European Parliament legislative resolution on the proposal for a Council Regulation amending Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (COM(2003) 806 – C5-0032/2004 – 2003/0312(CNS))

P5_TA(2004)0103 A5-0082/2004

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2003) 806)(1),

–   having regard to Article 57 of the Act of Accession, pursuant to which the Council consulted Parliament (C5-0032/2004),

–   having regard to Rules 67 and 158(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A5-0082/2004),

1.  Approves the Commission proposal;

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

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

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

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 1177/2002 concerning a temporary defensive mechanism to shipbuilding (COM(2004) 26 – C5-0061/2004 – 2004/0008(CNS))

P5_TA(2004)0104 A5-0056/2004

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2004) 26)(1),

–   having regard to Article 89 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0061/2004),

–   having regard to Rule 67 and 158(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs (A5-0056/2004),

1.  Approves the Commission proposal;

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

3.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

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

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

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council decision authorising the Member States which are Contracting Parties to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy to ratify, in the interest of the European Community, the Protocol amending that Convention, or to accede to it (14305/2003 – C5-0611/2003 – 2003/0150(AVC))

P5_TA(2004)0105 A5-0036/2004

(Assent procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (14305/2003)(1),

–   having regard to the request for assent submitted by the Council pursuant to Article 300(3) second subparagraph, in conjunction wiht Article 61(c), Article 67 and Article 300(2) first subparagraph of the EC Treaty (C5-0611/2003),

–   having regard to Rule 86(1) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on Legal Affairs and the Internal Market (A5-0036/2004),

1.  Gives its assent to proposal for a Council decision;

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

(1) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of the Agreement between the European Community and the Macao Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation (10667/1/2003 – C5-0490/2003 – 2003/0054(CNS))

P5_TA(2004)0106 A5-0096/2004

(Consultation procedure)

The European Parliament,

–   having regard to the Council proposal (10667/1/2003)(1),

–   having regard to the Commission proposal to the Council (COM(2003) 151)(2),

–   having regard to Article 63(3)(b) and the second sentence of the first paragraph of Article 300(2) of the EC Treaty,

–   having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0490/2003),

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

–   having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0096/2004),

1.  Approves the Council proposal;

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

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

4.  Instructs its President to forward its position to the Council and Commission and the governments of the Member States and of the Macao Special Administrative Region of the People's Republic of China.

(1) Not yet published in OJ. (2) Not yet published in OJ.

European Parliament legislative resolution on the proposal for a Council Decision concerning the conclusion of the Memorandum of Understanding between the European Community and the National Tourism Administration of the People's Republic of China on visa and related issues concerning tourist groups from the People's Republic of China (ADS) (COM(2003) 790 – C5-0029/2004 – 2003/0299(CNS))

P5_TA(2004)0107 A5-0101/2004

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2003) 790),(1)

–   having regard to Article 62(2)(b)(ii) and (iv) and Article 63(3)(b) in conjunction with the second sentence of the first subparagraph of Article 300(2) of the EC Treaty,

–   having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0029/2004),

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

–   having regard to the report of the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5-0101/2004),

1.  Approves the Commission proposal;

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

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

4.  Instructs its President to forward its position to the Council and Commission and to the Government of the People's Republic of China.

(1) Not yet published in OJ.

European Parliament resolution on the estimates of the European Parliament for an Amending Budget of the European Union for the financial year 2004 (new Staff Regulations) (2004/2013(BUD))

P5_TA(2004)0108 A5-0072/2004

The European Parliament,

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

–   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1) and particularly Articles 37 and 38 thereof,

–   having regard to the general budget of the European Union for the financial year 2004, as finally adopted on 18 December 2003(2),

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

–   having regard to the preliminary draft estimates adopted by its Bureau on 9 February 2004,

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

–   having regard to the report of the Committee on Budgets (A5-0072/2004),

A.   whereas the revised Staff Regulations are expected to enter into force on 1 May 2004,

B.   whereas, to comply with the revised Staff Regulations, the 2004 establishment plan has to be technically adapted to accomodate the new grades during the transitional period and a new budget item for contract staff has to be created with a token entry (p.m.),

1.  Adopts the estimates, as attached to this resolution, pending an amending budget for the financial year 2004 to take account of the revised Staff Regulations;

2.  Calls on its Secretary-General to provide supplementary information on the following points by 15 April 2004:

3.  Instructs its President to forward this resolution and the attached estimates to the Council and the Commission.

ANNEX: ESTIMATES

TITLE 1- EXPENDITURE RELATING TO PERSONS WORKING WITH THE INSTITUTION

CHAPTER 11 - STAFF IN ACTIVE EMPLOYMENT

New item

Item 1115 Contract staff

Remarks

Rules applicable to other servants of the European Communities adopted on ... 2004, with particular reference to Articles 1, 3a and 3b thereof.

(1) OJ L 248, 16.9.2002. (2) OJ L 53, 23.2.2004. (3) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on persistent organic pollutants and amending Directives 79/117/EEC and 96/59/EC (COM(2003) 333 – C5-0273/2003 – 2003/0119(COD))

P5_TA(2004)0109 A5-0017/2004

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 333),(1)

–   having regard to Articles 251(2), 95(1) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0273/2003),

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

–   having regard to Rules 67 and 63 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0017/2004),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 26 February 2004 with a view to the adoption of Regulation (EC) No .../2004 of the European Parliament and of the Council on persistent organic pollutants and amending Directive 79/117/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (2),

Having regard to the Opinion of the European Economic and Social Committee (3),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (4),

Whereas:

(1)  This Regulation primarily concerns environmental protection and the protection of human health. The legal basis is therefore Article 175(1) of the Treaty.

(2)  The Community is seriously concerned by the continuous release of persistent organic pollutants into the environment. These chemical substances are transported across international boundaries far from their sources and they persist in the environment, bioaccumulate through the food web, and pose a risk to human health and the environment. Further measures need therefore to be taken in order to protect human health and the environment against these pollutants.

(3)  In view of its responsibilities for the protection of the environment, the Community signed on 24 June 1998 the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants, hereinafter "the Protocol", and on 22 May 2001 the Stockholm Convention on Persistent Organic Pollutants, hereinafter "the Convention".

(4)  While legislation at Community level relating to persistent organic pollutants has been put in place, its main deficiencies are that there is an absence of, or incomplete legislation on, prohibition of the production and use of any of the currently listed chemicals, that there is no framework to subject additional persistent organic pollutant substances to prohibitions, restrictions or elimination, nor any framework to prevent the production and use of new substances that exhibit persistent organic pollutant characteristics. No emission reduction targets, as such, have been set at Community level and the current release inventories do not cover all sources of persistent organic pollutants.

(5)  In order to ensure coherent and effective implementation of the Community's obligations under the Protocol and the Convention, it is necessary to establish a common legal framework, within which to take measures designed in particular to eliminate the production, placing on the market and use of intentionally produced persistent organic pollutants. Furthermore, persistent organic pollutants' characteristics should be taken into consideration in the framework of the relevant Community assessment and authorisation schemes.

(6)  Coordination and coherence should be ensured when implementing at Community level the provisions of the Rotterdam (5), Stockholm and Basel Conventions (6) and when participating in the development of the Strategic Approach to International Chemicals Management (SAICM) within the United Nations framework.

(7)  Moreover, considering that the provisions of this Regulation are underpinned by the precautionary principle as set forth in the Treaty, and mindful of Principle 15 of the Rio Declaration on Environment and Development and in view of the aim of elimination, where feasible, of the release of persistent organic pollutants into the environment, it is appropriate in certain cases to provide for control measures stricter than those under the Protocol and the Convention.

(8)  In the future, the proposed REACH Regulation could be an appropriate instrument by which to implement the necessary control measures on production, placing on the market and use of the listed substances and the control measures on existing and new chemicals and pesticides exhibiting persistent organic pollutants' characteristics. However, without prejudice to the future REACH Regulation and since it is important to implement these control measures on the listed substances of the Protocol and the Convention as soon as possible, this Regulation should for now implement those measures.

(9)  In the Community, the placing on the market and use of most of the persistent organic pollutants listed in the Protocol or the Convention has already been phased out as a result of the prohibitions laid down in Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (7) and Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (8). However, in order to fulfil the Community's obligations under the Protocol and the Convention and to minimise the release of persistent organic pollutants, it is necessary and appropriate also to prohibit the production of those substances and to restrict exemptions to a minimum so that exemptions only apply where a substance fulfils an essential function in a specific application.

(10)  Exports of substances covered by the Convention and exports of lindane are regulated by Regulation (EC) No 304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of dangerous chemicals (9).

(11)  The production and use of hexachlorocyclohexane (HCH), including lindane, is subject to restrictions under the Protocol but not totally prohibited. That substance is still used in some Member States and therefore it is not possible to prohibit immediately all existing uses. However, in view of the harmful properties of HCH and the possible risks related to its release into the environment, its production and uses should be confined to a minimum and ultimately phased out by the end of 2007 at the latest.

(12)  Obsolete or carelessly managed stockpiles of persistent organic pollutants may seriously endanger the environment and human health through, for instance, contamination of soil and ground water. It is appropriate, therefore, to adopt provisions that go beyond the provisions laid down in the Convention. Stockpiles of prohibited substances should be treated as waste, while stockpiles of substances the production or use of which is still allowed should be notified to the authorities and properly supervised. In particular, existing stockpiles which consist of or contain banned persistent organic pollutants should be managed as waste as soon as possible. If other substances are banned in the future, their stocks should also be destroyed without delay and no new stockpiles should be built up. In view of the particular problems of certain new Member States, adequate financial and technical assistance should be provided through existing Community financial instruments, such as the Cohesion and Structural Funds.

(13)  In line with the Communication from the Commission on the Community Strategy for Dioxins, Furans and Polychlorinated Biphenyls (PCBs) (10), and with the Protocol and the Convention, releases of persistent organic pollutants which are unintentional by-products of industrial processes should be identified and reduced as soon as possible with the ultimate aim of elimination, where feasible. Appropriate national action plans, covering all sources and measures, including those provided for under existing Community legislation, should be drawn up and implemented to reduce the releases continuously and cost-effectively as soon as possible. To this end, appropriate tools should be developed in the framework of the Convention.

(14)  In line with that Communication, appropriate programmes and mechanisms should be established to provide adequate monitoring data on the presence of dioxins, furans and PCBs in the environment. However, it is necessary to ensure that appropriate tools are available and can be used under economically and technically viable conditions.

(15)  Under the Convention, the persistent organic pollutant content in waste is to be destroyed or irreversibly transformed into substances that do not exhibit similar characteristics, unless other operations are environmentally preferable. Since current Community legislation on waste does not lay down specific rules as regards those substances, they should be laid down in this Regulation. To ensure a high level of protection, common concentration limits for the substances in waste should be established before 31 December 2005.

(16)  The importance of identifying and separating waste consisting of, containing or contaminated by persistent organic pollutants at source in order to minimise the spreading of these chemicals into other waste is recognised. Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (11) established Community rules on the management of hazardous waste obliging Member States to take the necessary measures to require that establishments and undertakings which dispose of, recover, collect or transport hazardous waste do not mix different categories of hazardous waste or mix hazardous waste with non-hazardous waste.

(17)  The Convention provides that each Party is to draw up a plan for the implementation of its obligations under the Convention. Member States should provide opportunities for public participation in drawing up their implementation plans. Since the Community and the Member States share competence in that regard, implementation plans should be drawn up both at national and Community level. Cooperation and an exchange of information between the Commission and the authorities of the Member States should be promoted.

(18)  In accordance with the Convention and the Protocol, information on persistent organic pollutants should be provided to other Parties. The exchange of information with third countries not party to those Agreements should also be promoted.

(19)  Public awareness of the hazards that persistent organic pollutants pose to the health of present and future generations as well as to the environment, particularly in developing countries, is often lacking, and wide-scale information is therefore needed to increase the level of caution and gain support for restrictions and bans. In accordance with the Convention, public awareness programmes on these substances, especially for the most vulnerable groups, as well as training of workers, scientists, educators, technical and managerial personnel should be promoted and facilitated, as appropriate.

(20)  Upon request and within available resources, the Commission and the Member States should cooperate in providing appropriate and timely technical assistance designed especially to strengthen the capacity of developing countries and countries with economies in transition to implement the Convention. Technical assistance should include the development and implementation of suitable alternative products, methods and strategies, inter alia, to the use of DDT in disease vector control which, under the Convention, can only be used in accordance with World Health Organisation recommendations and guidelines and when locally safe, effective and affordable alternatives are not available to the country in question.

(21)  There should be regular evaluation of the effectiveness of the measures taken to reduce releases of persistent organic pollutants. To that end, Member States should report regularly to the Commission, in particular as regards release inventories, notified stockpiles and the production and placing on the market of restricted substances. The Commission, in cooperation with Member States, should develop a common format for Member States' reports.

(22)  The Convention and the Protocol provide that Parties thereto may propose other substances for international action and consequently additional substances may be listed under those Agreements, in which case this Regulation should be amended accordingly. Furthermore, it should be possible to modify the existing entries in Annexes to this Regulation, inter alia for the purposes of adapting them to scientific and technical progress.

(23)  When Annexes to this Regulation are amended to implement any listings of an additional, intentionally produced persistent organic pollutant in the Protocol or in the Convention, it should be included in Annex II, instead of Annex I, only in exceptional cases and when duly justified.

(24)  The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12).

(25)  In order to ensure transparency, impartiality and consistency at the level of enforcement activities, Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive, since non-compliance can result in damage to human health and the environment. Information on infringements of the provisions of this Regulation should be made public, where appropriate.

(26)  Since the objectives of this Regulation, namely to protect the environment and human health from persistent organic pollutants, cannot be sufficiently achieved by the Member States, owing to the transboundary effects of those pollutants, and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(27)  In the light of the above, Directive 79/117/EEC should be amended,

HAVE ADOPTED THIS REGULATION:

Article 1

Objective and scope

1.  Taking into account, in particular, the precautionary principle, the objective of this Regulation is to protect human health and the environment from persistent organic pollutants by prohibiting, phasing out as soon as possible, or restricting the production, placing on the market and use of substances subject to the Stockholm Convention on Persistent Organic Pollutants, hereinafter "the Convention", or the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants, hereinafter "the Protocol", and by minimising, with a view to eliminating where feasible as soon as possible, releases of such substances, and by establishing provisions regarding waste consisting of, containing or contaminated by any of these substances.

2.  Articles 3 and 4 shall not apply to waste consisting of, containing or contaminated by any substance listed in Annexes I or II.

Article 2

Definitions

Article 3

Control of production, placing on the market and use

1.  The production, placing on the market and use of substances listed in Annex I, whether on their own, in preparations or as constituents of articles, shall be prohibited.

2.  The production, placing on the market and use of substances listed in Annex II, whether on their own, in preparations or as constituents of articles, shall be restricted in accordance with the conditions set out in that Annex.

3.  Member States and the Commission shall, within the assessment and authorisation schemes for existing and new chemicals and pesticides under the relevant Community legislation, take into consideration the criteria set out in paragraph 1 of Annex D to the Convention and take appropriate measures to control existing chemicals and pesticides and prevent the production, placing on the market and use of new chemicals and pesticides, which exhibit characteristics of persistent organic pollutants.

Article 4

Exemptions from control measures

1.  Article 3 shall not apply in the case of:

2.  Article 3 shall not apply in respect of substances occurring as a constituent of articles produced before or on the date of entry into force of this Regulation until six months after the date of its entry into force.

Article 3 shall not apply in the case of a substance occurring as a constituent of articles already in use before or on the date of entry into force of this Regulation.

However, immediately upon becoming aware of articles referred to in the first and second subparagraph, a Member State shall inform the Commission accordingly.

Whenever the Commission is so informed or otherwise learns of such articles, it shall, where appropriate, notify the Secretariat of the Convention accordingly without further delay.

3.  Where a substance is listed in Part A of Annex I or in Part A of Annex II, a Member State wishing to permit, until the deadline specified in the relevant Annex, the production and use of that substance as a closed-system site-limited intermediate shall notify accordingly the Secretariat of the Convention.

The notification shall be communicated also to the other Member States and to the Commission and shall give details of actual or estimated total production and use of the substance concerned and the nature of the closed-system site-limited process, specifying the amount of any non-transformed and unintentional trace contamination by any persistent organic pollutant starting material in the final product.

The deadlines referred to in the first subparagraph may be amended in cases where, following a repeat notification from the Member State concerned to the Secretariat of the Convention, express or tacit consent is issued under the Convention for the continued production and use of the substance for another period.

Article 5

Stockpiles

1.  The holder of a stockpile, which consists of or contains any substance listed in Annex I or Annex II, for which no use is permitted, shall manage that stockpile as waste and in accordance with Article 7.

2.  The holder of a stockpile greater than 50 kg, consisting of or containing any substance listed in Annex I or Annex II, and the use of which is permitted shall provide the competent authority of the Member State in which the stockpile is established with information concerning the nature and size of that stockpile. Such information shall be provided within 12 months of the entry into force of this Regulation and of amendments to Annexes I or II and annually thereafter until the deadline specified in Annex I or II for restricted use.

The holder shall manage the stockpile in a safe, efficient and environmentally sound manner.

3.  Member States shall monitor the use and management of notified stockpiles.

Article 6

Release reduction, minimisation and elimination

1.  Within two years of the date of entry into force of this Regulation, Member States shall draw up and maintain release inventories for the substances listed in Annex III into air, water and land in accordance with their obligations under the Convention and the Protocol.

2.  A Member State shall communicate its action plan on measures to identify, characterise and minimise with a view to eliminating where feasible as soon as possible the total releases developed in accordance with its obligations under the Convention, to both the Commission and the other Member States as part of its national implementation plan, pursuant to Article 8.

The action plan shall include measures to promote the development and, where it deems appropriate, shall require the use of substitute or modified materials, products and processes to prevent the formation and release of the substances listed in Annex III.

3.  Member States shall, when considering proposals to construct new facilities or significantly to modify existing facilities using processes that release chemicals listed in Annex III, without prejudice to Directive 96/61/EC (16), give priority consideration to alternative processes, techniques or practices that have similar usefulness but which avoid the formation and release of substances listed in Annex III.

Article 7

Waste management

1.  Producers and holders of waste shall undertake all reasonable efforts to avoid, where feasible, contamination of this waste with substances listed in Annex IV.

2.  Notwithstanding Directive 96/59/EC (17), waste consisting of, containing or contaminated by any substance listed in Annex IV shall be disposed of or recovered, without undue delay and in accordance with Annex V, part 1 in such a way as to ensure that the persistent organic pollutant content is destroyed or irreversibly transformed so that the remaining waste and releases do not exhibit the characteristics of persistent organic pollutants.

In carrying out such a disposal or recovery, any substance listed in Annex IV may be isolated from the waste, provided that this substance is subsequently disposed of in accordance with the first subparagraph.

3.  Disposal or recovery operations that may lead to recovery, recycling, reclamation or re-use of the substances listed in Annex IV shall be prohibited.

4.  By way of derogation from paragraph 2:

5.  Concentration limits in Annex V, part 2 shall be established for the purposes of paragraph 4(b) before 31 December 2005 in accordance with the procedure referred to in Article 17(2).

6.  The Commission may, where appropriate, and taking into consideration technical developments and relevant international guidelines and decisions and any authorisations granted by a Member State, or the competent authority designated by that Member State in accordance with paragraph 4 and Annex V, adopt additional measures relating to the implementation of this Article. The Commission shall define a format for the submission of the information by Member States in accordance with paragraph 4(b)(iii). Such measures shall be decided in accordance with the procedure laid down in Article 17(2).

7.  The Commission shall, before 31 December 2009, review the derogations in paragraph 4 in the light of international and technical developments, in particular with regard to their environmental preferability.

Article 8

Implementation plans

1.  When preparing their national implementation plans, Member States shall, in accordance with their national procedures, give the public early and effective opportunities to participate in this process.

2.  As soon as a Member State has adopted its national implementation plan in accordance with its obligations under the Convention, it shall communicate it both to the Commission and to the other Member States.

3.  When preparing their implementation plans, the Commission and the Member States shall exchange information on the content, as appropriate.

4.  The Commission shall, within two years of the entry into force of this Regulation, draw up a plan for the implementation of Community obligations under the Convention.

As soon as the Commission has adopted the Community implementation plan, it shall communicate it to the Member States.

The Commission shall review and update the Community implementation plan, as appropriate.

Article 9

Monitoring

The Commission and the Member States shall establish, in close cooperation, appropriate programmes and mechanisms, consistent with the state of the art, for the regular provision of comparable monitoring data on the presence of dioxins, furans and PCBs as identified in Annex III in the environment. When establishing such programmes and mechanisms, due account shall be taken of developments under the Protocol and the Convention.

Article 10

Information exchange

1.  The Commission and the Member States shall facilitate and undertake the exchange within the Community and with third countries of information relevant to the reduction, minimisation or elimination, where feasible, of the production, use and release of persistent organic pollutants and to alternatives to those substances, specifying the risks and the economic and social costs related to such alternatives.

2.  The Commission and Member States, as appropriate, shall promote and facilitate with regard to persistent organic pollutants:

3.  Without prejudice to Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (18), information on health and safety of humans and the environment shall not be regarded as confidential. The Commission and the Member States that exchange other information with a third country shall protect any confidential information as mutually agreed.

Article 11

Technical assistance

In accordance with Articles 12 and 13 of the Convention, the Commission and the Member States shall cooperate in providing appropriate and timely technical and financial assistance to developing countries and countries with economies in transition to assist them, upon request and within available resources and taking into account their particular needs, to develop and strengthen their capacity to fully implement their obligations under the Convention. Such support may also be channelled through non-governmental organisations.

Article 12

Reporting

1.  Member States shall every three years forward to the Commission information on the application of this Regulation, including information on infringements and penalties.

2.  Member States shall provide the Commission every year with statistical data on the actual or estimated total production and placing on the market of any substance listed in Annex I or II.

3.  Within three years of the date of entry into force of this Regulation and every three years thereafter, Member States shall provide the Commission with:

4.  As regards the data and information to be provided by Member States pursuant to paragraphs 1, 2 and 3, the Commission shall develop in advance a common format in accordance with the procedure referred to in Article 16(2).

5.  Regarding the substances listed in the Convention, the Commission shall, at intervals to be determined by the Conference of the Parties of the Convention, compile a report on the basis of the information provided by the Member States in accordance with paragraph 2 and communicate it to the Secretariat of the Convention.

6.  The Commission shall every three years compile a report on the application of this Regulation and shall integrate it with the information already available in the context of the EPER, as established by Decision 2000/479/EC (19), and CORINAIR Emission Inventory of EMEP (Cooperative Programme for Monitoring and Evaluation of the Long-Range Transmission of Air Pollutants in Europe), and with the information provided by the Member States under paragraphs 1, 2 and 3 to form a synthesis report. This report shall include information on the use of derogations as referred to in Article 7(4). It shall forward a summary of the synthesis report to the European Parliament and to the Council and make it available to the public without delay.

Article 13

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission one year after entry into force of this Regulation at the latest and shall notify it without delay of any subsequent amendment affecting them.

Article 14

Amendment of Annexes

1.  Whenever a substance is listed in the Convention or the Protocol, the Commission shall, where appropriate, amend Annexes I to III accordingly, in accordance with the procedure referred to in Article 16(2).

Whenever a substance is listed in the Convention or the Protocol, the Commission shall, where appropriate, amend Annex IV in accordance with the procedure referred to in Article 17(2).

2.  Modifications to the existing entries in Annexes I to III, including their adaptation to scientific and technical progress, shall be adopted by the Commission in accordance with the procedure referred to in Article 16(2).

3.  Modifications to the existing entries in Annex IV and modifications to Annex V, including their adaptation to scientific and technical progress, shall be adopted by the Commission in accordance with the procedure referred to in Article 17(2).

Article 15

Competent authorities

Each Member State shall designate the competent authority or authorities responsible for the administrative tasks required by this Regulation. It shall inform the Commission of such designation at the latest three months after the entry into force of this Regulation.

Article 16

Committee for general matters

1.  The Commission shall be assisted by the Committee established by Article 29 of Directive 67/548/EEC for all matters under this Regulation except for those relating to waste.

2.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.  The Committee shall adopt its rules of procedure.

Article 17

Committee for waste matters

1.  The Commission shall be assisted by the Committee established by Article 18 of Directive 75/442/EEC, for matters relating to waste under this Regulation.

2.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.  The Committee shall adopt its rules of procedure.

Article 18

Amendments to Directive 79/117/EEC

In Part B of the Annex to Directive 79/117/EEC, "Persistent Organochlorine compounds", items 1 to 8 shall be deleted.

Article 19

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ,

For the European Parliament For the Council

The President The President

ANNEX I

LIST OF SUBSTANCES SUBJECT TO PROHIBITIONS

Part A – Substances listed in the Convention and in the Protocol

Part B – Substances listed only in the Protocol

ANNEX II

LIST OF SUBSTANCES SUBJECT TO RESTRICTIONS

Part A – Substances listed in the Convention and in the Protocol

Part B – Substances listed only in the Protocol

ANNEX III

LIST OF SUBSTANCES SUBJECT TO RELEASE REDUCTION PROVISIONS

ANNEX IV

LIST OF SUBSTANCES SUBJECT TO WASTE MANAGEMENT PROVISIONS SET OUT IN ARTICLE 7

ANNEX V

WASTE MANAGEMENT

Part 1 Disposal and recovery under Article 7(2)

The following disposal and recovery operations, as provided for in Annex IIA and IIB of Directive 75/442/EEC, are permitted for the purposes of Article 7(2) when applied in such a way as to ensure that the persistent organic pollutant content is destroyed or irreversibly transformed

D9 Physico-chemical treatment,

D10 Incineration on land, and

R1 Use principally as a fuel or other means to generate energy, excluding waste containing PCBs.

Pre-treatment operation prior to destruction or irreversible transformation pursuant to this Part of this Annex may be performed, provided that a substance listed in Annex IV that is isolated from the waste during the pre-treatment is subsequently disposed of in accordance with this Part of this Annex. In addition, repackaging and temporary storage operations may be performed prior to such pre-treatment or prior to destruction or irreversible transformation pursuant to this part of this Annex.

Part 2 Wastes and operations to which Article 7(4)(b) applies

The following operations are permitted for the purposes of Article 7(4)(b) in respect of the wastes specified, defined by the six-digit code as classified in Decision 2000/532/EC (21).

* Any waste marked with an asterisk (*) is considered as hazardous waste pursuant to Directive 91/689/EEC on hazardous waste, and is subject to the provisions of that Directive.

(1) Not yet published in OJ. (2) OJ C (3) OJ C (4) Position of the European Parliament of 26 February 2004 (not yet published in the Official Journal). (5) Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade. (6) Convention on the control of transboundary movements of hazardous wastes and their disposal. (7) OJ L 33, 8.2.1979, p. 36. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36). (8) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2004/21/EC (OJ L 57, 25.2.2004, p. 4). (9) OJ L 63, 6.3.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 1213/2003 (OJ L 169, 8.7.2003, p. 27). (10) OJ C 322, 17.11.2001, p. 2. (11) OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28). (12) OJ L 184, 17.7.1999, p. 23. (13) Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ P 196, 16.8.1967, p. 1). Directive as last amended by Council Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36). (14) Council Directive 75/442/EEC of 15 July 1975 on waste (OJ L 194, 25.7.1975, p. 39). Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). (15) Commission Directive 2001/59/EC of 6 August 2001 adapting to technical progress for the 28th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ L 225, 21.8.2001, p. 1). (16) Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003. (17) Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ L 243, 24.9.1996, p. 31). (18) OJ L 41, 14.2.2003, p. 26. (19) Commission Decision 2000/479/EC of 17 July 2000 on the implementation of a European pollutant emission register (EPER) according to Article 15 of Council Directive 96/61/EC concerning integrated pollution prevention and control (IPPC) (OJ L 192, 28.7.2000, p. 36). (20) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1). Directive as last amended by Commission Directive 2004/30/CE (OJ L 77, 13.3.2004, p. 50). (21) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3). Decision as last amended by Council Decision 2001/573/EC (OJ L 203, 28.7.2001, p. 18). (22) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1). Directive as last amended by Regulation (EC) No 1882/2003. (23) Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste and landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC (OJ L 11, 16.1.2003, p. 27). (24) Except in the case of waste containing or contaminated by PCBs above the concentration of 50 ppm.

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC, Euratom) No 1150/2000 implementing Decision 2000/597/EC, Euratom on the system of the Communities' own resources (COM(2003) 366 – C5-0326/2003 – 2003/0131(CNS))

P5_TA(2004)0110 A5-0063/2004

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2003) 366)(1),

–   having regard to Article 279(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0326/2003),

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

–   having regard to the report of the Committee on Budgets (A5-0063/2004),

1.  Approves the Commission proposal as amended;

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

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

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

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 ARTICLE 1, POINT 16a (new) Article 21b (new) (Regulation (EC, Euratom) No 1150/2000) 16a. The following new Article 21b is inserted under Title IX: "Article 21b In accordance with Article 9 of Decision 2000/597/EC, Euratom the Commission shall undertake, before 1 January 2006, a general review of the own resources system. New proposals made by the Commission on the basis of this review should give particular attention to Article 2(3), Article 4 and Article 5 of that Decision."

(1) Not yet published in OJ.

European Parliament legislative resolution on the amended proposal for a Council regulation amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities (COM(2003) 721 – C5-0575/2003 – 2002/0100(CNS))

P5_TA(2004)0111 A5-0078/2004

(Consultation procedure - renewed consultation)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 213)(1) and to the amended Commission proposal (COM(2003) 721)(2),

–   having regard to its position of 19 June 2003(3),

–   having been reconsulted by the Council pursuant to Article 283 of the EC Treaty (C5-0575/2003),

–   having regard to Rule 67 and 71(3) of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the Internal Marketl (A5-0078/2004),

1.  Approves the Commission proposal as amended;

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

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

4.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

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

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

Text proposed by the Commission   Amendments by Parliament Amendment 13 RECITAL 35 (35)  The overall level of pay and pensions for officials and other servants should be such that it continues to attract and retain the best applicants from all the Member States in an independent and permanent European civil service. (35)  The overall level of pay and pensions for officials and other servants should be such that it continues to attract and retain the best applicants from all the Member States in an independent and permanent European civil service. It is appropriate, therefore, to ensure that the joint effects of the application of the 'Method', the special levy and the actuarial balance do not have an adverse impact on salaries. Amendment 14 RECITAL 38a (new) (38a) Given that the present reform entails significant budgetary consequences and also provides for a number of financial procedures, it is appropriate to ensure that the role of the budgetary authorities in this process is fully safeguarded. Amendment 1 ARTICLE 2, PARAGRAPH 1 This Regulation shall enter into force on [...]. This Regulation shall enter into force on 1 May 2004. Amendment 15 ANNEX I, POINT 7 Article 5, paragraph 3, point (a), indent 3 (Staff Regulations of officials of the European Communities) - where justified in the interests of the service, professional training or professional experience of an equivalent level. - where duly justified in the interests of the service, professional training or professional experience of an equivalent level. Amendment 16 ANNEX I, POINT 7 Article 5, paragraph 3, point (b), indent 2 (Staff Regulations of officials of the European Communities) - where justified in the interest of the service, professional training of an equivalent level. - where duly justified in the interest of the service, professional training of an equivalent level. Amendment 2 ANNEX I, POINT 7 Article 5, paragraph 6 (Staff Regulations of officials of the European Communities) 6.  By way of derogation from paragraphs 1 and 2 and up to an overall maximum of 90 posts, the European Parliament may create a function group for its ushers comprising four grades equivalent to AST 1 to 4. deleted Amendment 17 ANNEX I, POINT 7 Article 6, paragraph 2 (Staff Regulations of officials of the European Communities) 2.  To ensure equivalence of the average career in the career structure before 1 May 2004 (old career structure) and after 1 May 2004 (new career structure) and without prejudice to the principle of promotion based on merit as laid down in Article 45 of the Staff Regulations, this plan shall ensure that for each institution, the number of vacant positions at every grade of the establishment plan on January 1 corresponds to the number of officials in the lower grade in active employment on 1 January of the preceding year, multiplied by the rates laid down in Annex I, point B, for that grade. These rates shall be applied on a five-year average basis as from [1 May 2004]. 2.  On this reference base and within the context of the staff policy of each institution, to ensure equivalence of the average career in the career structure before 1 May 2004 (old career structure) and after 1 May 2004 (new career structure) and without prejudice to the principle of promotion based on merit as laid down in Article 45 of the Staff Regulations, this plan shall ensure that for each institution, the number of vacant positions at every grade of the establishment plan on January 1 corresponds to the number of officials in the lower grade in active employment on 1 January of the preceding year, multiplied by the rates laid down in Annex I, point B, for that grade. These rates shall be applied on a five-year average basis as from [1 May 2004]. Amendment 3 ANNEX I, POINT 25 Article 22b, paragraph 1, point (b) (Staff Regulations of officials of the European Communities) (b) the official has previously disclosed the same information to the European Anti-Fraud Office or to his own institution and has allowed the Office or that institution the period of time set by the Office or the institution, given the complexity of the case, to take appropriate action. The official shall be duly informed of that period of time. (b) the official has previously disclosed the same information to the European Anti-Fraud Office or to his own institution and has allowed the Office or that institution the period of time set by the Office or the institution to take the appropriate action. This period of time shall be one month for the institution and 60 days for the Office. Should the complexity of the case so require, this period of time may be increased. The official shall be duly informed of the period of time in question and of the decision of the institution or the Office regarding action to be taken. Amendment 4 ANNEX I, POINT 33, POINT (c) Article 29, paragraphs 3 and 4 (Staff Regulations of officials of the European Communities) (3)  The institutions may organise internal competitions for each function group on the basis of qualifications or tests or both tests and qualifications for the institution concerned which shall be at least at AST 6-level or higher and at AD 9-level or higher. (3)  The institutions may organise internal competitions for each function group on the basis of qualifications or tests or both tests and qualifications for the institution concerned which shall be at least at AST 6-level or higher and at AD 9-level or higher. These competitions will be open to members of the temporary staff of that institution engaged in accordance with Article 2 of the Conditions of Employment of other Servants of the European Communities. The institutions shall require as minimum qualifications for these competitions at least ten years of service as a temporary servant and having been recruited as a temporary servant on the basis of a selection procedure which ensured the application of the same standards as for the selection of officials in conformity with Article 12 (3a) of these Conditions of Employment. By derogation from Article 29 (1) (a), the Appointing Authorities of the institution that engaged the temporary servant shall, before filling a vacant post in that institution, consider transfers of officials in parallel with successful candidates from these internal competitions. These competitions will only be open to members of the temporary staff of that institution engaged in accordance with Article 2(c) of the Conditions of Employment of other Servants of the European Communities. The institutions shall require as minimum qualifications for these competitions at least ten years of service as a temporary servant and having been recruited as a temporary servant on the basis of a selection procedure which ensured the application of the same standards as for the selection of officials in conformity with Article 12(3a) of these Conditions of Employment. By derogation from Article 29 (1) (a), the Appointing Authorities of the institution that engaged the temporary servant shall, before filling a vacant post in that institution, consider transfers of officials in parallel with successful candidates from these internal competitions. (4)  The European Parliament shall organise at least two internal competitions on the basis of qualifications every five years for each function group which shall be at least at AST 6-level or higher and at AD 9-level or higher, in accordance with the second subparagraph of paragraph 3. (4)  The European Parliament shall organise an internal competition on the basis of qualifications and tests once every five years for each function group which shall be at least at AST 6-level or higher and at AD 9-level or higher, in accordance with the second subparagraph of paragraph 3. Amendment 18 ANNEX I, POINT 60 Article 66 a, paragraph 2, point (b) (Staff Regulations of officials of the European Communities) (b)  The Council, acting in accordance with the procedure laid down in Article 283 of the EC Treaty after consulting the other institutions concerned, may, if appropriate, in the context of the review provided for in Article 15(2) of Annex XI to the Staff Regulations, alter the rate of the special levy referred to in point (a) on the basis of a report and a proposal from the Commission. deleted Amendment 5 ANNEX I, POINT 85 Annex I, Table A, columns 3 and 4, last three rows (Staff Regulations of officials of the European Communities) Text proposed by the Commission AST 3 Assistant working for example as: Junior clerk; junior documentalist; junior technician, junior IT operative; AST 2 Assistant working for example as: Filing clerk; technical attendant; IT attendant. AST 1 Assistant working for example as: Filing clerk; technical attendant; IT attendant. Amendment by Parliament AST 3 (a)  Assistant working for example as: Junior clerk; junior documentalist; junior technician, junior IT operative; (b)  Parliamentary Usher*. AST 2 (a)  Assistant working for example as: Filing clerk; technical attendant; IT attendant; (b)  Parliamentary Usher*. AST 1 (a)  Assistant working for example as: Filing clerk; technical attendant; IT attendant. (b)  Parliamentary Usher*. ____________ * The number of posts of Parliamentary Usher in the European Parliament shall not exceed 85. Amendment 6 ANNEX I, POINT 92, POINT (g) Annex VII, Article 7, paragraph 2, subparagraph 1 (Staff Regulations of officials of the European Communities) 2.  The basis for calculating the reimbursement shall be the first-class rail fare on the shortest and most economical habitual route by rail between the place of employment and the place of recruitment or origin. 2.  The basis for calculating the reimbursement shall be the first-class rail fare on the shortest and most economical habitual route by rail or by ship if there is no rail connection or by plane if there is no rail or ship connection between the place of employment and the place of recruitment or origin. (This amendment applies to the entire legislative text under review: adoption would involve technical adjustments throughout the text). Amendment 20/rev. ANNEX I, POINT 92, POINT (h), POINT (i) Annex VII, Article 8, paragraph 2, subparagraph 2 (Staff Regulations of officials of the European Communities) The kilometric allowance shall be: The kilometric allowance shall be: € 0 for every km from 0 to 200 km € 0 for every km from 0 to 200 km [€ 0.3117] for every km from 201 to1000 km [€ 0.3117] for every km from 201 to1000 km [€ 0.5195] for every km from 1001 to 2000 km [€ 0.5195] for every km from 1001 to 2000 km [€ 0.3117] for every km from 2001 to 3000 km [€ 0.3117] for every km from 2001 to 3000 km [€ 0.1039] for every km from 3001 to 4000 km [€ 0.1039] for every km over and above 3000 km, with no upper limit. € 0 for every km over 4 000 km Amendment 7 ANNEX I, POINT 93, POINT (h), POINT (iii) Annex VIII, Article 9, paragraph 2 (Staff Regulations of officials of the European Communities) The Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply the above reduction to the officials concerned, up to a maximum of 10% of the officials in all institutions who retired the previous year. The annual percentage may vary from 8% to 12%, subject to a total of 20% over two years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to fix after five years the maximum annual percentage rate between 5 and 10 % of all officials in all institutions who retired the previous year, on the basis of Article 283 of the EC Treaty. The Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply the above reduction to the officials concerned. The total number of officials and temporary servants who retire without any reduction of their pension each year shall not be higher than 10% of the officials in all institutions who retired the previous year. The annual percentage may vary from 8% to 12%, subject to a total of 20% over two years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to fix after five years the maximum annual percentage rate between 5 and 10 % of all officials in all institutions who retired the previous year, on the basis of Article 283 of the EC Treaty. Amendment 8 ANNEX I, POINT 94 Annex IX, Section 1, Article 2, paragraph 2 (Staff Regulations of officials of the European Communities) (Does not affect the English version) Amendment 21 ANNEX II, POINT 2a (new) Article 2, point (c) (Conditions of Employment of other servants of the European Communities) 2a. In Article 2(c), the words "other than officials of the Communities" are deleted; Amendment 9 ANNEX II, POINT 17 Article 39, paragraph 1, subparagraph 2 (Conditions of Employment of other servants of the European Communities) Article 9(2) of Annex VIII shall apply under the following conditions: The Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply any reduction to the pension of a temporary servant, up to a maximum of 20% of the temporary servants in all institutions who retired the previous year. The annual percentage may vary, subject to an average of 20% over five years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to fix after five years the maximum annual percentage rate between 10 and 20 % of all temporary servants in all institutions who retired the previous year, on the basis of Article 283 of the EC Treaty. Article 9(2) of Annex VIII shall apply under the following conditions: The Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply any reduction to the pension of a temporary servant, up to a maximum of eight temporary servants in all institutions in any one year. The annual number may vary, subject to an average of ten every two years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to change after five years the maximum annual number on the basis of Article 283 of the EC Treaty. Amendment 19/rev. ANNEX II, POINT 31 Title IV, Article 85 (Conditions of Employment of other servants of the European Communities) 1.  The contracts of contract staff for non-core tasks may be concluded for a fixed period of at least three months and not more than five years. They may be renewed not more than once for a fixed period of not more than five years. The initial contract and the first renewal must be of a total duration of not less than six months for function group I and not less than nine months for the other function groups. Any further renewal shall be for an indefinite period. 1.  The contracts of contract staff for non-core tasks may be concluded for a fixed period of at least three months and not more than five years. They may be renewed. If the cumulative duration of the initial contract and successive renewals exceeds five years, any further renewal shall be for an indefinite period. Periods covered by a contract as a member of the contract staff for auxiliary tasks shall not be counted for the purposes of the conclusion or renewal of contracts under this article. Periods covered by a contract as a member of the contract staff for auxiliary tasks shall not be counted for the purposes of the conclusion or renewal of contracts under this article. 2.  By way of derogation from the last sentence of the first sub-paragraph of paragraph 1, the appointing authority may decide that only the fourth renewal of a contract for a member of function group 1 shall be for an indefinite period, provided that the total duration of his engagement for a fixed period does not exceed ten years. Amendment 10 ANNEX II, POINT 40 Annex 1, Article 1 (Conditions of Employment of other servants of the European Communities) Article 1 Article 50 of the Staff Regulations shall apply by analogy to temporary servants equivalent in grade and function to senior officials as defined in Article 29(2) of the Staff Regulations and engaged in accordance with Article 2(c) of these Conditions of Employment to assist a political group in the European Parliament. deleted

(1) OJ C 291 E, 26.11.2002, p. 33. (2) Not yet published in OJ. (3) 3 P5_TA(2003)0290.

European Parliament resolution on nuclear disarmament: Non-proliferation Treaty Review Conference in 2005 - EU preparation of third NPT PrepCom (New York, 26 April - 7 May 2004)

P5_TA(2004)0112 RC-B5-0101/2004

The European Parliament,

–   having regard to Rule 37(4) of its Rules of Procedure,

A.   whereas the 2000 Conference of the States party to the Nuclear Non-proliferation Treaty (NPT) asked the Conference on Disarmament (CD) to establish an appropriate subsidiary body with a mandate to deal with nuclear disarmament, as contained in the fourth of the 13 points relating to Article VI of the NPT adopted by the 2000 NPT Conference,

B.   whereas all the Member States are States party to the NPT and two Member States are nuclear weapon states as defined in the NPT,

C.   whereas the CD has neither established the requested subsidiary body within three years after the Review Conference nor is it in the process of so doing,

D.   whereas it has shown major concern in nuclear disarmament and deliberated on this topic on numerous occasions in recent years,

E.   whereas confidence in international security depends upon steps being taken towards the total elimination of nuclear weapons, in both declared and undeclared nuclear weapon states, in accordance with Article VI of the NPT,

F.   whereas the NPT remains the relevant international law on nuclear disarmament, the enforcement of which needs a road map with a schedule of disarmament steps and deadlines,

G.   whereas Article VI of the NPT imposes the obligation on all States Parties to the Treaty to "pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control",

H.   whereas serious threats to international security include terrorism, the proliferation of weapons of mass destruction and the existence of failed states and organised crime,

I.   deeply concerned about a new era of proliferation with not only governments handing over technology and knowledge, but also individuals and companies,

J.   taking note of the declarations of Professor Abdul Qadeer Khan, the senior Pakistani scientist who admitted leaking nuclear weapons secrets to Iran, Libya, North Korea, Malaysia and Iraq,

K.   seriously concerned about the world black market in nuclear-related materials, which is likely to promote the proliferation of nuclear weapons to non-state actors,

L.   having regard to the new EU strategy against the proliferation of weapons of mass destruction adopted by the European Council in Brussels on 12 December 2003,

1.  Reaffirms its position that the NPT is of vital importance in preventing the proliferation of nuclear weapons and that every effort should therefore be made to implement the Treaty in all its aspects;

2.  Recalls that the EU's objective is the complete elimination of nuclear weapons and expects the declared and undeclared nuclear weapon states to engage actively with this issue and to make further progress towards reducing and eliminating nuclear weapons;

3.  Calls upon the EU and its Member States - in a spirit of "effective multilateralism" and solidarity and in pursuit of the EU strategy against the proliferation of weapons of mass destruction - to form a common front at the NPT Preparatory Committee (NPT PrepCom) and the NPT Review Conference in 2005, and make a positive contribution to the discussions; urges them to attach, in their statements, special importance to new initiatives on nuclear disarmament and the revitalisation of the UN Conference on Disarmament;

4.  Calls upon the Irish Presidency and the Member States to add further substance to their common statement that "the Treaty on the Non-proliferation of Nuclear Weapons (NPT) must be preserved in its integrity";

5.  Calls upon the Irish Presidency to make a statement at the NPT PrepCom in support of the abovementioned EU strategy and of Council Common Position 2003/805/CFSP of 17 November 2003 on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery(1);

6.  Calls upon the EU to work with its international partners to develop and promote the principles to prevent terrorists, or those that harbour them, from gaining access to weapons and materials of mass destruction;

7.  Calls upon the Council and the Commission to use the experience of Euratom to set up a programme aimed at preventing the proliferation of nuclear materials, technology and knowledge in the world;

8.  Calls upon the Irish Presidency and the Member States to add further substance to their common statement by outlining how they aim to achieve their common objective in the EU WMD strategy to "foster the role of the UN Security Council, and enhance expertise in meeting the challenge of proliferation", and specifically how the States party to the NPT might retain the unique verification and inspection experience of UNMOVIC, for example by means of a roster of experts;

9.  Calls upon the Irish Presidency and the Member States to suggest how they can persuade third states to accede to the IAEA Additional Protocols, given the fact that all Member States have signed and ratified these protocols;

10.  Calls upon the Irish Presidency and the Member States to clarify how they might commit themselves to releasing financial resources to support specific projects conducted by multilateral institutions, such as the IAEA;

11.  Calls upon the EU to propose, at the NPT PrepCom meeting in 2004 and at the Review Conference in 2005, that the appropriate subsidiary body on nuclear disarmament be established by the CD without further delay;

12.  Calls upon the EU to develop the necessary coordination mechanisms (the EU's WMD Monitoring Unit in liaison with the EU Situation Centre) to ensure that intelligence is used to build solidarity and confidence between the Member States on WMD policy;

13.  Stresses the importance and urgency of signature and ratification, without delay and without conditions and in accordance with institutional procedures, to achieve the earliest possible entry into force of the Comprehensive Nuclear Test-Ban Treaty (CTBT); calls on the Council and the Commission to insist on this in the dialogue with those State partners which have not yet ratified the CTBT and/or the NPT;

14.  Reiterates its call to the USA to stop the development of new generations of battlefield nuclear weapons (bunkerbusters) and to sign and ratify the CTBT;

15.  Expresses its support for the international Mayors" campaign - initiated by the Mayors of Hiroshima and Nagasaki - on nuclear disarmament;

16.  Calls upon both the Council and the Commission to present a progress report to the European Parliament on the outcome of the NPT PrepCom;

17.  Strongly believes that nuclear disarmament activity will contribute significantly to international security and strategic stability and also reduce the risk of thefts of plutonium by terrorists;

18.  Calls upon all states, and nuclear weapon states in particular, not to provide assistance or encouragement to states which may seek to acquire nuclear weapons or other nuclear explosive devices, in particular those states which are not parties to the NPT;

19.  Recognises the positive moves made by Iran in signing the additional protocol on nuclear material standards and hopes that the Majlis will ratify the text within a reasonable period;

20.  Welcomes Libya's intention to renounce nuclear weapons programmes and to welcome unconditional inspections;

21.  Calls on the EU to work with its international partners to develop and promote a nuclear-free zone in the Middle East;

22.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the UN Secretary-General and all States Parties to the Treaty.

(1) OJ L 302, 20.11.2003, p. 34.

European Parliament resolution on the Commission report "Better Lawmaking 2002" pursuant to Article 9 of the Protocol on the application of the principles of subsidiarity and proportionality (10th report) (COM(2002) 715 – C5-0007/2003 – 2003/2009(INI))

P5_TA(2004)0113 A5-0048/2004

The European Parliament,

–   having regard to the Commission report (COM(2002) 715 – C5-0007/2003),

–   having regard to its resolution of 12 July 1990 on the principle of subsidiarity(1),

–   having regard to its resolution of 16 May 2002 on the division of competences between the European Union and the Member States(2),

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

–   having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0048/2004),

A.   whereas the principle of subsidiarity plays a vital role in establishing the authority of Community legislation and in deciding whether laws should be adopted at European Union level,

B.   whereas the principle of subsidiarity is a crucial element in monitoring the separation of powers between the EU and the Member States and a useful tool for enabling Member States to assume legislative competence,

C.   whereas it is above all a political process,

D.   whereas the dialogue between the institutions needs to be clarified and institutionalised,

E.   whereas, in its previous "Better Lawmaking" reports, the Commission concentrated mainly on examining how it had implemented the principles of subsidiarity and proportionality,

F.   whereas, in its 1998 report, the Commission emphasised the responsibility of the Parliament, the Council and the Member States in applying the principles of subsidiarity and proportionality,

G.   whereas, in its 2002 report, the Commission focused on certain Union policies,

H.   whereas its Rules of Procedure provide for it to review respect for the principles of subsidiarity and proportionality,

1.  Recalls that the principle of subsidiarity aims to ensure that decisions are taken as closely as possible to the Union's citizens;

2.  Is convinced that the principle entails a form of scrutiny as to whether the reach of Community action into the domain of the Member States is justified;

3.  Recalls that the principle of subsidiarity should also serve to encourage Union intervention in sectors which do not fall within its exclusive competence if, and to the extent that, the objectives of the planned action cannot be adequately achieved by the Member States and can therefore be better achieved at Community level;

4.  Stresses that ex-ante and ex-post examination of this multifaceted principle is of utmost importance within the context of the Union dynamics;

5.  Welcomes the work of the Convention on subsidiarity and proportionality;

6.  Supports the early warning system involving national parliaments proposed in the draft Constitution and believes that, where appropriate, the system should be extended to other legislative parliaments and assemblies within the Member States;

7.  Urges the Member States accordingly to adopt procedures that allow national parliaments, and, where appropriate, other legislative parliaments and assemblies within Member States to be involved in the legislative procedure;

8.  Regrets that the 2002 report focused solely on the main policy objectives for 2002;

9.  Emphasises that the relevance of the Commission's choices is also to be examined in the light of other political actions relevant to the application of the principles of subsidiarity and proportionality, and that they should be addressed in future reports;

10.  Recognises that other aspects of lawmaking explored in the report (such as legal drafting, simplification or codification) are also important and interesting, but asks again that the Commission focus more closely on the raison d'être of the report, in order to produce a clear, relevant and meaningful review of how and with what measure of success the principles of subsidiarity and proportionality have been applied by the Community;

11.  Considers that the report's new focus should therefore result in the Commission concentrating on the truly European issues assigned to it by the Treaties and refraining from intervening in fields which are clearly better dealt with by levels of government closer to citizens, while indicating which fields it considers more appropriate for the adoption of laws at national level;

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

(1) OJ C 231, 17.9.1990, p. 163. (2) OJ C 180 E, 31.7.2003, p. 493.

European Parliament resolution on the preparation of the spring summit 2004

P5_TA(2004)0114 B5-0102/2004

The European Parliament,

–   having regard to the conclusions of the Lisbon European Council of 23 and 24 March 2000,

–   having regard to the conclusions of the Nice European Council of 7, 8 and 9 December 2000,

–   having regard to the Commission communication on the social policy agenda (COM(2000) 379),

–   having regard to Rule 37(2) of its Rules of Procedure,

A.   whereas the Lisbon European Council agreed on the strategic goal of making the EU the most competitive and dynamic knowledge-based economy in the world with equal goals of sustainable growth, full employment, reduced poverty and greater social cohesion,

B.   whereas the global downward economic trends, the EU's demographic challenge and the coexistence in the EU of high unemployment and labour shortages require even stronger efforts to implement the Lisbon aim of more and better jobs,

C.   whereas the goals of the Lisbon European Council will be missed if the current trends do not improve to a large extent,

Economic and monetary aspects

1.  Emphasises that the Lisbon and Göteborg strategy is Europe's best comprehensive means to address its economic, demographic, employment and environmental challenges in order to become the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion;

2.  Points to the need for massive investment in renewable energies, energy saving and energy-efficiency measures, which will pay off in the mid-term by reducing Europe's energy bill, increasing security of supply and, not least, producing a "double dividend" of job creation and a better environment with a particular view to combating climate change;

3.  Calls, in the context of the imminent enlargement of the EU and the urgent need for economic recovery in Europe, for:

4.  Urges Member States to include in their fiscal policies an overall strategy based on increased investments in human resources, innovation, research and development, with a special focus on education, skills, lifelong learning, renewable energy and environmentally friendly technology; highlights that this strategy should be undertaken in a context of sustainable public finance; welcomes the European Growth Initiative as a catalyst to speed up the implementation of the Lisbon strategy, and as a long-awaited signal aimed at boosting confidence, and moreover recalls the essential role of private investment to increase productivity, growth and employment;

5.  Is convinced that an intelligent reform of the Stability and Growth Pact is needed to ring Europe's economy more swiftly back into balance;

6.  Underlines the need for concrete measures to implement the Lisbon Strategy and thus

7.  Expresses its concern about the serious democratic deficit found in the current procedures in place for economic and social policy coordination, and as a remedy to this, invites all national parliaments actively to support the Lisbon strategy;

Industrial aspects

8.  Considers that the European Council must put a twin emphasis on employment and on global competitiveness, stressing that competitiveness is not only a matter of cost-cutting by companies but also of ensuring that European industries operate in framework conditions, including better company law and corporate governance, that favour enterprise and adaptability;

9.  Calls on Member States (1%) and the private sector (2%) to increase their investment for the future so as to raise R&D spending to 3% of GNP by 2010; calls on Member States to submit credible national implementation plans, together with initial results by mid-2004;

10.  Calls on the Commission to vigorously pursue infringement proceedings against those Member States which fail to implement EC legislation on time, including the new regulatory framework for electronic communications in all Member States; considers stepped-up implementation necessary for transposition of the e-Europe action plan, not least in order to make broadband networks available at competitive prices;

11.  Approves an approach oriented to fundamental research; approves, consequently, the establishment of a European Research Council and its adequate financing; supports the inclusion of questions of education, training and qualifications in industrial policy;

12.  Calls on Member States, when they introduce necessary reforms in the legal, financial and taxation framework, to do so in ways which will enable SMEs to contribute towards the achievement of the Lisbon objectives and to take stock of the first three years of application of the Charter for Small Enterprises; more generally demands that the commitments made by Member States in the European Charter for Small Enterprises be met without delay; approves the creation of a European Innovation Area by means of, inter alia, regional SME networks; considers it vital to facilitate access to risk capital for SMEs; would like to see the establishment of favourable tax arrangements for the transfer of ownership of SMEs;

13.  Supports a consolidated European approach, based on improving competitiveness, towards high-tech sectors such as civil aeronautics, defence and space (e.g. Galileo), nanotechnology, mobile communications, renewable energy sources, clean coal and health; as regards industrial sectors facing decline, suggests that the Commission should establish criteria for identifying sectors where action will be needed by firms to discover new market opportunities, to manage change and to improve their competitiveness, with the constructive involvement of employees;

14.  Welcomes the deployment of the Structural Funds to assist with infrastructure investments, R&D and innovation; assigns major importance for the operation of the internal market in energy to the completion of trans-European energy networks; considers that the development of combined heat and power systems will assist with opening up the energy market to competition and transposing the commitments assumed in Kyoto;

15.  Calls for accelerated transposition of the European biotechnology strategy; regrets the delayed transposition of Directive 98/44/EC(1) on the legal protection of biotechnological inventions by Member States; calls on the Council to resolve outstanding questions relating to the regulation on the Community Patent without delay;

Employment aspects

16.  Reaffirms the relevance of the Lisbon strategy; sees therefore the need to speed up the implementation of the Lisbon agenda for closer coordination of EU and Member States' economic, employment, social and structural policies and stresses the necessity of structural reforms with a clear roadmap and strict deadlines;

17.  Requests that the Lisbon policy mix be reinforced through concrete measures to boost growth and job creation; welcomes the enhanced synchronisation of the coordination processes but is concerned that the employment and social inclusion elements do not play a prominent role;

18.  Welcomes the simplification of the Employment Guidelines; strongly agrees on the need to raise participation and integration in the labour market, in particular of older workers, vulnerable groups and women through active ageing measures and better work-life balance; calls on the Commission to monitor closely the implementation of the two EU directives to combat discrimination in daily life and in the work place based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation;

19.  Points out that reforms have to result in better jobs, in order to create a knowledge-based economy, and must be achieved in close cooperation with the social partners, without reducing the individual and collective rights of employees; reforms must also ensure a better balance between flexibility and security, for example by a better matching of labour supply and demand and by making work pay; emphasises the need for more public and private investment in human capital, such as higher education, skills and vocational training; expects the political consensus on the economic and social need for life-long learning to be turned into practical measures;

20.  Welcomes the report by the Employment Task Force of November 2003, including its country-specific approach with recommendations for all 25 countries, and underlines its key requirements to boost productivity and employment in Europe; also welcomes the approach in the recent Commission Communication on immigration, integration and employment (COM(2003) 336), which links the Lisbon strategy, the demographic deficit and the need for better managed immigration policies;

21.  Regrets the lack of commitment and political will by Member States and urges the Commission and the Member States to implement the Social Policy Agenda in full, using all the available instruments and respecting the parties responsible and the time frames envisaged; reiterates its calls for specific national targets to implement and monitor Member States' performances in transposing the European strategy; insists on involving parliaments within Member States, the social partners and all relevant actors;

22.  Considers that social dialogue must be fostered and strengthened as a key factor in meeting the EU's social and labour market challenges and as a key part of developing a more proactive macroeconomic dialogue with mutually-supportive economic, social and employment policies;

23.  Welcomes the Commission's intention to focus on the implementation of the social acquis; calls on the Commission to strengthen employment and social policies and tools after EU enlargement, including the monitoring of the implementation of both the acquis and the open coordination methods for employment, social inclusion and social protection, as well as the development of social dialogue; calls on the Commission and the Council to strengthen enforcement and practical implementation of the EU health and safety acquis;

24.  Agrees on the need to remove the legal and administrative obstacles to mobility, but stresses again the need for the Commission to consult the social partners, including in the new Member States, to lay down European minimum standards on labour law and social security for 'permanently' mobile workers, in order to avoid unfair competition based on wages and conditions;

Environmental aspects

25.  Opposes the reduction in the number of indicators by comparison with the list adopted for the purposes of the 2003 Spring European Council and which are drastically reduced in the Commission's Communication on Structural Indicators (COM(2003) 585) to review progress and implementation of the Lisbon and Göteborg strategies, and urges the Council to take into account biodiversity indicators in order to be able to assess the attainment of EU commitments made in Decision No 1600/2002/EC(2) laying down the Sixth Environmental Action Programme (6EAP) to halt biodiversity loss by the year 2010 in the EU, and in the Plan of Implementation adopted at the World Summit on Sustainable Development by 2015 globally; is concerned, moreover, that the plan to establish the indicators for a period of three years does not guarantee sufficient flexibility to take into account new facts, policy revisions (e.g. Sustainable Development Strategy in 2004) or the time that new policies take before an impact can be observed;

26.  Further considers that the use of indicators should be linked, wherever feasible, to clear targets and long-term timetables for the implementation of priority objectives, and should be appropriately coordinated with the 6EAP;

27.  Calls for annual indicators to be established for all areas of activity identified in the Göteborg Sustainable Development Strategy, since that is the only way of measuring the progress made towards the targets laid down in that strategy;

28.  Calls on the Commission, pursuant to the Thematic Strategy on the Sustainable Use of Natural Resources laid down in the 6EAP, to identify and propose the action which must be taken in order to ensure that natural resources are used in an efficient and sustainable fashion; believes that in order to comply with the Göteborg conclusions regarding natural resource use, it is vital that the decoupling of economic growth from increased use of resources be promoted and encouraged to the greatest possible extent, and urges the Council to call on the Commission to ensure that all relevant pieces of legislation provide for maximum efficiency in the use of natural resources;

29.  Recalls Decision No 1600/2002/EC, in which the Commission is called upon to establish a list of subsidies which are incompatible with sustainable development and to put forward, as a matter of urgency, appropriate proposals for eliminating them; regrets that despite the conclusions of the Spring European Council in 2003 Ecofin has not come up with measures to reduce those subsidies that have considerable negative effects on the environment;

30.  Welcomes the Commission's initiative for an annual Environment Policy Review which will also contribute to the preparation of Spring European Councils, expresses its concerns, however, over the proposal on "a new approach to implementation", and reminds the Council that compliance with Community legislation and the appropriate transposition thereof in accordance with the subsidiarity principle are an essential part of the EU's sustainable development strategy;

31.  Calls on the Commission to organise a stakeholder conference on the effectiveness of the Göteborg Sustainable Development Strategy, so as to be able to take stock of the experience gained, and to enable the new Commission to adopt an ambitious strategy for its mandate;

32.  Calls on the European Council to ensure that the EU budget is used to promote sustainability and therefore to carry out Sustainability Impact Assessments on all EU expenditure, including the Common Agricultural Policy, the Structural Funds, and the research programmes in an open and transparent manner;

33.  Stresses that the EU must ensure that the Millennium Development Goals and the Johannesburg commitments are taken into account in its own activities, and further reiterates its demand for the European Council to report back on the implementation of the Johannesburg process in the context of its Spring synthesis report;

34.  Supports the aims of the Johannesburg Renewable Energy Coalition for the promotion of renewable energies; calls on the Commission to initiate the adoption of a calendar for ambitious renewable energy targets within the Coalition;

Final considerations

35.  Invites the 2004 Spring European Council to engage in a real dialogue with the European Parliament to relaunch the Lisbon strategy and therefore calls for the European Parliament's role in preparing the annual Spring European Council to be defined;

36.  Emphasises the need to involve fully the European Parliament so that the open coordination method has greater democratic legitimacy and so that the Lisbon follow-up is not purely intergovernmental;

o
o   o

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

(1) OJ L 213, 30.7.1998, p. 13. (2) OJ L 242, 10.9.2002, p. 1.

European Parliament resolution on the failure to consult Parliament in connection with the TEN Quick Start projects

P5_TA(2004)0115 B5-0103/2004

The European Parliament,

–   having regard to Rule 42(5) of its Rules of Procedure,

1.  Disapproves of the Council's having developed a so-called Quick Start Programme on trans-European transport priority projects without consulting the European Parliament;

2.  Recalls in the strongest terms that the determination of priority projects in Annex III of Decision No 1692/96/EC of 23 July 1996 of the European Parliament and of the Council on Community guidelines for the development of the trans-European transport network(1) is governed solely by the codecision procedure between Parliament and the Council in accordance with Article 251 of the Treaty;

3.  Stresses that any arbitrary setting of priorities with regard to priority projects listed in Annex III is inadmissible and that the timing or funding of the individual projects within Annex III depends solely on the prescribed criteria, such as each project's state of maturity in planning, funding and construction terms;

4.  Demands that it be regularly informed about the progress of these projects relating to Annex III as well as their financing;

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

(1) OJ L 228, 9.9.1996, p. 1. Decision as amended by Decision No 1346/2001/EC (OJ L 185, 6.7.2001, p. 1).

European Parliament resolution on the situation of the European economy, report on the broad guidelines for economic policies (2003/2135(INI))

P5_TA(2004)0116 A5-0045/2004

The European Parliament,

–   having regard to the Presidency conclusions of the Lisbon European Council of 23 and 24 March 2000, the Gothenborg European Council of 15 and 16 June 2001 and the Barcelona European Council of 15 and 16 March 2003,

–   having regard to the Commission Recommendation on the Broad Guidelines of the Economic Policies of the Member States and the Community (for the 2003 - 2005 period), (COM(2003) 170),

–   having regard to the Presidency conclusions of the Brussels European Councils of 20 and 21 March and of 16 and 17 October 2003,

–   having regard to the Communication from the Commission "A European Initiative for Growth, Investing in Networks and Knowledge for Growth and Jobs" Final Report to the European Council, (COM(2003) 690),

–   having regard to the conclusions of the Council for Economic and Financial Affairs of 25 November 2003,

–   having regard to the hearing on the Report of an Independent High-Level Study Group established on the initiative of the President of the Commission and chaired by André Sapir in the Economic and Monetary Committee on 4 November 2003,

–   having regard to the Final report of the Centre for European Policy Studies of 27 November 2003,

–   having regard to the Economic Forecasts Autumn 2003(1),

–   having regard to the Communication from the Commission "Investing in research: an action plan for Europe" (COM(2003) 226),

–   having regard to the Communication from the Commission "More Research for Europe, towards 3% of GDP" (COM(2002) 499),

–   having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on "Innovation policy: updating the Union's approach in the context of the Lisbon strategy" (COM(2003) 112),

–   having regard to the Proposal for a Decision of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network (COM(2003) 564),

–   having regard to its resolutions of 12 March 2003 on the state of the European economy - preparatory report with a view to the Commission recommendation on Broad Economic Policy Guidelines(2) and of 15 May 2003 on the Commission recommendation on the Broad Guidelines of the Economic Policies of the Member States and the Community (for the 2003-2005 period)(3) and to its resolution of 23 October 2003 on the outcome of the European Council meeting held in Brussels on 16-17 October 2003(4),

–   having regard to the opinion of the European Economic and Social Committee on the Assessment of the experiences gathered by the EESC to evaluate the economic, social and employment impact of structural reforms in the EU (ECO/109, CESE 1406/2003),

–   having regard to the report from Commission to the Spring European Council "Delivering Lisbon, Reforms for the Enlarged Union" (COM(2004) 29),

–   having regard to the Communication from the Commission to the Council "Joint Employment Report 2003/2004" (COM(2004) 24),

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

–   having regard to the report of the Committee on Economic and Monetary Affairs (A5-0045/2004),

A.   whereas, due to the lack of structural reforms in most Member States, the GDP growth rate for the euro zone has been continuously decreasing, leaving Europe's economy on the brink of stagnation (from 3.5% of GDP in 2000 to 1.5% in 2001, 0.9% in 2002 and 0.4% in 2003),

B.   whereas an upturn in the European economy is to be expected in 2004,

C.   whereas employment prospects have deteriorated in 2003, increasing the unemployment rate to 8.9% in the euro area and to 8,1% in the EU as a whole, about 0,5 pps higher than in 2002,

D.   whereas the percentage of persons at risk of poverty at EU level remains at a very high level of 15%, and would amount to 23% without social transfers and to as much as 27% in the accession countries; whereas income inequalities will drastically increase with enlargement,

E.   whereas, due to the economic stagnation, social expenditure has increased on average by 1.5% of GDP in the EU since 2000, resulting in greater pressure on public finances; whereas tax on labour accounts for more than 50% of total tax revenues creating an impediment to employment growth,

F.   whereas both public and private investment across the European Union have fallen in recent years, with this downward trend persisting in 2003, and whereas better background conditions for increased competitiveness are necessary in order to stimulate private investment;

G.   whereas the dramatic decline of venture capital investments relative to GDP from 0.07% to 0.029% in 2002 is causing major difficulties for research-intensive SMEs, and whereas there is a growing concentration of transnational R&D expenditures of EU firms in the US, combined with an increase in the 'brain drain' phenomenon,

H.   whereas Europe is far behind its main competitors in investments in the future, such as research and development and human resources, and is under-performing in innovation; whereas R&D spending for acceding countries averages well below 1% of GDP and represents an obstacle to real convergence and integration into a knowledge-based economy,

I.   whereas there are no signs of any substantial increase in overall investment in human resources and whereas human capital accounts for 22% of observed productivity growth; whereas raising the average level of education of the population by one year represents a 5% increase in growth in the short term and a further 2.5% in the long run,

J.   whereas Europe shows a gap with the US of 13% of population to have completed higher education, and whereas the EU invests only 1.1% of GDP in tertiary education as compared to 3% in the US, with more than half coming from the private sector,

K.   whereas levels of school failure and of social exclusion are excessively high, with almost 20% of young people aged 18 - 24 in the EU prematurely dropping out of school in 2002, and whereas the quality and attractiveness of vocational training and life-long learning are not up to the new requirements of the knowledge-based economy and the urgent need to increase labour market participation in view of our ageing society,

L.   whereas investment needs in acceding countries, especially in the area of transport networks and environment, remain high considering the poor quality of public infrastructure which is often ill-suited to the needs and standards of market economies,

M.   whereas at the Lisbon European Council, the Union has set itself the goal of becoming the most competitive and dynamic knowledge-based economy in the world by 2010, capable of sustainable economic growth with more and better jobs and greater social cohesion; whereas four years will soon have elapsed without any remarkable progress having been made before the 2004 Spring European Council,

Improving economic governance

1.  Regrets that the impetus given by the Lisbon European Council in achieving sustainable growth, full employment and social inclusion, has been lost due to delays in the implementation of the Lisbon strategy which remains the Union's most comprehensive strategy to undertake economic and structural reforms, growth-oriented strategies for achieving greater competitiveness and promoting full employment, and to respond to environmental challenges and guarantee the viability of the European social model;

2.  Endorses the calls made in its abovementioned resolution of 12 March 2003, and in particular its calls for a reformed labour market, with a balance between flexibility and security, the swift introduction of structural reforms and responsible management of the Stability and Growth Pact;

3.  Recalls the democratic deficit in economic policy governance and therefore calls on the 2004 Spring European Council to include not only the European Parliament, but all national parliaments in the Lisbon Strategy process, and for debates on this matter in all national parliaments before the Spring European Council; calls for the involvement of social partners and civil society at all levels of the Lisbon strategy to increase political involvement and commitment to the strategy;

4.  Calls upon Member States and accession countries to engage in a coordinated strategy for structural reforms, as laid down in the Lisbon agenda;

5.  Encourages improvements in economic policy coordination such as a more active display of the moral authority of the Commission, giving an early warning when Member States risk failing to provide for a budget surplus, or even jeopardising their budgetary stability, in periods of strong growth;

6.  Expresses its concern about the growing gap between the aims and targets set at the Lisbon European Council and the existing broad economic policy guidelines (BEPGs); insists on an increase in the coherence and consistency between the Lisbon strategy, the Growth Initiative, the 2003 - 2005 BEPGs, as well as the 2003 - 2005 European employment guidelines (EEGs), and asks for these instruments to be fully and promptly implemented at national and local level;

7.  Notes with regret the lack of cooperation and coordination in all fields of the Lisbon strategy; calls for greater streamlining of the different instruments so as to aim for innovation, growth, sustainability and social cohesion; stresses, in this connection, the importance of an integrated strategy to improve competitiveness;

8.  Calls on the Member States to implement the requisite structural reforms and political measures with a view to creating, in line with the principle of better law-making, a business climate conducive to entrepreneurial enterprise, innovation and industrial competitiveness, and endorses in this connection the conclusions of the Competitiveness Council of 26 to 27 November 2003;

9.  Calls on the Commission to further improve its methods of applying prospective impact analysis to draft legislation and, in particular, to examine the repercussions of legislative proposals which in a number of cases may impede competitiveness of the European economy; notes, in this context, that over-regulation is an obstacle to the European economy making up lost ground and can lead to further below-average productivity growth;

10.  Stresses that a functioning internal market is a prerequisite for economic success and social wellbeing in Europe; calls on the Member States to implement consistently the European legislation intended to remove obstacles in the internal market as well as fiscal obstacles;

11.  Welcomes the growth initiative as a long-expected signal of economic governance in order to boost confidence and express commitment to the Lisbon strategy, establishing a partnership for investment in networks, research and innovation; however, regrets the lack of initiatives in the field of environmentally friendly technologies and renewable energy, and notes with great concern that investment measures in human capital have been omitted;

12.  Stresses that coordinated measures are needed to fight tax fraud and unfair tax competition; suggests, as an additional means to finance investments in growth, to improve the collection of public revenues, focusing on the widespread problem of tax fraud, which deprives Member States of considerable fiscal resources; calls on the Commission to work with Member States to establish a cooperation and benchmarking system to combat tax fraud, particularly in areas such as VAT (in trade between Member States);

Investments in the Future: employment policy, human resources, skills strategy, research and development and social service society

13.  Considers investment in human capital to be a determining factor for growth, productivity and competitiveness, and a precondition for the knowledge-based society and its economy; in addition, believes that it is crucial for technological change and innovation, a key instrument to increase employment participation and the quality of jobs, equal opportunities and social cohesion; encourages more emphasis to be given to improving quality in work which goes hand in hand with progress towards full employment, higher productivity growth and better social cohesion and is one of the three overarching objectives in the Employment Guidelines for the period 2003 -2005 and points at the relevance of the ten specific guidelines supporting these objectives, notably those on lifelong learning, gender equality, adaptability, making work pay, inclusion and undeclared work;

14.  Encourages Member States to cut down the drop-out rate at school, to improve the quality and attractiveness of vocational training and to increase the share of the population to have completed secondary, post-secondary and tertiary education by 2010; calls on Member States to create incentives for the private sector to invest in the life-long learning for their employees, with particular attention to the possibilities and needs of SMEs; stresses, in this connection, the shared responsibility of, and the need for greater commitment to be demonstrated by, Member States, employers and employees themselves, in order to translate the concept of life-long learning into reality; emphasises that the recognition of informally acquired skills must be improved in the case of small businesses;

15.  Calls upon the Union to integrate a skills strategy into the growth initiative and calls for the establishment of a European area of knowledge and skills, identifying best practice in matching education, life-long learning and pension systems; calls for the establishment of a common European references framework (Europass) with principles, criteria and key indicators for quality assurance and validation of formal and informal learning to improve quality and mobility;

16.  Agrees on the need to remove the existing legal and administrative obstacles to mobility, but stresses again the need for the Commission to initiate a dialogue with the social partners including those of the new Member States, in order to avoid unfair competition in wages and conditions;

17.  Recommends focusing the skills and employment strategy particularly on women - to increase the proportion of women specialising in science and technology - older workers, immigrants and new entrants to the labour market; encourages investment in, and development of, a social service society to increase employment participation and better to reconcile working and family life for men and women; calls on Member States to speed up the realisation of the target set at the Barcelona European Council of 15 and 16 March 2003 to provide childcare by 2010 to at least 90% of children between 3 years of age and the mandatory school age, and at least 33% of children under 3 years of age in order to react to the challenge of the ageing and knowledge-based society and economy;

18.  Notes with great concern the decline in investment in the knowledge-based economy, the increase in the R&D investment gap between the EU and the US, in the 'brain drain' phenomenon and in the concentration of EU firms' transnational R&D expenditure in the USA, indicating that the EU is becoming less attractive as a location for R&D for industry, and the dramatic decline of risk capital activity; calls on the Member States to increase the number and attractiveness of research positions and improve the career development for researchers in order to prevent the 'brain drain' to the US;

19.  Calls for an urgent mobilisation of private-sector investment for R&D with a special focus on seed and start-up venture capital for microenterprises and SMEs;

20.  Encourages the improvement of framework conditions for R&D in Europe such as more research and innovation-friendly state aid and public procurement rules, the setting-up of a legal framework for public - private partnerships, adequate intellectual property rights systems and highly qualified, adaptable and mobile human resources; calls for a strong public research base with links with industry in the context of EU regional and cohesion policies and of the financial instruments targeted particularly at the accession countries; calls for the realisation of a European research area; encourages the opening-up of national R&D systems and programmes to transnational collaboration;

21.  Notes with concern that Europe has lost its advance in environmentally friendly technologies and renewable energies in the past years; recalls the strategy for sustainable development set at the Gothenburg European Council of 15 and 16 June 2001 and demands that it be put at the centre of a coherent industrial policy, favouring the introduction of new and environmentally friendly technologies such as nano- and bio- communication, and other clean technologies, in particular in the field of energy, investments in greenhouse mitigation measures and transport; supports, in particular, their wider use and those projects aimed at transforming research into economically viable innovation, acknowledging their growth potential;

22.  Stresses the importance of reducing Europe's dependence on oil imports, which constitutes a heavy burden from the political and price volatility point of view; welcomes technology platforms such as the European Partnership for a Hydrogen Economy; encourages further investment in the most cost-effective forms of renewable energy, which will reduce the volatility of the cost per unit of energy, increase the security of energy supply, be less harmful to the environment, and potentially trigger an industrial revolution similar to the IT-led industrial revolution in the US;

23.  Calls for an intensified public-private partnership with particular support for SMEs, and the development of a coherent industrial policy; supports measures to establish and keep the R&D centres of industry within the EU; encourages an increase of public financial support to business R&D; calls for intensified co-operation between public research institutions and industry, with a special focus on SMEs, a stronger participation of industry in the determination of priorities for public research, but also a substantial increase of private sector financial contribution thereto; supports the promotion of technology transfer of publicly-funded or public-privately funded research to industry and spin-off creation; strongly welcomes networks of excellence, public-private R&D partnerships, business incubators and clusters leading to knowledge transfer and commercialisation of R&D results; calls on the EIB to develop new funding arrangements to foster the development and market introduction of new technologies, including grouped loans for specific research activities, technology platforms, and simplified lending procedures for midsized firms;

24.  Welcomes the increased role and proposed initiatives of the EIB and EIF in this context and calls for the full use of the loan facilities of the EIB institutions;

25.  Recommends, in particular, that the existing margin for manoeuvre offered within the current Financial Perspectives be used now, by taking full advantage of the EU budget and European funds, in particular structural funds, to better reflect and implement the Lisbon strategy;

26.  Instructs its President to forward this resolution to the Council and the Commission, the European Economic and Social Committee and the governments and parliaments of the Member States and the social partners.

(1) To be published as European Economy n° 5/2003 (2) P5_TA(2003)0089. (3) P5_TA(2003)0222. (4) P5_TA(2003)0459.

European Parliament resolution on the communication from the Commission to the Council and the European Parliament on public finances in EMU – 2003 (COM(2003) 283 – C5–0377/2003 – 2003/2151(INI))

P5_TA(2004)0117 A5-0044/2004

The European Parliament,

–   having regard to the communication from the Commission (COM(2003) 283 - C5–0377/2003),

–   having regard to its resolution of 12 March 2003 on the communication from the Commission on public finances in EMU - 2002(1),

–   having regard to the communication from the Commission to the Council and the European Parliament entitled "Strengthening the co-ordination of budgetary policies" (COM(2002) 668),

–   having regard to the communication from the Commission to the Council and the European Parliament on structural indicators (COM(2002) 551),

–   having regard to Council Decision 2002/923/EC of 5 November 2002 on the existence of an excessive deficit in Portugal and the adoption of a recommendation of necessary measures to combat the deficit(2),

–   having regard to Council Decision 2003/89/EC of 21 January 2003 on the existence of an excessive deficit in Germany and the adoption of a recommendation of necessary measures to combat the deficit(3),

–   having regard to Council Decision 2003/487/EC of 3 June 2003 on the existence of an excessive deficit in France and the adoption of a recommendation of necessary measures to combat the deficit(4),

–   having regard to the Commission recommendation of 8 October 2003 to the Council to adopt a decision that France has taken no effective action in response to the recommendation made by the Council pursuant to Article 104(7) of the EC Treaty within the period laid down in that Recommendation,

–   having regard to the July 2003 report entitled "An Agenda for a Growing Europe" by a high-level group established on the initiative of the President of the Commission and chaired by André Sapir,

–   having regard to the Presidency Conclusions adopted by the European Council in Lisbon on 24 March 2000 and in Gothenburg on 15 and 16 June 2001, with particular reference to the strategy agreed on with respect to economic growth, full employment, sustainable development and social cohesion,

–   having regard to the Presidency Conclusions adopted by the European Council in Stockholm on 23 and 24 March 2001 and in Barcelona on 15 and 16 March 2002, with particular reference to the "Stability and Growth Pact" and the budgetary challenges, including the quality of public finances in the light of demographic change,

–   having regard to the conclusions of the Italian Presidency adopted by the European Council in Brussels on 16 and 17 October 2003, with particular reference to the "Growth Initiative",

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

–   having regard to the report of the Committee on Economic and Monetary Affairs (A5-0044/2004),

A.   whereas at the end of 2003 the economic recovery heralded by the Commission in its previous economic forecasts had yet to materialise; whereas due, inter alia, to a lack of structural reforms in many Member States, the GDP growth rate for the euro zone fell once again in 2003, shrinking from 3.5% in 2000 to 1.5% in 2001, 0.9% in 2002 and 0.5% in 2003 and leaving Europe's economy on the brink of stagnation,

B.   whereas public and private investment alike across the European Union as a whole has fallen sharply by 2.4%, thereby further weakening growth,

C.   whereas geopolitical events such as the war in Iraq and SARS have been particularly damaging to confidence in the economy and growth in Europe,

D.   whereas the appreciation of the euro against the dollar could entail risks in the medium-term for the competitiveness of the European economy and exports in particular,

E.   whereas in 2002 the euro-zone budget deficit rose to 2.2% of GDP from 1.6% in 2001 and 1.1% in 2000 and is likely to approach 3% of GDP in 2003,

F.   whereas at the end of 2002 only four countries in the euro zone – together accounting for a mere 18% or so of the euro-zone GDP – had reached a close-to-balance position and whereas, conversely, three countries had exceeded the figure of 3% of GDP,

G.   whereas three excessive deficit procedures have been initiated to date against Portugal, France and Germany,

On the current state of public finances in the Member States

1.  Notes that, in the Commission's view, the economic cycle is only partly to blame for the higher nominal deficits, which are in fact largely the result of a discretionary loosening of budgetary policy on the part of some Member States;

2.  Notes that, pursuant to Article 104(8) of the EC Treaty, on 8 October 2003 the Commission recommended to the Council that it take note of France's failure to introduce specific measures to reduce its public deficit to less than 3% of GDP in 2004;

3.  Notes that the French Government has taken a first step in implementing structural reforms (pensions reform, the implementation of social security reform), which should be highly beneficial to public finances in the long term but will not reduce the budget deficit in the immediate future;

4.  Calls, therefore, on the Commission to put forward the necessary adjustments for a more intelligent application of the Stability and Growth Pact in line with the Lisbon objectives;

5.  Emphasises the importance of introducing structural reform packages which in the medium and long term will prove crucial for financial sustainability, for the competitiveness of the European economy and for growth;

6.  Congratulates the Commission on the progress achieved in defining methods for improving the EU budgetary surveillance framework, both by including the applicant countries in the framework and by improving the procedure whereby budget statistics are drawn up;

On the accession countries

7.  Notes that the management of economic change in the countries of central and eastern Europe has in some accession countries had a heavy impact on their deficit and public debt levels;

8.  Urges the accession countries to reduce their deficit levels significantly to below 3% of GDP to ensure fiscal and price stability in an enlarged European Union; recalls that entry to EMU is subject to the four convergence criteria set out in Article 121(1) of the EC Treaty and the protocol relating to that provision;

9.  Urges the accession countries to speed up reform of their public finances by reallocating resources as a further move towards ensuring the genuine convergence of their economies and to focus in particular on the modernisation of their pensions and social benefits systems in support of an effective employment policy;

10.  Emphasises the need for continuous improvements in fiscal administration and the establishment of an effective tax collection system;

On potential proposals

11.  Reminds the Member States of the commitment which they gave in the Stability and Growth Pact to bring budgets 'close to balance or in surplus'; emphasises the importance of balanced budgets and price stability as prerequisites for sustainable growth;

12.  Reiterates its call for a clear method that includes a definition of "high-quality public spending" to quantify public budgetary positions and their contribution to growth and investment with a view to making a positive contribution to achieving the Lisbon goals;

13.  Welcomes the Commission proposal on the list of structural indicators and calls on the Commission to establish a precise definition of structural deficit;

14.  Welcomes the proposals of the Italian Presidency and of the French and German Governments to promote initiatives for growth in Europe; considers that these proposals should be more clearly reflected in the Council conclusions on the European Initiative for Growth; emphasises that the best way for Europe to cope with the challenges of an innovation-based global economy is by investing in human resources through secondary and life-long learning; insists on the need for more ambitious investment activities to increase the employment rate, improve education and life-long learning and help develop clean and environmentally-friendly technologies;

15.  Congratulates the Italian Presidency on its initiatives for growth in Europe, and calls on future presidencies of the Union and the Council to pursue this route by working towards a genuine internal growth strategy for the European economy;

16.  Considers, however, that a real boost to the European Union's productivity and economic potential requires an increase in budgetary allocations at European and national level in order to support more effective pan-European investment;

17.  Is of the opinion that, in the interests of boosting public and private investment, it is most important to exceed the current pan-European public spending limit of 0.8 % of GDP, insisting that there is room for manoeuvre in spending between 1% and 1.27% of GDP 2004-2006 in line with the present financial perspective 2000-2006 and the Lisbon objectives as well as with the promotion of private investment activities; furthermore calls for public expenditure to be redirected in such a way as to ensure that the various budget headings at European and national level reflect the major political priorities set for 2010;

18.  Is of the opinion that a mid-term evaluation of the European Action for Growth initiative should be submitted to both the European Council and the European Parliament by 2006 so that the necessary conclusions can be drawn concerning the new Financial Perspective 2007-2011 and the new funding period of the EU Structural Funds; calls for the European Parliament to be fully involved in the mid-term evaluation of the Action for Growth initiative and calls on the European Investment Bank to report to the European Parliament on its preparatory work as soon as possible; requests, in addition, that regions which have to date been beneficiaries of the structural funds continue to be eligible following enlargement, on the basis of new parameters;

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19.  Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the Committee of the Regions and the parliaments of the Member States.

(1) P5_TA(2003)0092. (2) OJ L 322, 27.11.2002, p. 30. (3) OJ L 34, 11.2.2003, p. 16. (4) OJ L 165, 3.7.2003, p. 29.

European Parliament resolution on the guidelines for Sections II, IV, V, VI, VII, VIII (A) and VIII (B) and on the European Parliament's preliminary draft estimates (Section I) for the 2005 budgetary procedure (2004/2002(BUD))

P5_TA(2004)0118 A5-0062/2004

The European Parliament,

–   having regard to Article 272 of the EC Treaty,

–   having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(1),

–   having regard to the general budget of the European Union for the financial year 2004(2),

–   having regard to the annual report of the Court of Auditors for the 2002 financial year on the activities financed from that budget, together with the institutions' replies(3),

–   having regard to the report of the Committee on Budgets and the opinion of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0062/2004),

A.   whereas the technical adjustment of the financial perspective projects a figure of EUR 6 185 million at current prices for heading 5 (Administrative expenditure) in the 2005 budget(4),

Political priorities
European Union of 25 Member States

1.  Recalls that the financial year 2005 will be the first full budgetary year for the European Union of 25 Member States; recalls that the year 2005 will be the first full year of activity for the newly-elected European Parliament, the newly-appointed Commission, the new Members of the Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions and the European Data Protection Supervisor; recalls that the 2005 budget will be first full year of implementation of the new Staff Regulations;

2.  Underlines the importance of satisfying the needs of the enlarged Union despite the existing financial constraints; calls on the institutions to apply sound financial management and budgetary rigour, and to ensure value for money for the European taxpayer;

General framework

3.  Takes note of the financial constraints foreseen for heading 5 in 2005; underlines the fact that the technical adjustment reduces the ceiling of the financial perspectives of heading 5 for 2005 by EUR -94 million at current prices;

4.  Is looking forward to the new report on the developments in heading 5 by the Secretaries General envisaged for February 2004, proposing a new financial programming for 2005-2006 to take into account the new financial limitations of heading 5; invites the institutions, taking into account the budgetary constraints and uncertainties relating to the 2005 budget, to present realistic requests corresponding to their real needs in the 2005 estimates;

5.  Takes note of the efforts made so far by the institutions to respond to the challenges of the enlargement; recalls that the amount of staff in most of the institutions has been increasing rapidly to cater for the needs of the enlargement; considers that the main bulk of the additional needs related to the enlargement are covered in the 2002-2004 budgets, albeit that a number of measures remain to be taken;

6.  Regrets the delays in the selection procedures organised by the European Personnel Selection Office (EPSO), which may not allow the institutions to fill all the posts granted by the budgetary authority in the 2004 budget; considers it essential to make a thorough assessment of the recruitment situation in view of the 2005 budget; reiterates its view that all staff requests have to be based on real needs and realistic recruitment estimations;

7.  Estimates that the financial impact of expanding the institutions' premises will occur mainly after 2005; calls on the institutions to provide an update on their building projects including information on the increase in the number of offices due to enlargement;

8.  Takes the view that the reform of the institutions continues to be one of the key issues for the 2005 budgetary procedure; calls on the institutions to continue their administrative reforms to improve their management and modernise staff policy; expects all institutions to increase efficiency by rationalising their working methods, making better use of modern technology, defining negative priorities (activities that can be discontinued or re-organised) and focusing more on the core activities;

9.  Calls on the institutions to analyse their budgetary structures while making the adjustments required by the new Staff Regulations, and to ensure that activity-based presentation is attached to the draft estimates in order to enhance transparency;

10.  Encourages inter-institutional co-operation in order to reduce costs and increase value for money while ensuring the institutional independence of each institution; welcomes the establishment of inter-institutional offices, such as the European Personnel Selection Office, as well as the setting-up of the Commission's administrative offices (Paymaster's Office, Infrastructure Offices in Brussels and Luxembourg); is of the opinion that further co-operation between linguistic services could be envisaged;

11.  Points out that, due to the budgetary constraints in 2005, new entities may have to be delayed unless savings are made by launching such bodies;

12.  Welcomes the Commission communication on building policy and infrastructures in Brussels (COM(2003)755); invites the other institutions to encourage greater use of public transport and alternative means of transportation, and to update their mobility plans; points out that certain concrete measures can be taken promptly, such as providing information via the Intranet on sustainable mobility connections;

13.  Stresses that the conditions for the environmental permit and the commitments entered into by SEL to provide new or renovated housing for the inhabitants of the district must be complied with;

Parliament (Section I)

14.  Is aware of the several uncertainties relating to the setting-up of Parliament's budget for 2005, such as the current lack of agreement on a Member's Statute, the actual outcome of the enlargement-related recruitments in 2004, and developments of several building projects; therefore reserves at this stage its position regarding the self-imposed limit of 20% of the expenditure under heading 5;

15.  Awaits the results of the study on EMAS and invites its competent bodies to explore practical ways of including social and environmental criteria in its procurement policy, learning from the experiences of other organisations, cities and local authorities;

16.  Regrets that the Member States have not been able to agree on a Members' Statute and hopes that progress can be made in this regard during 2004;

17.  Expresses its continued support for the adoption of a Statute of Members' assistants;

18.  Follows closely the developments relating to the European political parties and considers that, in principle, this expenditure should remain outside Parliament's self-imposed ceiling of 20% of heading 5 as it does not fall within the ambit of the administrative expenditure of the institution; is prepared, however, to look at the possibility of financing this expenditure within the 20% ceiling in view of the budgetary constraints for the year 2005;

19.  Awaits from its Bureau's Steering Group on Enlargement the updated realistic estimates on the remaining needs for the enlargement; regrets the delays in recruitment procedures for staff from the new Member States and the difficulties encountered in recruiting especially linguistic staff from certain new Member States, which create uncertainties regarding the rate at which new posts can be filled in 2004; considers, therefore, that a decision on making appropriations available for additional enlargement-related staff can only be taken at the first reading of the 2005 budget;

20.  Considers that a mid-term plan for building projects is necessary in order to define the level of Parliament's budget in 2005 with a view to possible capital injections needed to pursue the property policy;

21.  Is determined, as the driving force behind the movement to set up a WTO Parliamentary Assembly, to ensure that sufficient appropriations become available to provide for the adequate participation, with the necessary infrastructure, of its delegations in all meetings of or leading up to such an assembly;

Assistance to Members

22.  Calls on its Bureau to assess the pilot project on expertise budgets on the basis of the experience gained by the Committees concerned; takes the view that in the light of the results of the pilot project, the Bureau should consider adopting modalities, including clear and objective criteria, for the possible future allocation of research funding to parliamentary committees;

23.  Requests its Secretary General to submit a report by 1 September 2004 on all aspects of the "Raising the Game" reform;

Multilingualism

24.  Looks forward to its Bureau's Code of Conduct on multilingualism; stresses the importance of multilingualism in a Parliament of 21 languages, in order to ensure provision of the necessary translation and interpretation services for its Members, while keeping the costs of the language regime proportionate to the benefits thereof;

25.  Points to its call for the diversity of the European Union, which enlargement will increase still further, to be made visible as part of Parliament's image; expects what the working group on visible multilingualism has produced to be put into practice promptly in the interests of Members, visitors and media representatives;

Information policy and new technologies

26.  Underlines the importance of web-publishing in disseminating information, including internet broadcasting of plenary sittings; considers that its internet site "Europarl" is crucial in bringing the Parliament closer to its electorate;

27.  Encourages its parliamentary bodies and its administration to make greater use of video-conferencing, when appropriate; notes that wireless computer access is already in place in several national parliaments; points out that offering possibilities for remote access to Parliament's network for both Members and staff would increase efficiency and accessibility;

Staff policy

28.  Requests its Secretary General to submit a report by 1 September 2004 on the effects of the new Staff Regulations on Parliament's staff evaluation and promotion policy as well as an evaluation of the mobility policy;

Security

29.  Notes its Bureau's proposals on security strategy; stresses the need to target and manage efficiently the human and material resources available for enhancing security;

Car Service

30.  Underlines the need to re-evaluate the functioning of the car service to Members so as to guarantee value for money;

Council (Section II)

31.  Invites the Council to consider presenting its estimates with the PDB instead of at first reading, so as to increase transparency; continues to monitor the Council's operating budget, while respecting the gentlemen's agreement as regards the administrative expenditure;

Court of Justice (Section IV)

32.  Notes that the Court of Justice has experienced in the last couple of years higher growth rates in staff than most other institutions; recalls that the Court of Justice continues to implement full multilingualism;

Court of Auditors (Section V)

33.  Recalls that the Court of Auditors has spread its enlargement-related staff increase over the 2004 and 2005 budgets;

Economic and Social Committee (Section VI) and Committee of the Regions (Section VII)

34.  Calls on the two committees to pursue budgetary rigour in their estimates, especially as regards staffing requests and building projects, and to improve the cooperation between them as regards the joint services, so as to benefit fully from the new joint premises; expects that the move to the Belliard building and the vacation of the current buildings will take place as planned;

Ombudsman (Section VIII A)

35.  Is aware that the Ombudsman has to be able to handle complaints from citizens in all EU languages;

European Data Protection Supervisor (Section VIII B)

36.  Welcomes the appointment of the European Data Protection Supervisor (EDPS) and his deputy; expects that the appropropriations for the EDPS will be included in the PDB for 2005;

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37.  Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions, the European Ombudsman and the European Data Protection Supervisor.

(1) OJ C 172, 18.6.1999, p. 1. (2) 2 OJ L 53, 23.2.2004. (3) 3 OJ C 286, 28.11.2003, p.1. (4) 4 Calculated net of staff contributions to the pension scheme (EUR 175 million at 2005 prices).

European Parliament resolution on the Communication from the Commission to the Council: Follow-up to the White Paper on a New Impetus for European Youth - Proposed common objectives for the participation and information of young people, in response to the Council Resolution of 27 June 2002 regarding the framework of European cooperation in the youth field (COM(2003) 184 – C5-0404/2003 – 2003/2127(INI))

P5_TA(2004)0119 A5-0081/2004

The European Parliament,

–   having regard to the Commission Communication (COM(2003) 184 - C5-0404/2003),

–   having regard to Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing the 'Youth' Community action programme(1),

–   having regard to the conclusions of the Education and Youth Council of 14 February 2002 welcoming the White Paper as a starting point for the creation of a framework of cooperation on youth policy in Europe,

–   having regard to its resolution of 14 May 2002 on the Commission White Paper "A New Impetus for European Youth"(2),

–   having regard to the Resolution of the Council and of the representatives of the Governments of the Member States, meeting with the council of 27 June 2002 regarding the framework of European cooperation in the youth field(3),

–   having regard to the Council Resolution of 25 November 2003 on common objectives for participation by and information for young people(4),

–   having regard to the Commission White Paper of 21 November 2001 entitled 'A New Impetus for European Youth', which proposed a new framework for youth policy cooperation in Europe (COM (2001) 681),

–   having regard to Article 149 of the EC Treaty,

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

–   having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0081/2004),

A.   whereas formulation of the common objectives followed on from an unprecedented consultation process involving young people, youth organisations, researchers in the youth field and political representatives at regional, national and European level,

B.   whereas young people must be seen as equal partners in this consultation process, and young people who do not belong to an organisation and, in particular, groups of disadvantaged young people must not be excluded from it,

C.   whereas the open method of coordination is to be used for the objectives of participation and information,

D.   whereas young people are becoming less and less involved in existing organisational structures, whereas young people must be given an opportunity to involve themselves more in voluntary work, in existing organisations such as political parties and trade unions as well as other social movements and organisations and take part more simply, swiftly and easily in the decision-making processes of public life,

E.   having regard to the positive contribution of voluntary work to the development of active citizenship,

F.   whereas young people must be encouraged to take part in the first European elections of the enlarged EU,

General

1.  Welcomes the Commission's plans for common objectives for participation and information, which make a substantial contribution to setting a new framework for European youth policy;

2.  Welcomes the Council's acceptance of these objectives in its abovementioned Resolution of 25 November 2003 as an important step forward in the political dialogue on youth policy cooperation;

3.  Regrets that the substance of that Resolution does not fully reflect the Commission's original proposals;

Procedural issues and general framework proposals
The open method of coordination

4.  Considers that the Commission's proposed open method of coordination is an appropriate way to achieve better cooperation at European level in the specific area of youth policy, and calls for an interinstitutional agreement to be concluded along these lines, as requested in its resolution of 5 June 2003 on the application of the open method of coordination(5);

Implementation of the objectives

5.  Calls for speedy and unbureaucratic implementation of the action lines to achieve the proposed objectives, with due respect for the principle of subsidiarity as regards the current Member States and the accession countries;

6.  Welcomes the fact that the proposed measures are to be implemented in a decentralised way, observing the principles of transparency and democratic control; considers that visibility should also be a feature of the achievement of the common objectives;

7.  Calls on the Council and the Member States to make specific proposals for regular exchanges of experience and to formulate evaluation criteria so that an objective comparison can be made, taking account of the differing structures in different countries, and to make the necessary financial resources available for this cooperation;

8.  Endorses the demand that, when setting the framework for youth policy and also when implementing the action lines, there must be no discrimination on grounds of gender, race, ethnicity, social background, religion or ideology, disability, age or sexual orientation;

9.  Emphasises that there must be gender equality and that problematic areas for women must be identified and appropriate measures devised to overcome these obstacles;

10.  Welcomes the fact that the draft Treaty establishing a Constitution for Europe(6) refers explicitly to the participation of young people in the democratic life of Europe in Article III-182 and to the creation of a European Voluntary Humanitarian Aid Corps in Article III-223;

11.  Is convinced that the guidelines announced in the White Paper should be developed without delay and therefore calls on the Commission to develop jointly with the European Parliament and the Council specific mechanisms and structural prerequisites in order to take greater account of the concerns of young people in other Community policies;

Participation

12.  Endorses the Commission's basic approach of consulting international youth organisations, which should be adopted increasingly in developing open coordination in the youth policy area, and calls also for national youth councils to be consulted likewise;

13.  Calls on the Member States, using the bottom-up principle, to identify opportunities for young people to participate in decision-making at local, regional and national level, to find effective ways for young people's views to be heard and to make the results of this participation visible to the general public and to young people themselves;

14.  Is convinced that a high level of participation of young people in the decision-making process in the area of youth policy is needed to increase the effectiveness of young people at all levels of decision making;

15.  Calls on the Member States to improve and strengthen existing frameworks and structures at local level (town youth groups, national and regional youth councils) and/or to create new ones to make it possible to coordinate youth work and youth policy and directly involve young people;

16.  Points out that existing youth organisations and networks in the area of youth work should be recognised and reinforced so that synergy is fully exploited and ongoing dialogue becomes routine;

17.  Is convinced that autonomy and best practice mechanisms help to strengthen the European dimension of youth work;

18.  Calls on the Member States, when implementing the action lines to achieve the proposed objectives, to make sure that the participation of young people and youth organisations at national level is governed by the principle of equal treatment;

19.  Welcomes and endorses the Commission's intention to encourage young people's involvement in society and a broad spectrum of youth initiatives and at the same time calls on the Commission and the Member States to encourage young people to vote in the European elections in 2004;

20.  Is in favour of using innovative methods in formal, non-formal and informal education and supporting organisations that are active in this field;

21.  Calls for youth work initiatives that are open to all and provided by private organisations to be linked to European affairs courses offered in schools;

Information

22.  Calls on the Commission and the Member States, in further developing and supporting youth information networks (such as youth information centres), to ensure that measures and materials are developed, in cooperation with youth organisations and representatives of youth groups, so that young people can obtain, though local, personal contact, high quality information that has been specifically developed for them;

23.  Calls for particular attention to be paid to the Commission's information networks and for a wider range of direct training and information events to be made available to providers of political education for young people;

24.  Calls on the Commission and the Member States to support measures that encourage young people themselves to become sources of information for other young people, and stresses the importance of agreeing qualitative and quantitative benchmarks for comparing young people's participation in youth information;

25.  Points out that in planning and implementing information policy in the context of political and social life at European, national and local level, young people must be seen as a specific target group, which is particularly important with regard to the planned information campaign in 2004 on enlargement and the European elections; calls for inclusive language to be used in all publications produced for campaigns;

26.  Is convinced that, in this regard, young people must have unlimited access to information products that are comprehensible, user-friendly and appropriate to their expectations and needs;

Wider perspectives for youth policy
The future of the "Youth" action programme

27.  Calls on the Commission to develop an independent follow-up programme for the "Youth" action programme, with sufficient financial resources to meet the growing demands in the youth policy area;

28.  Proposes, in the context of preparing future action programmes in the youth field, that as many young people as possible from different countries are involved in the measures as a target group, ensuring that there is fair representation of all regions of Europe with a special attention being paid to the most disadvantaged areas;

29.  Further proposes supporting cross-border regional groups in which young people can address cross-border issues, enabling them to meet in the context of intensive international cooperation and discuss issues such as peacekeeping, environmental protection and so on;

30.  Proposes the motto "overcoming exclusion" as the basis for the future thematic framework for youth projects; this would include such complex subject areas as social inclusion, xenophobia, intercultural learning, the environment, art as a bridge to communication, sport and globalisation;

31.  Emphasises that the future youth programme should promote the political and social participation of young people in a European context; notes that the programme should consequently allow young people room for manoeuvre if and to the extent that they wish to decide themselves the political and social issues in relation to which they wish to develop joint projects; youth organisations and the organisations carrying out projects should therefore be consulted regularly with regard to the definition of the programme's objectives and priorities;

European Youth Week as a permanent fixture

32.  Wishes to see a thorough assessment of the European Youth Week 2003 and calls on the Commission to make any necessary adjustments to this initiative based on this assessment and to ascertain whether it can be made into a permanent fixture and a durable feature of European youth policy, and calls for plans to include an introductory "youth parliament" day, giving young people an opportunity actively to experience democracy at work in the European Parliament;

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33.  Instructs its President to forward this resolution to the Council, Commission, the governments and parliaments of the Member States and accession countries and the European Youth Forum.

(1) OJ L 117, 18.5.2000, p. 1. (2) OJ C 180 E, 31.7.2003, p. 145. (3) OJ C 168, 13.7.2002, p. 2. (4) OJ C 295, 5.12.2003, p. 6. (5) P5_TA(2003)0268. (6) OJ C 169, 18.7.2003, p. 1.

European Parliament resolution on the role of schools and school education in maximizing public access to culture (2002/2268(INI))

P5_TA(2004)0120 A5-0080/2004

The European Parliament,

–   having regard to the Treaty establishing the European Community and, in particular, to Articles 149, 150 and 151 thereof,

–   having regard to the Council Resolution of 28 October 1999 on integrating history into the Community's cultural action(1),

–   having regard to the Presidency Conclusions of the Lisbon European Council of 23-24 March 2000,

–   having regard to Decision No. 508/2000/EC of the European Parliament and of the Council of 14 February 2000 on establishing the Culture 2000 Programme(2),

–   having regard to Decision No. 253/2000/EC of the European Parliament and of the Council of 24 January 2000(3) establishing the second phase of the 'Socrates' programme,

–   having regard to its resolution of 16 January 2001 on quality evaluation of school education(4),

–   having regard to its resolution of 6 February 2002 on education and training systems(5),

–   having regard to its resolution of 5 September 2002 on the third Commission report on Citizenship of the Union(6),

–   having regard to the report from the Commission to the Spring European Council of 21 January 2004 on 'Delivering Lisbon: reforms for the enlarged Union' (COM(2004) 29),

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

–   having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport (A5-0080/2004),

A.   whereas the Lisbon European Council in March 2000 set a strategic new goal for the European Union to become the most competitive and dynamic knowledge-based economy in the world by 2010,

B.   whereas the Council meeting on education of 12 February 2001 defined the following three strategic objectives to obtain the goals set in Lisbon:

C.   whereas the Education Council adopted in May 2003 five European benchmarks for the attainment of these objectives,

D.   whereas the Commission has pointed out in its Communication "Education and Training 2010" (COM(2003) 685) that there is a shortfall of investment in human resources in the Member States regarding education,

E.   whereas the Commission has stated in its aforementioned report that there is a clear need for the Member States to invest more effectively - i.e. to identify and invest in those areas of education and training which produce the greatest results,

F.   whereas the respect for and promotion of cultural and linguistic diversity and the sharing of a common cultural heritage work as a positive force in the integration process and the development of the EU,

G.   whereas the process of European integration and globalisation poses new challenges to the various European cultures and to the educational systems of the different Member States, not least in promoting awareness of other Member States" culture and history, without losing sight of the importance of national culture,

H.   whereas according to a 2000 Eurobarometer study(7), the majority of EU citizens do not believe in the existence of a shared European cultural identity,

I.   whereas interest in culture is acquired in childhood and a significant contribution is made to this in the home environment and at educational institutions, including not only schools but also pre-school and other institutions,

J.   whereas, particularly in densely populated urban areas, many school pupils (or their parents) do not originate from the country in which they are attending school, which means that schools have a major cultural role to play in terms of integration; whereas, at the same time, this provides an excellent opportunity for cultural exchange and the development of intercultural understanding,

K.   whereas it is possible to stimulate cultural interest at school in particular by organising and participating in special events such as painting, photography and film competitions, visits by artists to schools, excursions to places of culture and cultural events in the locality, class trips abroad and pupil exchange schemes,

L.   whereas language teaching, in particular, plays a central role in acquiring an understanding of other cultures since contact with other languages initially involves contact with other cultural, literary and artistic works,

1.  Regrets the fact that only 17% of 15-year-old pupils in the European Union possess the basic educational skills, namely reading, writing and arithmetic, that conforms with the average set by the OECD;

2.  Calls on Member States, in particular those whose GDP percentage invested in education is lower than the EU average, to increase investment in human resources in the field of education;

3.  Points out that school education in Europe should place a greater emphasis on achieving a basic fundamental knowledge of the process of European integration; points out, moreover, that the European dimension should be present in all school disciplines and not only in those directly linked with this subject such as history, philosophy, geography, economics, literature and art;

4.  Recalls that languages are the expression of cultural wealth and diversity and confirms its support for the European Community's objective of enabling all pupils to learn two languages other than their own;

5.  Calls on the Member States to provide continuous training for teachers in European integration to ensure that students from the various EU Member States are provided with a standard basic knowledge of the subject;

6.  Is of the opinion that projects promoting the teaching of European integration in schools should be funded not only by cultural and educational EU programmes but also by other relevant programmes;

7.  Believes that within the context of history teaching, there is a need to address the tendency to concentrate predominantly on the 20th century, at the expense of preceding stages of civilisation which underpin European culture, literature, philosophy, art and music;

8.  Points out that there is a need to raise awareness within the EU Member States of the history and culture of the countries of Central and Eastern Europe and vice versa;

9.  Calls on the Commission and the Member States to ensure that in European research programmes encouragement is given to projects concerning the fundamentals of European civilisation such as fundamental legal principles, the history of institutions and education, the rules of coexistence, social and anthropological practices and artistic manifestations;

10.  Believes that there is a need for European education systems to foster awareness of the cultures and ways of living of all European peoples and to raise awareness of common European values;

11.  Underlines the contribution made within individual Member States for the respect and promotion of cultural and linguistic diversity;

12.  Stresses the need to educate young people through cultural activities and structures which are supported financially by the relevant authorities at all levels;

13.  Notes that the European Youth Programme already encourages awareness of common European values and works towards developing a sense of European citizenship and recommends that this programme be expanded for the benefit of school teachers and school children;

14.  Notes that access to Europe's cultural heritage is a fundamental precondition to the integration process and a force for the consolidation of a sense of European citizenship;

15.  Recommends that the knowledge of Europe's cultural heritage should be a natural component of the syllabus in schools throughout the EU;

16.  Asks the Commission to draw up a text on the history of European culture (art, philosophy, science, etc.) which, after adoption by the Council and with due respect for the principle of subsidiarity, might become a standard subject on the school syllabus in the Member States;

17.  Points to the numerous opportunities offered by schools and education to promote intercultural and interreligious exchanges between pupils, extending also beyond European cultural borders, thereby contributing to the development of cultural understanding, for example by encouraging children to talk about their country of origin or the country of origin of their parents, together with their customs and traditions, and to describe their experiences as foreigners in an unfamiliar cultural context;

18.  Stresses the need to step up active public policies for the conservation of the common cultural heritage; urges associations recognised in Europe to become more actively involved in conservation and educational initiatives in respect of the historic and artistic heritage;

19.  Notes that the Commission's action "Netd@ys Europe" associates European cinema with schools; believes that it would be advantageous in this connection, to widen the scope of such projects so as to encourage cooperation, for example, through school films, introductions to the media professions and invitations addressed to film directors to visit schools as 'guest speakers', etc. Further proposes that the MEDIA Plus programme should contribute in raising pupils' awareness and interest in European cinema; Points out that a Pan -European Children's Network would be an efficient way to disseminate and raise awareness of European films of high quality;

20.  Calls on the Member States to promote collaboration between teachers and artists with a view to encouraging pupils to learn about the performing arts at school in a European context;

21.  Urges the improvement of quality and access to the pedagogical services of museums, theatres, libraries and other cultural structures; calls on schools to open themselves up to these cultural centres and institutions, contacts and exchanges which can only be mutually beneficial;

22.  Emphasises that children's participation in artistic and cultural activities is an important factor in developing their creative skills and that the development of creative potential benefits their future personal and professional lives; stresses, in this connection, the importance of cooperation between schools and homes in greatly helping to achieve this objective;

23.  Welcomes the fact that there is a growing recognition at all levels in the EU that the educational and professional success of individuals depends on development of school curricula which value both academic and creative abilities alike;

24.  Urges schools, homes, cultural institutions and creative artists and intellectuals to cooperate more closely in the field of cultural education; urges schools to take greater advantage of the opportunities offered by the diverse cultural backgrounds of their pupils for the purposes of cultural education;

25.  Stresses the importance of pupil exchange schemes, class trips to other countries and language teaching in becoming acquainted with and experiencing European and non-European cultures and therefore calls on the Member State and European Union authorities to promote such initiatives to a greater degree;

26.  Considers that music, fine arts and theatre are a fundamental component of the cultures and history of the individual Member States and of Europe's cultural heritage and therefore recommends these disciplines are given a higher priority in school education;

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

(1) OJ C 324, 12.11.1999, p. 1. (2) OJ L 63, 10.3. 2000, p. 1. (3) OJ L 28, 3.2. 2000, p. 1. (4) OJ C 262, 18.9. 2001, p. 44. (5) OJ C 284 E, 21.11. 2002, p. 196. (6) OJ C 272 E, 13.11. 2003, p. 446. (7) Eurobarometer Study N° cat. NC-31-00-910-EN-C "How Europeans See Themselves"

European Parliament recommendation to the Council on EU-Russia relations (2003/2230(INI))

P5_TA(2004)0121 A5-0053/2004

The European Parliament,

–   having regard to the Partnership and Co-operation Agreement (PCA) between the European Union and Russia, which entered into force on 1 December 1997,

–   having regard to the Common Strategy of the European Union on Russia, the period of application of which has been extended to 24 June 2004,

–   having regard to the Commission's Country Strategy Paper and the TACIS National Indicative Programme for Russia,

–   having regard to the preliminary conclusions drawn by the International Election Observation Mission on the State Duma elections in the Russian Federation on 7 December 2003,

–   having regard to recent action by the Russian judiciary against Yukos and the Open Society Institute,

–   having regard to the Presidency Conclusions of the Brussels European Council of 12 December 2003, in particular to the request to the Council and the Commission to draw up assessment reports on all aspects of the Union's relationship with Russia,

–   having regard to the Commission communication on 'Wider Europe - Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours' (COM(2003) 104) and its resolution of 20 November 2003(1) on the same subject,

–   having regard to its resolution of 20 November 2003 on the 12th EU-Russia Summit held in Rome on 6 November 2003(2),

–   having regard to its earlier resolutions on the implementation of the Common Strategy, the Northern Dimension, Kaliningrad, Chechnya, Ukraine and South Caucasus,

–   having regard to the proposal for a recommendation to the Council by Bastiaan Belder on behalf of the EDD Group on EU-Russia relations (B5-0438/2003),

–   having regard to Rule 49(3) and Rule 104 of its Rules of Procedure,

–   having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0053/2004),

A.   whereas, owing to its size, resources and policies, Russia plays a crucial role for security and stability in Europe and whereas the EU conducts a policy of constructive engagement vis-à-vis Russia,

B.   whereas Russia's importance as a direct neighbour of the EU will further increase as a result of EU enlargement and, having regard to the result of the elections to the State Duma, cooperation between the European Parliament and the Duma is an even more exacting task,

C.   whereas the EU and Russia have common interests in trade and the economy, with the EU constituting Russia's biggest export market and its most important source of imports; whereas the EU has an interest in improving the security of its energy supplies from Russia and wishes to develop its imports, provided that shipments comply with international safety and environmental requirements, and whereas these two factors taken together offer considerable potential for investment in Russia which could help the country's economic modernisation, whereas common interests should be linked to shared values upon which to develop a genuine and balanced partnership,

D.   whereas a successful and increasingly broad-based economic development in Russia is in the interests also of the EU, in particular since it would provide Russia with further resources to deal with a range of challenges such as improving nuclear safety, reducing pollution of the environment, improving public health and taking more effective measures against the spread of infectious diseases such as HIV/AIDS and tuberculosis, and would raise the standard of living, which could help to reduce crime, drug use and trafficking,

E.   whereas huge volumes of radioactive material are stored under alarming conditions on the Kola Peninsula, close to the EU border; whereas plans to continue operating for many years to come a number of first generation nuclear power plants which do not fulfil international safety standards are also a matter of concern; whereas, at the same time, the EU and Russia have the ambition of interconnecting their electricity grids by 2007,

F.   whereas the delay in transmitting the Kyoto protocol for ratification to the Duma is preventing this treaty from entering into force, thus weakening the international multilateral framework,

G.   whereas organised crime, including drug trafficking and trafficking in human beings, is creating major problems in Russian society, is a disruptive factor in relations with the EU and requires effective border controls,

H.   whereas the EU and Russia can contribute to enhanced common security in Europe through more intense dialogue and cooperation on controlling arms exports, on issues arising from the Non-Proliferation Treaty, on the security problems linked to international crime, on strategies for combating terrorism and preventing terrorist attacks and on possible solutions to conflicts in trouble spots in Eastern Europe,

I.   whereas the massive persistant human rights violations in Chechnya and the continuing absence of a credible peace and reconciliation process are perpetuating the suffering of the inhabitants of the republic and continue to dissuade those who have fled from returning; whereas Russia should guarantee that international organisations can operate in the area; whereas the experts of the Council of Europe's Committee for the Prevention of Torture who visited Chechnya in May 2003 were prompted by their findings to take the unusual step of issuing a public statement which included the warning that 'a state must avoid the trap of abandoning civilised values'(3),

J.   whereas to portray the conflict as simply one between terrorists and forces seeking to uphold law and order is to distort it, even though terrorist activities continue and have shown signs of increasing; whereas actions of the security and military forces could be seen as counter-productive in that they contribute to the creation of a climate of dread and hopelessness, inciting a desire for retaliation among family members of victims and in this way facilitating the recruitment of would-be assassins and suicide attackers,

K.   whereas over the last decade the war in Chechnya has left over 200,000 people dead out of an original Chechen population of one million inhabitants, turned hundreds of thousands into refugees, left tens of thousands injured, tortured, handicapped or traumatised and caused tens of thousands of deaths among the Russian military,

L.   whereas it is alarmed by instances of applicants to the European Court of Human Rights and of members of their families disappearing or being killed,

M.   whereas the ongoing conflict in Chechnya and the massive human rights violations taking place there are an insurmountable obstacle to the development of a genuine partnership between the EU and Russia,

N.   whereas Chechnya is not only an "internal affair" of Russia's, in that violations of human rights are self-evidently threats to international security, of a kind already felt in some neighbouring countries,

O.   whereas the foundations of the EU's policy on Russia, notably the PCA, the Common Strategy and the TACIS programme, were laid a number of years ago and whereas these instruments have not yet been fully used, but should be reviewed and adjusted to the New Neighbours-Wider Europe strategy,

P.   whereas the PCA is expected to be extended to the new Member States like any other international agreement concluded by the EU, but Russia is apparently seeking to use it as a bargaining chip and to introduce new conditions for agreeing to the PCA's extension, which is unacceptable to the EU,

Q.   whereas ratified border agreements between Russia on the one hand, and the acceding countries Estonia and Latvia on the other, are still not in place,

R.   whereas Article 2 of the Partnership and Co-operation Agreement makes clear that the partnership is based on the common values of respect for democratic principles and human rights, as defined in particular in the Final Act adopted by the Conference on Security and Co-operation in Europe held in Helsinki and Geneva and the OSCE Charter of Paris for a New Europe; whereas the European Convention on Human Rights, to which Russia acceded after the signing of the EU-Russia Partnership and Co-operation Agreement, provides a further important reference for common values,

S.   whereas Russia's further democratisation, especially in terms of free and fair elections, freedom of the media, respectful treatment of non-governmental organisations, adherence to fundamental principles in relation to the rule of law, such as non-interference by political authorities in judicial proceedings, equality before the law and the right to due process, and Russia's possible integration into more comprehensive political, economic and security structures are interrelated processes,

T.   whereas, as a member of the OSCE and the Council of Europe, Russia has committed itself to upholding universal and European values and, as stated in the Commission's communication on relations with Russia (COM (2004) 106) Russian convergence with these values will to a large extent determine the nature and quality of the EU-Russia partnership,

U.   whereas no attempt to treat democracy, the rule of law and human rights issues as sectoral issues having no real connection with the overall development of EU-Russia relations is acceptable,

V.   whereas the elections to the State Duma of 7 December 2003 were preceded by an election campaign marked by extensive use of administrative resources and control of the media, with the aim of favouring government-friendly parties; whereas the elections failed to meet international standards and represented a step backwards in the democratisation process,

W.   whereas the policy of the European Union and its Member States towards the Russian Federation has failed to contribute significantly to checking or even stopping the weakening of the rule of law and democracy,

X.   whereas Russia must do its utmost to resolve the frozen conflicts in South Caucasus and contribute to the stability of the countries in the region by respecting fully their sovereignty and territorial integrity,

Y.   whereas it is essential that the Russian Federation honour the commitments it gave on 19 November 1999 at the OSCE Summit in Istanbul, in particular to close Russian military bases in Georgia and Moldova,

Z.   whereas the EU and Russia have on many occasions pleaded for a world order based on a multilateral framework and joint efforts should be envisaged to reform international organisations and make them more efficient,

AA.   whereas the EU and Russia have declared the long-term objective of creating a common economic space, a common space of freedom, security and justice, a space of cooperation in the field of external security and a space of research and education, including cultural aspects; whereas few questions on the actual meaning of this have yet received any answer, although the European Parliament welcomes the acceptance by Russia of the EU Common Customs document and the signing of the protocols on the exchange of information with Europol, and whereas it also remains unclear to what extent the framework for EU-Russia relations and the Wider Europe policy framework should be brought in line with each other,

AB.   whereas uncoordinated statements by leaders of Member States have rendered negotiations with Russia on the Kaliningrad transit problem excessively difficult; whereas after the last EU-Russia summit, astonishing statements on Chechnya directly contradicting well-established and fully-reasoned EU positions were made; whereas Member States and top EU representatives gave conflicting signals following the Yukos affair and whereas at the end of the summit, statements were made on the Yukos affair reaffirming the need to guarantee equitable, transparent and non-discriminatory procedures, which have since been belied by events,

AC.   whereas Russia has not undergone a transition of the kind envisaged when the international community, including the EU, formulated its basic response to developments there a decade ago; whereas if instead, contrary to the common values on which the EU-Russia bilateral relationship is to be built, a "managed democracy" is being consolidated, if economic reforms remain relatively slow, at least as long as the extractive industries continue to prosper and if, in practice, pursuit of increased leverage on some neighbours is as important as the search for mutually beneficial co-operative solutions, the EU must fully take these developments into account in its assessment of its policy on Russia,

1.  Recommends that the Council and the European Council focus on:

2.  Recommends that the Council and the European Council apply with absolute consistency the principle that the partnership and its development is based on respect for common values, and make no exception for any area of cooperation, be it, for example, external security, internal security or support for Russia's accession to the WTO;

3.  Recommends that the Council and the European Council structure the revised policy on Russia around the following objectives:

4.  Recommends that the Council make a specific analysis of the tendency of negotiations between the EU and Russia to suffer delays and become unnecessarily complicated; believes that a lack of co-ordination on the EU side has in some cases contributed to this by slowing down the definition of EU positions or by encouraging Russia to seek to influence these positions through dialogue with individual EU Member States; urges greater respect, in particular from leaders of Member States, for the need and obligation to refrain from actions which could weaken the EU's ability to exert influence;

5.  Recommends that the Council not depart from its position that Partnership and Co-operation Agreements must be extended promptly to all the new Member States;

6.  Recommends that the Council demand that Russia immediately sign and ratify the negotiated border agreements with the accession states Estonia and Latvia;

7.  Welcomes the Commission communication on 'Wider Europe - Neighbourhood' and the proposals on a New Neighbourhood Instrument; expects this initiative to play a vital role in future EU-Russia relations and takes the view that it may provide a framework for building a privileged security and economic partnership with Russia; considers that, in this process, special importance should be given to shaping and monitoring the common external borders; as a first step calls for pilot projects on cross border co-operation to be introduced as soon as possible, based on increased co-ordination of projects carried out within the framework of existing instruments;

8.  Recommends that the Council focus on co-operation on combating cross-border crime, including trafficking in drugs and human beings, and child pornography, and also found on preventing illegal migration, demanding at the same time more effective action on Russia's part against organised crime;

Chechnya

9.  Emphasises that the situation in Chechnya is very much at odds with the values and principles upon which modern Europe is built; considers the lack of dialogue on Chechnya to be morally and politically indefensible, incompatible with the shared wish to deepen co-operation on internal and external security and incompatible with the real security interests of both Russia and the EU;

10.  Believes that Mr Kadyrov's success in the recent presidential election in Chechnya is the result of an unfair pre-election phase;

11.  Gravely concerned by the failure until now to bring about a positive resolution of the case of Arjan Erkel and deeply regretting the lack of any progress in resolving this dramatic case, calls for a firm political commitment on the part of the Russian Federal and local authorities, the Commission and Council to ensure the safe release of Mr. Erkel;

12.  Recommends that the Council revive and further develop the two-track approach according to which the EU should actively pursue a change in Russia's policy in relation to Chechnya, while at the same time continuing cooperation with Russia in other areas; stresses that the launch of an inclusive, genuine peace and reconciliation process remains an urgent necessity;

13.  Asks the Council to instruct the Commission and the High Representative for Common Foreign and Security Policy to study the Peace Plan presented by Iiyas Akhmadov, and all other peace proposals, and to present their conclusions to the Council and the Parliament;

14.  Recommends that the Council:

15.  Believes that the deportation of the entire Chechen people to Central Asia on 23 February 1944 on the orders of Stalin constitutes an act of genocide within the meaning of the Fourth Hague Convention of 1907 and the Convention for the Prevention and Repression of the Crime of Genocide adopted by the UN General Assembly on 9 December 1948;

Foreign Policy

16.  Calls on the Council also to take into account the security dimension when updating the Partnership and Cooperation Agreement in the near future and reformulating the EU's common strategy vis-à-vis Russia and to formulate the objective of establishing a comprehensive area embracing the whole of Europe without divisions;

17.  Recommends that the Council renew its call on Russia to comply with its OSCE commitment on troop withdrawals from the Moldovan break-away region of Transnistria, as well as with commitments in relation to troop withdrawals from the whole of Georgia; believes that the degree of progress made in the coming months with attempts at forging closer co-operation on the handling of the Transnistria issue and on an increased EU presence in the region will give an idea of the actual scope for convergence of foreign policy positions; is aware that the future development of Georgia depends to a very great extent on the behaviour of Russia and looks therefore to the latter to refrain from any attempt to interfere in Georgia in general and in the Adjaria region in particular; calls on Russia to cooperate actively and constructively in solving the conflicts in Abkhazia and South Ossetia;

18.  Recommends that the Council note that, by virtue of its union with Belarus, Russia has a special responsibility for promoting the development of democracy in Belarus;

Human Rights and the Rule of Law

19.  Recommends, in connection with the creation of a common area of freedom, security and justice that the Council insist on full respect for human rights and the rule of law; and emphasise the importance of equitable, transparent, non-discriminatory and proportionate application of law;

20.  Is aware that the privatisation process in the 1990s was carried out in a chaotic economic climate which gave rise to instances of dishonest and corrupt conduct; recognises that there are several possible ways of dealing with those actions which, despite the ill-developed legal framework at the time, can be identified as illegal; stresses, however, that respect for the principles of equality before the law and non-interference by political authorities in judicial proceedings, as well as respect for the rights of defendants, are fundamental for democratic states upholding the rule of law; recalls that these principles enshrined in the 1993 Russian Constitution form an integral part of the international obligations which the Russian Federation freely assumed when it ratified the European Convention on Human Rights in 1996, and that it must therefore respect its obligations not only in word but also in deed;

21.  Regrets that recent moves by the Russian authorities against Yukos and the Open Society Institute were such as to arouse strong suspicion of political interference in the judicial process; calls on the authorities to treat all prisoners fairly;

22.  Calls on the Council to urge the Russian Government to respect the rights of national minorities, in particular by making primary education available in the languages of national minorities, and to accept the use of scripts other than Cyrillic in the writing of these languages;

23.  Recommends that the Council encourage Russia to join the Council of Europe's Group of States against Corruption (GRECO) and take advantage of the support which this cooperation arrangement can offer;

TACIS

24.  Notes that the narrow concept of technical assistance, which is the basis for the TACIS programme, reflects unrealistic expectations in relation to the transition process at the time of inception of the programme; points out that the usefulness of TACIS as a support for the above policy objectives is also seriously limited by the burdensome and excessively time-consuming procedures associated with it; looks forward to the new instrument envisaged by the New Neighbours-Wider Europe strategy when the regulation expires in 2006; recommends that the Commission exploit all opportunities for using the TACIS programme more flexibly and in a decentralised way until the current regulation expires; recommends the strengthening of the TACIS democracy programmes;

25.  Recommends that the Council pursue a general exemption from Russian VAT for all TACIS aid, since problems with existing refund-arrangements now hamper the implementation of many aid projects; recommends that the Member States improve their provision of information to the Commission on their aid projects in Russia;

Kaliningrad

26.  Recommends that the Council pay special attention to the Kaliningrad region; welcomes the commitment shown by Russia to rapid implementation of the agreement on transit of persons; expresses the hope that more effective EU-Russia co-operation on social, environmental and economic development projects in the region can be achieved;

Environment and Public Health

27.  Welcomes the cooperation between the EU and Russia within the framework of the Northern Dimension Action Plan, in particular the Environmental Partnership and its Support Fund; insists on practical implementation of Northern Dimension projects; stresses that, as obstacles to the launch of projects to address nuclear hazards in Russia are being removed, the EU should make sure that it can continue its financial contribution by keeping resources for this available; urges Russia to ban access to its ports for single-hull oil tankers that are liable to ice over; urges also that the opportunities afforded by the Northern Dimension partnership on public health and social welfare established in Oslo on 27 October 2003 be exploited;

28.  Stresses the importance of Russia ratifying and implementing the Espoo Convention on Environmental Assessment in a Transboundary Context in order to develop effective environmental protection measures for the Baltic Sea; calls on Russia to accelerate the phasing out of single hull tankers and to carry out proper environmental impact assessments prior to oil extraction or the establishment of new large-scale ports or when extending the life of nuclear power plants;

29.  Calls on the Commission and the Member States, in connection with the transport of oil, to make efforts to ensure that single-hull tankers sailing from Russian ports no longer operate in the Baltic Sea or other particularly sensitive waters such as the Caspian Sea or the Black Sea, and to further tighten the amendment to the MARPOL Convention adopted in December 2003 providing for a transitional period up to 2010, for example by means of a request by the Member States to the International Maritime Organisation to declare the Baltic Sea, the Caspian Sea and the Black Sea particularly sensitive areas;

30.  Calls on the Council to renew efforts to secure Russia's ratification of the Kyoto agreement; points to the fact that this agreement is particularly valuable for Russia, because of the choice of reference year in connection with the fixing of emission quotas and the huge potential for improvements in energy efficiency in the country; regrets that Russia nevertheless keeps delaying its ratification of the Protocol and thereby also its entry into force;

Foreign trade

31.  Calls on the Commission to support Russia in the process of drawing closer to the WTO; considers that investors and traders on both sides need a predictable, stable, non-discriminatory, rules-based system of business relations, which are of great common interest to both sides; points out that restructuring and development of services sectors, notably insurance, banking and other financial sectors, is an important condition for sustainable economic growth in Russia and that there is a considerable potential for trade, investment and other forms of cooperation there;

32.  Calls on the Commission to draw particular attention to the need to develop legislation and thereby guarantee the key prerequisites for investment and trade in Russia;

Common European Economic Space

33.  Draws attention to the concept of the Common European Economic Space, to which the EU and Russia committed themselves at the 12th EU-Russia Summit, which could further the integration of Russia's and the EU's economic and social structures;

34.  Supports the Common European Economic Space as a long-term process that has three major dimensions:

Energy

35.  Welcomes the progress made in the EU-Russia Energy Dialogue aimed at establishing an energy partnership between the EU and Russia, as part of the Common European Economic Space; recognises Russia's important role as energy supplier, and the EU's importance for investments in this field, in particular as regards new, more environmentally-friendly techniques; calls on the Council and Commission to consider more institutionalised forms for energy co-operation;

36.  Recommends that the Council underline that the EU market can be opened for Russian electricity exports only if electricity production in Russia takes place under sufficiently safe conditions, which, first of all, presupposes phasing out first generation RBMK reactors, safety upgrades of all other nuclear reactors to the IAEA standards and also improved management of radioactive waste and measures to reduce environmental pollution; underlines the possibility of the assistance which the EU, its Member States, other states and international financial institutions can provide in the nuclear safety and environmental fields and calls for full implementation of the agreement of 21 May 2003 on the Multilateral Nuclear Environment Programme in the Russian Federation;

37.  Emphasises that both sides should undertake decisive and concerted actions in the following directions:

38.  Supports the construction of the northern European gas pipeline, which is to deliver Russian natural gas to Central Europe and the United Kingdom, thereby enhancing security of supply in those countries;

39.  Emphasises the importance of the construction of the combined oil and gas pipeline, planned for Baku-Tbilisi-Ceyhan for supplies to that area and for the protection of marine environments as a result of making sea transport unnecessary; points out, however, that particular account must be taken of security and anti-terrorism measures in constructing the pipeline; urges the countries concerned to apply to this project the standards of the Community directive on environmental impact assessment;

40.  Points out that the interdependence of the EU and Russia in the energy sector is growing strongly and maintains that technical and legal solutions satisfactory to both sides must quickly be found in order to deal with future challenges in the sector;

Industry, research and development

41.  Calls on the Russian Government to provide for the timely implementation of scheduled programmes of law Development, including the harmonisation with international standards of existing product conformity rules and certification procedures;

42.  Calls on the European Investment Bank to allocate funding to small and medium-sized businesses in Russia in order to promote the restructuring of the country and consolidate the new democratic structures;

43.  Emphasises that the main common priority for ICT industry today is to accelerate the process of 'Content Meeting Telecom' with major emphasis on content rich, interactive multimedia services and broadband capabilities; believes that active education campaigns and high-level support are required to encourage and widen the dialogue between all stakeholders in the dynamic development in the ICT industry;

44.  Emphasises the importance of exchanges and cooperation in the fields of research science, education and the economy; calls on the Commission to provide its support, particularly in relation to exchanges of students and researchers;

45.  Emphasises the high quality of space research undertaken by strategic partners, including Russia, and the importance therefore of cooperating with Russia in that field, in order to enable both parties to benefit;

46.  Emphasises the common interest in working on a common standard for third generation (3G) mobile communications;

47.  Points out that Russia's participation in the EU's sixth research framework programme represents an important contribution to future relations and that consideration should also be given to an appropriate share in the financing;

o
o   o

48.  Instructs its President to forward this recommendation to the Council and, for information, to the Commission, the governments of the Member States, the acceding and candidate countries, the Russian State Duma and Federal Government.

(1) P5_TA(2003)0520. (2) P5_TA(2003)0519. (3) Public statement concerning the Chechen Republic of the Russian Federation, found at http://www.cpt.coe.int/en/states/rus.htm

European Parliament resolution with a European Parliament recommendation to the Council on EU policy towards the South Caucasus 2003/2225(INI))

P5_TA(2004)0122 A5-0052/2004

The European Parliament,

–   having regard to the proposal for a recommendation to the Council by Per Gahrton on behalf of the Verts/ALE Group on EU Policy towards the South Caucasus (B5-0429/2003),

–   having regard to the Council Joint Action of 7 July 2003 concerning the appointment of an EU Special Representative for the South Caucasus,

–   having regard to the Partnership and Cooperation Agreements with Armenia, Azerbaijan and Georgia,

–   having regard to the European Union Programme for Prevention of Violent Conflicts, endorsed by the European Council in Göteborg on 15 and 16 June 2001,

–   having regard to the Council Joint Action of 25 June 2003 regarding a contribution from the European Union to the conflict settlement process in Georgia/South Ossetia,

–   having regard to the conclusions adopted on 19 November 1999 by the Organisation for Security and Cooperation in Europe (OSCE) at the Istanbul summit,

–   having regard to the recent parliamentary and presidential elections in Armenia and Azerbaijan,

–   having regard to the changes which Georgia underwent in November 2003 ('rose revolution'), with a new president, the forming of a government on 25 January 2004 and the forthcoming parliamentary elections of 28 March 2004,

–   having regard to its resolution of 20 November 2003 on Wider Europe - Neighbourhood: a new framework for relations with our eastern and southern neighbours(1),

–   having regard to the statement adopted at the meeting of the EU Foreign Ministers on 26 January 2004 instructing the Commission and the High Representative to examine how Armenia, Azerbaijan and Georgia could be included in the new "Wider Europe" initiative,

–   having regard to its Resolution of 18 January 2001 on the visa regime imposed by the Russian Federation on Georgia(2),

–   having regard to its Resolution of 11 March 1999 on support for the peace process in the Caucasus(3),

–   having regard to the Report of 4 April 2003 of its ad hoc delegation to Abkhazia/Georgia(4),

–   having regard to the Communication from the Commission to the Council and the European Parliament of 9 February 2004 on relations with Russia (COM(2004)106),

–   having regard to Rule 49(3) and Rule 104 of its Rules of Procedure,

–   having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0052/2004),

A.   whereas the South Caucasus countries (Armenia, Azerbaijan, Georgia) are all members of the Council of Europe and of the OSCE, underlining the common destiny that they share with Europe,

B.   whereas the South Caucasus bridges Europe with Central Asia and will in the future be a neighbouring region of the enlarged EU; whereas the countries of this region are favourably disposed to mutually beneficial partnerships with the EU,

C.   whereas these countries have stressed on many occasions their European vocation showing a deep interest in getting closer to the EU with a view to making an application for membership in the long term; whereas the resumption of regional cooperation is to be regarded as an essential step in this direction,

D.   whereas years of wars and turmoil have been followed by a period of continuing instability in the region; whereas until now only limited progress in state building, democratisation, consolidation of the rule of law, securing religious freedom and economic reform has been made and the region continues to run the risk of becoming caught in a downward spiral of insecurity and conflict, which prevents sustainable development and inhibits political reforms,

E.   whereas continuing conflicts and tensions between the three countries concerned are obstructing further European ambitions,

F.   whereas there is a concern over the lack of respect for democratic values, the rule of law and fundamental rights in the region and a need for further administrative and political reforms in order to secure further stability,

G.   whereas the elections which took place in 2003 in the three countries have been marked by widespread irregularities which led the OSCE, the Council of Europe and the EU observers to state that they fell short of international standards,

H.   whereas the presidential elections which took place on 4 January 2004 in Georgia, constituted, according to international observers, an improvement on previous votes and showed that the country's new leadership is committed to democracy,

I.   whereas the recent events proved once more the fragility of Georgian institutions and the urgency of a plan for the consolidation of democracy and the beginning of a process of reconciliation between all the parties of the Georgian society,

J.   whereas there is a need to create conditions which are conducive to durable democratic stability in the South Caucasus and to give impetus to economic development and cross-border cooperation; whereas this task cannot be accomplished without substantial international political, diplomatic and economic assistance,

K.   whereas the current deadlock in the peace processes in Abkhazia, South Ossetia and Nagorno-Karabakh is the main obstacle to resumption of dialogue and development of genuine regional cooperation,

L.   whereas in all the three areas of conflict, Russia can make a decisive contribution to attempts to reach a peaceful and lasting settlement; whereas, in particular, without a political end to the war in Chechnya, it will not be possible to bring about stabilisation in the Caucasus,

M.   whereas at the recent OSCE Ministerial Summit held in Maastricht on 1 and 2 December 2003, the EU reaffirmed the need to reach an early agreement between the parties on the duration and modalities of the functioning of the Russian military bases within the territory of Georgia,

N.   whereas conflicts in the region have driven hundreds of thousands of people from their homes and not all of them have been granted the status of refugee or Internally Displaced Person (IDP); whereas many are in urgent need of assistance to ensure that their basic needs are met, as well as the need for access to education for their children in their mother tongue,

O.   whereas in past years, the EU humanitarian aid for the region decreased significantly despite continuing need for food, health care and basic products for IDPs and refugees, as well as for inhabitants of areas of immediate tension; whereas in 2002 no humanitarian aid was provided for IDPs and refugees in Azerbaijan,

P.   whereas the issue of the closure of the Medzamor nuclear power plant, which is located in an earthquake zone in Armenia, is especially sensitive because of the shortages of electricity, and because prior development of alternative energy supply is needed; underlines the need to develop an effective regional energy market, to improve the efficiency of the electricity grid and establish an energy-saving policy,

Q.   whereas, due to its geographical location, the South Caucasus can play an increased role in strengthening international security; whereas if it is instead left out of the evolving networks of interdependence and cooperation, the susceptibility of the South Caucasus states to the danger of instability from neighbouring regions would increase,

R.   whereas the EU provides significant assistance to the South Caucasus states in the form of grants for implementation of major transport, energy and telecommunication projects, as well as assistance in structural reform; whereas, regrettably, it has not yet developed an ambitious strategy, to the extent that these three countries continue today to be excluded from the 'Wider Europe - New Neighbourhood' initiative,

S.   whereas in the coming decade the region will become increasingly important for energy supply to the EU, which is the world's largest importer of oil and gas,

T.   whereas the INOGATE and TRACECA assistance programmes are crucial for promoting development of economic cooperation with and among the South Caucasus states,

U.   whereas criticisms have been directed by international civil society against the Baku-Tbilisi-Ceyhan oil pipeline project,

V.   whereas forms of regional cooperation are taking shape, as illustrated by the creation of the GUUAM Union (Georgia, Ukraine, Uzbekistan, Azerbaijan, Moldova) and the BSDC Organisation (Black Sea Economics Cooperation), the latter is the only organisation where Georgia, Armenia and Azerbaijan meet regularly and exchange contacts; highlights that countries that have the potential to be involved are excluded due to the existing conflicts, whereas the EU should find ways to duly support such forms of regional cooperation,

W.   whereas the EU has a great potential to play a constructive role in the region as a civil power, with experience in successfully employing economic incentives linked to political and diplomatic initiatives, and as an actor with the capacity to share responsibility together with other major international actors for promoting peace and security in the region,

X.   whereas the EU must play an increased role in the South Caucasus, especially in the area of conflict resolution, political and economic reform and intra-regional cooperation,

1.  Addresses the following recommendations to the Council:

2.  Instructs its President to forward this Recommendation to the Council and, for information, to the Commission, the UN, the OSCE and the Council of Europe as well as the Governments and Parliaments of Armenia, Azerbaijan, Georgia, Russia, Turkey and Iran.

(1) P5_TA(2003)0520. (2) OJ C 262, 18.9.2001, p. 259. (3) OJ C 175, 21.6.1999, p. 251. (4) PE 331.196. (5) OJ L 175, 5.7.1985, p. 40.