible in the short term due to the necessity of dealing with differences concerning the legal framework for sensitive issues such as company law, property rights and insolvency law; proposes that a working party of securities experts should be set up rapidly to study in detail the questions raised by harmonisation of securities legislation in the EU and to propose solutions to the abovementioned differences;

10.  Maintains that a further aim should be to eliminate distortions of competition or differences in the treatment of entities carrying out similar clearing and settlement activities and that a fully integrated EU-wide clearing and settlement infrastructure presupposes that rights of access to the systems should be comprehensive, transparent, fair and, above all, effective;

11.  Proposes the introduction of an arrangement for "core" settlement services that should be managed for legal purposes as a user-owned service governed by the rules of non-profit status, after allowing for necessary investment needs, so as to generate fewer costs without distorting competition, given that the agents are at the same time economic mainstays of the structure proper; points out that this formulation will be able to stimulate lower prices, higher quality services and increased innovation, allowing market forces to consolidate the structure thus created, with appropriate legislation where there is risk;

12.  Proposes that central securities depositories should perform national and cross-border infrastructural securities settlement services and securities depository services on an exclusive basis, whereas "value-added services" must be provided by means of a shared and supervised structure that should remain separate, also from a logistical point of view; proposes that the risk exposure of such entities should be limited to the taking of operational risks, to the exclusion of any banking risk, and that they should be organised and supervised in such a way as to ensure that the risk of contagion between the various functions is non-existent; calls for the other services to be supplied in a clearly separated manner and subject to supervision, so as to avoid any distortion of competition; calls for settlement services to be invoiced in a transparent manner and in keeping with the principles of fair competition and free user choice;

13.  Urges the Commission to rapidly bring its inquiry into competition aspects of clearing and settlement systems to a close, in order to ensure that Community competition policy is respected in this sector with regard to discriminatory pricing, exclusive arrangements and excessive pricing;

14.  Considers that there should be enhanced cooperation between supervisors to ensure that there is adequate supervision of clearing and settlement systems, and that supervisors should cooperate on a regular basis in accordance with a common framework, including rules of admission, supervision and passports for freedom of establishment and freedom to provide services;

15.  Welcomes the joint work of the ECB and CESR in the field of clearing and settlement and urges the project to conclude its work as soon as possible, whilst recommending that this initiative and the Giovannini initiative do not duplicate the work of the Commission on the subject;

16.  Considers that the simplest means of eliminating legal barriers to and differences in the regulation of entities active in the areas of clearing and settlement will consist, in the short term, in drawing up a directive laying down a common framework (authorisation, rules of operation, supervision and cooperation between competent supervisors, passport) for the exercise of clearing and settlement activities and, in the long term, in establishing a securities code;

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

(1) http://europa.eu.int/comm/economy_finance/publications/giovannini/clearing1101_en.pdf (2) OJ L 166, 11.6.1998, p. 45. (3) OJ L 141, 11.6.1993, p. 27. (4) Report of the CPSS-IOSCO Joint Task Force on Securities Settlement Systems.

European Parliament resolution on the Commission communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of Regions on the future of health care and care for the elderly: guaranteeing accessibility, quality and financial viability (COM(2001) 723 – C5-0163/2002 - 2002/2071(COS))

P5_TA(2003)0015 A5-0452/2002

The European Parliament,

–   having regard to the Commission communication (COM(2001) 723 – C5-0163/2002),

–   having regard to Articles 13 and 152 of the EC Treaty amended as a result of the Amsterdam Treaty,

–   having regard to the Charter of Fundamental Rights of the European Union(1), in particular Articles 21, 25, 34, 35 and 38,

–   having regard to the communication from the Commission to the Council and the European Parliament entitled "Europe's response to world ageing – promoting economic and social progress in an ageing world – a contribution of the European Commission to the Second World Assembly on Ageing' (COM(2002) 143),

–   having regard to its resolution of 15 December 2000(2) on the Commission communication entitled "Towards a Europe for all ages - promoting prosperity and intergenerational solidarity',

–   having regard to its resolution of 25 October 2000(3) on the Social Policy Agenda,

–   having regard to its resolution of 9 March 1999(4) on the report from the Commission on the state of women's health in the European Community,

–   having regard to its resolution of 16 November 2000 on supplementary health insurance(5),

–   having regard to Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation(6) and the action plan established by Council Decision 2000/750/EC(7),

–   having regard to Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community(8), and Council Regulation (EEC) No 574/72(9) fixing the procedure for implementing it, which is currently being revised,

-   having regard to its resolution of 10 March 1999(10) and the Commission communications concerning the development of public health policy in the European Community (COM(1998) 230) and on the European Community strategy in the field of public health (COM(2000) 285), accompanied by an action plan and the proposal for a European Parliament and Council decision adopting a programme of Community action in the field of public health (2001-2006)(11), and European Parliament and Council Decision No 1786/2002/EC of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008)(12),

–   having regard to the Commission communication entitled "A concerted strategy for modernising social protection" (COM(1999) 347),

–   having regard to European Parliament and Council decision No 1513/2002/EC concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002-2006)(13),

–   having regard to the relevant Presidency Conclusions of the Lisbon European Council of 23-24 March 2000, the Göteborg European Council of 15-16 June 2001 and the Barcelona European Council of 15-16 March 2002, the initial Council report on health care and care for the elderly and the conclusions of the Health Council of 26 June 2002 on free movement of patients,

–   having regard to the objectives and indicators agreed by the Laeken and Nice European Councils with a view to combating poverty and social exclusion,

–   having regard to the conclusions of the two UN World Assemblies on Ageing and, in particular, the new Plan of Action adopted by the Second World Assembly on Ageing(14),

–   having regard to Rule 47(2) of its Rules of Procedure,

–   having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Economic and Monetary Affairs and the Committee on the Environment, Public Health and Consumer Policy (A5&nbhy;0452/2002),

A.   whereas the demographic trend towards an ageing population is a worldwide phenomenon, the significant and complex implications of which cannot find an effective response at exclusively national level,

B.   whereas the European Community strategy and action programme in the field of public health (2003 – 2008) provides an integrated approach to health policies and health care, which is based, inter alia, on health promotion and primary prevention, on obviating sources of danger to health, on the inclusion of a high level of health protection in the definition and implementation of all sectoral policies and on tackling inequalities in health,

C.   whereas various estimates concerning demographic change in the Member States show divergences of up to 60%, which illustrate that forecasts of social developments over a period of fifty years should be treated with caution and can under no circumstances be considered as 'established findings',

D.   whereas the Charter of Fundamental Rights of the Union recognises the right of the elderly to lead a life of dignity and independence and to participate in social, cultural and working life, and the right of everyone to have access to preventive health care and to benefit from medical treatment,

E.   whereas the European Union has affirmed on various occasions the need to draw up a global European strategy covering the economic, employment and social implications of an ageing population, by harnessing the full potential of people of all ages and strengthening solidarity between generations,

F.   whereas health care in the European Union is based on the principles of solidarity, fairness and universal access, and whereas health care systems, which have evolved on the basis of historical factors, will remain the responsibility of the Member States in the future, both as regards the way in which they are organised and financed,

G.   whereas the ageing of the population, developments in medical technology and rising demand for health care services have led to a significant increase in the costs of health care and care for the elderly, which means that all of the Member States are today faced with the problem of how to control, and cover, the costs of health care,

H.   whereas prevention is a cornerstone of a foresighted health policy, and whereas systematic preventive measures will increase general life expectancy, gradually remove differences in health expectancy according to social class, prevent the development of chronic diseases and enable costs of treatment to be saved,

I.   whereas the Barcelona European Council of 15-16 March 2002 stressed the need to launch and develop, during 2002 and 2003, cooperation between the Member States in the area of social protection, by an exchange of good practice and information, and set a guaranteed high and sustainable level of health protection as one of its priority objectives,

J.   whereas the Barcelona European Council also took note of an initial Council report on health care and care for the elderly and requested the Commission and the Council to examine more thoroughly the issues of accessibility, quality and financial sustainability in time for the Spring 2003 European Council,

K.   whereas the Laeken European Council of 14-15 December 2001 called on the Council to adopt, in the area of health care and care for the elderly, a similar approach to that taken in relation to the modernisation of pension systems, when preparing the joint report on health care and care for the elderly, namely to take account in a balanced way of the aspects of accessibility, quality and financial viability; whereas the Social Protection Committee is currently considering this joint report, which is being drawn up on the basis of the national reports forwarded by the Member States in July 2002,

L.   whereas Article 152 of the EC Treaty stipulates that "a high level of health protection shall be ensured in the definition and implementation of all Community policies and activities" and that actions shall not only aim at improving health and preventing diseases but shall likewise aim at "obviating sources of danger to human health",

M.   whereas the Commission communication on the future of health care emphasises that the European Union's health care systems and public health policies must tackle severe challenges, and whilst the provision of health care and care for the elderly remain essentially the responsibility of the Member States, these issues nevertheless must be included in a framework of broader European cooperation, in order to achieve effective results, and must strongly take into account the principles and objectives of the Community action programme in the field of public health and the specific objectives laid down by the United Nations Plan of Action (such as reducing the cumulative effects of risk factors and the development of prevention policies, universal and equal access to health services, the continuing improvement of health services and promoting the social inclusion of disabled persons and persons in the most vulnerable categories),

N.   whereas, not least as a result of rulings by the European Court of Justice, there will be an increase in patient mobility and use of cross-border health care service provision, and whereas this trend, together with the development of the internal market, will have an increasing impact on national health care systems,

O.   whereas, in the light of increasing patient mobility, the Council has agreed that initial areas for cooperation should be the setting up of highly specialised reference centres in which patients from the whole of the Union can receive treatment for specific diseases, the use of available capacity for patients on waiting lists in other Member States, the strengthening of cooperation in border regions and care of patients who settle for a longer period of time in another Member State, for example retired persons,

P.   whereas the state of health of women is determined to a greater extent by socio&nbhy;economic differences and women represent the majority of elderly people in view of their higher life expectancy,

Q.   whereas the Commission Communication is entitled "the future of health care and care for the elderly",

R.   whereas the Ecofin Council of 6 November 2000 stipulated in its conclusions: "Member States' strategies for addressing the economic and budgetary challenges posed by an ageing population should be presented in conjunction with stability and convergence",

1.  Considers that the Commission's Communication is a good basis for discussion on the future for Member States" health care and long-term care systems as a result of demographic ageing in view of the fact the all of these EU care systems are confronted with similar core challenges, although to varying degrees;

2.  Considers that Community cooperation in drawing up policies to tackle ageing must be stepped up, in particular in the field of developing and improving health services and care for all elderly people, and that support for a policy for an active old age requires greater coordination of national social security and public health systems and measures to combat discrimination;

3.  Criticises the fact that the European Community strategy and the Community action programme in the field of public health (2003-2008) based on health promotion and primary prevention is not taken into account in the Commission's approach on the future of health care and care for the elderly;

4.  Calls on the Greek Presidency to make this issue of health care and care for the elderly a priority, in accordance with the conclusions of the Laeken and Barcelona European Councils;

5.  Stresses the need to present an accurate image of the elderly as not merely a liability for the health service but also as a resource and potential asset to society; points out in particular that it is extremely important to avoid discriminatory terms such as "ageing" in legal texts and explanatory memoranda;

6.  Points out that the well-being and health of the elderly require a global response, not only in the sphere of health but also in the social and economic spheres;

7.  Reminds Commission and Council in this respect of the recommendations of the WHO European Health Report 2002, which should be implemented in European and Member States" policies alike: "Health is best served in more socially cohesive, egalitarian societies with a smaller burden of relative deprivation. (…) Thus the link between health policy and other policy sectors such as employment, income maintenance and social welfare, housing and education is crucial in all European Member States. To reduce socio-economic inequality, it is necessary to reduce both the proportion of the population that falls behind and the distance it falls behind. Evidence suggests that greater income equality and the improved social environment that comes with it, act by enhancing the population's psychosocial welfare";

8.  Warns against the risk of overemphasising the importance of the goal of financial viability at the expense of accessibility and quality; points out that forecasts relating to the anticipated rise in costs are difficult to make and depend to a very great extent on the underlying assumptions;

9.  Believes that the crucial issues raised in the Communication require detailed consideration. Due to the wide diversity of health care and long-term care needs and systems across the European Union and in candidate countries, solutions should be defined at the earliest opportunity and be based both on studies and on proper political and economic debate. The whole problem of health care and long-term care for the elderly should also feature in any future Commission work programme;

10.  Considers that the achievement of the objectives of sustainability, accessibility and quality of health services requires, inter alia:

11.  Recommends that the broader principles and objectives of the European strategy on public health become the central reference point for guidelines, exchange of best practice etc. in the proposed OMC on health care and care for the elderly, which implies:

12.  Considers the long-term objectives of accessibility, quality and financial viability proposed by the Commission as too narrowly conceptualised and too strongly biased towards a mere cost-cutting strategy in the framework of the stability pact; recommends therefore to:

13.  Believes, however, that in order to control spending, be it funded from taxation revenue or contributions, healthier lifestyles and means of prevention ought to be promoted, while at the same time raising awareness among service providers and consumers as to the costs involved in therapy and the health care consumption;

14.  Calls on the Commission and the Social Protection Committee to take account of the following recommendations:

15.  Stresses that increased quality in health care and long-term care systems must go hand in hand with increased capacity and high-quality supply, as waiting times for care also have a negative impact on the quality of life of the elderly and their relatives, and thus on productivity and overall economic output; substantial public and private investment is necessary in order to maintain and improve quality and diversity while at the same time expanding capacity;

16.  Calls on the Commission and Council to:

17.  Welcomes the fact that the Council has agreed on closer cooperation, the exchange of information and experience and the identification of national best practice in the area of health care and care for the elderly, and calls for the Council, at the time of the Spring 2003 European Council, to adopt a proposal from the Commission and the Social Protection Committee, to adopt in principle the use of the open method of coordination, to lay down a precise timetable for further action and to agree on common targets and indicators by the Spring 2004 European Council;

18.  Calls for an interinstitutional agreement under which rules are to be adopted concerning the involvement of Community institutions in all stages of the open method of coordination (setting of targets, defining of indicators, consultation on reports), including rules on access to documents and participation in meetings;

19.  Calls for the Social Protection Committee to conclude by the start of 2003 its work on the examination of means of measuring quality-adjusted life expectancy, premature mortality dependent on socio-economic position and access to health care, and calls on the Council to agree on appropriate indicators during 2003;

20.  Calls on the European Convention to include a high level of health protection as a general goal in the draft Constitution and to define health policy as an area in which competence is shared between the European Union and the Member States, in order to enable the European Union to continue, as previously, to take action complementing Member States" policy, including the adoption of legislation;

21.  Calls on the Commission and Council to take account of the decisions adopted in the joint report currently being prepared when drawing up the Broad Economic Policy Guidelines and when preparing the joint synthesis report for the Spring 2003 European Council;

22.  Calls on the Commission and the Social Protection Committee to keep the European Parliament regularly informed, in a timely manner, of their activities;

23.  Stresses that, within the objective of achieving closer coordination of existing EU models, account should be taken of the future needs of European pensioners, one such need being for them to maintain the rights they have acquired during their working lives, regardless of the Member State in which they reside once they have retired: this will require the adoption of arrangements under which the implementation of such rights is compatible with the structure of the various pension systems currently in place in the EU;

24.  Recalls in that context its call for the European Parliament to be involved in the production of the Broad Economic Policy Guidelines;

25.  Stresses the need to take account of the challenges of EU enlargement when discussing policy on health care and long-term care for the elderly;

26.  Instructs its President to forward this resolution to the Council, the Commission, the Social Protection Committee and the parliaments of the Member States.

(1) OJ C 364, 18.12.2000, p. 1. (2) OJ C 232, 17.8.2001, p. 381. (3) OJ C 197, 12.7.2001, p. 180. (4) OJ C 175, 21.6.1999, p. 68. (5) OJ C 223, 8.8.2001, p. 339. (6) OJ L 303, 2.12.2000, p. 16. (7) OJ L 303, 2.12.2000, p. 23. (8) OJ L 149, 5.7.1971, p. 2. (9) OJ L 74, 27.3.1972, p. 1. (10) OJ C 175, 21.6.1999, p. 135. (11) OJ C 337 E, 28.11.2000, p. 122. (12) OJ L 271, 9.10.2002, p. 1. (13) OJ L 232, 29.8.2002, p. 1. (14) Report of the Second World Conference on Ageing of 8-12 April 2002, organised by the United Nations and the Spanish Government, containing the resolutions and the Plan of Action adopted by the Assembly, A/CONF 197/9.

European Parliament resolution on Afghanistan, one year after the Bonn Agreement

P5_TA(2003)0016 RC-B5-0022/2003

The European Parliament,

–   having regard to its previous resolutions on Afghanistan, in particular its resolution of 5 September 2002(1),

–   having regard to the Bonn Conference on 4-5 December 2001 which set out a schematic roadmap and timetable for establishing peace and security and for the reconstruction of Afghanistan,

–   having regard to the Commission decisions of 30 October 2002 and 19 December 2002 granting additional humanitarian aid to Afghanistan, bringing the overall amount of European Union aid to EUR 265 million,

–   having regard to the Presidency declaration of 22 December 2002 on the Kabul declaration,

–   having regard to the adoption of the European Union budget for 2003,

A.   whereas more than one year has passed since the launch of the process in Bonn and welcoming the efforts made by the people of Afghanistan and by its government to restore throughout the country the harmony needed for lasting peace to be established,

B.   whereas improvements are being made in security and stability in major parts of the country, and an Afghan National Army and Police Force are being formed, security concerns remain in parts of Afghanistan, in particular those which are still in the hands of warlords and where the Afghan Transitional Administration (ATA) has no full access,

C.   whereas there is evidence of the existence of residual terrorist networks in Afghanistan and Pakistan, which are potentially very dangerous for the whole region and the rest of the world,

D.   having regard to the election by the emergency Loya Jirga by secret ballot of President Karzai as Head of State and the establishment of the ATA, which has taken over the conduct of state affairs in order to rehabilitate the country and strengthen and promote stability, democracy and prosperity in Afghanistan,

E.   welcoming the undertaking made in Kabul on 22 December 2002 by all of Afghanistan's neighbouring countries not to intervene in its internal affairs,

F.   whereas the ATA has established a number of institutions which could be the basis for a democratic development, such as the Human Rights Commission, the Central Bank, the drafting committee as a precursor to the Constitutional Commission, etc.,

G.   convinced that, following more than two decades of war and violence, it is important that allegations of human rights violations and war crimes, particularly at Mazar-I-Sharif, are investigated as quickly as possible and those responsible punished,

H.   whereas the situation of women and girls gives cause for concern in large parts of Afghanistan and particularly in Herat, where under the rule of the local governor, women's and girls' freedom of expression, association and movement and respect for their right to equality, work, education and physical integrity steadily deteriorated throughout 2002,

I.   whereas more than 600 people are held in United States military custody at the naval base at Guantánamo Bay, Cuba, and elsewhere without charge or trial or access to the courts, lawyers or relatives,

J.   regretting the lack of real coordination between the various organisations working for the United Nations, representatives of donor countries and non-governmental organisations (NGOs) and the Afghan Government,

K.   whereas economic reconstruction remains an important priority as part of a concerted international effort aimed at bringing long-term stability to Afghanistan, which requires donors to come forward with contributions to advance this goal,

L.   whereas long-term political, social and economic efforts and the support of the international community are necessary, in particular, assistance in re-establishing political and judicial institutions and police forces, demobilising and reintegrating armed factions and taking measures to safeguard respect for human rights,

M.   deeply concerned about the resumption of illegal drugs cultivation and trafficking,

1.  Stresses that the international community should continue to lend the requisite support to the re-establishment of the political, judicial and security institutions needed to restore the authority of the government and the rule of law;

2.  Calls for an enlarged mandate for the International Security Assistance Force (ISAF) to give greater support to the ATA in its efforts to bring peace to, and maintain control over, the whole of the Afghan territory, in order to ensure long-term stability in the country and prevent the outbreak of regional confrontations as well as geopolitical instability;

3.  Welcomes the budgetary efforts undertaken by the Commission and the Member States; however, deplores the fact that no major European political role corresponds to this financial support;

4.  Calls on the Member States to actively contribute to the training of an Afghan National Army and police force and to the rebuilding of the judicial system and of a legal framework for effective human rights protection and for the improvement of women's condition and calls in particular on the Commission to extend its cooperation to the Afghan Human Rights Commission (AHRC);

5.  Reaffirms the EU's commitment to the stability and the reconstruction of civic institutions in Afghanistan, and expresses its support for the efforts of the government of President Karzai to achieve national reconciliation and internal and external security in Afghanistan;

6.  Calls on the ATA to promulgate a decree to introduce the separation of civilian and military security roles on all levels in order to limit the functions of the local and regional military commanders combined with additional civilian administrators answerable to Kabul;

7.  Calls on the Commission and the wider donor community to continue to cooperate with the Afghan Government in promoting rapid progress in the areas of health and education and in assistance in all fields so as to achieve rapidly tangible progress, and to ensure that assistance does not benefit regional leaders rather than the population in need;

8.  Underlines the legitimate expectations of the Afghan people, who still fail to see a significant improvement of their living conditions, especially in the fields of health, education, water and sanitation and demining, which should constitute the priority of the rehabilitation programmes;

9.  Emphasises, in this connection, the priorities set by the Afghan Government: development of human resources, creation of economic infrastructure and reinforcement of the capacities of the government institutions;

10.  Reiterates its call for a well-coordinated programme of mine action, including assistance to mine victims, to be put in place as a matter of urgency with the full support of the Afghan Government and the international community;

11.  Calls on all sides to fulfil the remaining provisions of the Bonn Agreement and for the drafting of a new constitution and preparations for free and fair elections by June 2004 through which a broad-based, gender-sensitive, multi-ethnic and fully representative government can be established;

12.  Calls for a swift, objective investigation into all human rights violations and war crimes; calls on the United Nations to increase its human rights monitoring presence around the country; appeals to the UN Assistance Mission in Afghanistan (UNAMA) to raise publicly human rights problems with regional leaders, to publish detailed reports of alleged abuses and to pressure these leaders to repeal restrictions against women;

13.  Calls on UNAMA and the AHRC to investigate human rights conditions in Herat and throughout Afghanistan pertaining to women's rights and calls on ISAF forces to assist the AHRC in its work;

14.  Calls on the UN Commission on Human Rights special rapporteur on violence against women and on the special rapporteur on human rights in Afghanistan to visit areas of Afghanistan where women and girls are being subjected to human rights abuses;

15.  Welcomes the Declaration on Good-Neighbourly Relations signed by the Transitional Administration of Afghanistan and the governments of China, Iran, Pakistan, Tajikistan, Turkmenistan and Uzbekistan in Kabul on 22 December 2002, and calls on the governments of Afghanistan's neighbouring countries to cooperate unreservedly, so as to entirely dismantle the remaining terrorist networks constructed by Al&nbhy;Qa'ida and the Taliban forces;

16.  Calls on the new government and the governments of the neighbouring countries to take all possible measures to fight organised crime and drug production and trafficking, this being an essential precondition for stability in the region;

17.  Is concerned about the lasting problem of warlords operating in the country and believes that joint efforts by Afghan security forces and international military forces should be increased to stamp out the warlords" activity, and calls for a halt to all kinds of support to regional and local commanders;

18.  Calls on the United Nations and the donor governments to find just and coherent criteria for repatriation schemes for Afghan refugees who are facing an uncertain future and have to deal with different policies operated by hosting countries and humanitarian agencies;

19.  Calls on the Council to reconsider the repatriation of Afghan refugees and to take into account the lack of any infrastructure on the Afghan side;

20.  Reiterates its call on the US to clarify the situation of the prisoners at Guantánamo Bay and take the necessary steps to ensure that basic safeguards are in place for all those in its custody; while recognising the US Government's obligations to take effective security measures when dealing with cases affecting the safety of the public, recalls that the Government also has the obligation to ensure that any such measures do not compromise fundamental human rights safeguards under international law and standards;

21.  Deeply regrets that there is currently no real cohesion between the activities of international organisations, governments, NGOs and the Afghan Government, and calls for consideration to be given to the creation of a fully-fledged reconstruction agency;

22.  Requests the Conference of Presidents to consider sending a delegation of Members of the European Parliament to Afghanistan next spring;

23.  Instructs its President to forward this resolution to the Council, the Commission, the United Nations and the governments of Afghanistan, Pakistan, Iran, Tajikistan, Uzbekistan, the United States of America and China.

(1) P5_TA(2002)0407.

European Parliament Decision appointing the European Ombudsman

The European Parliament,

-   having regard to the Treaty establishing the European Community, and in particular Articles 21, second paragraph, and 195 thereof,

-   having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 107d thereof,

-   having regard to its decision of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties(1), as amended by its decision of 14 March 2002(2),

-   having regard to Rule 177 of its Rules of Procedure,

-   having regard to the call for nominations(3),

-   having regard to its votes of 14 and 15 January 2003,

1.  Appoints Mr Nikiforos Diamandouros European Ombudsman with effect from 1 April 2003;

2.  Requests Mr Diamandouros to take an oath before the Court of Justice;

3.  Instructs its President to forward this Decision to the Council, the Commission and the Court of Justice.

(1) OJ L 113, 4.5.1994, p. 15. (2) OJ L 92, 9.4.2002, p. 13. (3) OJ C 213, 7.9.2002, p. 10.