European Parliament legislative resolution of 29 November 2007 on the proposal for a directive of the European Parliament and of the Council repealing Council Directive 84/539/EEC on the approximation of the laws of the Member States relating to electro-medical equipment used in veterinary medicine (COM(2007)0465 – C6-0255/2007 – 2007/0168(COD))

P6_TA(2007)0545 A6-0431/2007

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0465),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0255/2007),

–   having regard to Rules 51 and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0431/2007),

1.  Approves the Commission proposal;

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

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

European Parliament legislative resolution of 29 November 2007 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 80/181/EEC on the approximation of the laws of the Member States relating to units of measurement (COM(2007)0510 – C6-0277/2007 – 2007/0187(COD))

P6_TA(2007)0546 A6-0430/2007

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0510),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0277/2007),

–   having regard to Rules 51 and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0430/2007),

1.  Approves the Commission proposal;

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

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

European Parliament legislative resolution of 29 November 2007 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/54/EC as regards the application of certain provisions to Estonia (COM(2007)0411 – C6-0230/2007 – 2007/0141(COD))

P6_TA(2007)0547 A6-0440/2007

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0411),

–   having regard to Article 251 and Articles 47(2), 55 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0230/2007),

–   having regard to Rules 51 and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy (A6-0440/2007),

1.  Approves the Commission proposal;

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

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

European Parliament legislative resolution of 29 November 2007 on the proposal for a Council decision on the conclusion of the Agreement on scientific and technological cooperation between the European Community and the Arab Republic of Egypt (COM(2007)0352 – C6-0247/2007 – 2007/0124(CNS))

P6_TA(2007)0548 A6-0429/2007

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2007)0352),

–   having regard to Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013)(1),

–   having regard to Article 170 and Article 300(2), first subparagraph, first sentence, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0247/2007),

–   having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy (A6-0429/2007),

1.  Approves conclusion of the agreement;

2.  Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and the Arab Republic of Egypt.

(1) OJ L 412, 30.12.2006, p. 1.

European Parliament legislative resolution of 29 November 2007 on the draft Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (14320/2007 – C6-0411/2007 – 2007/0820(CNS))

P6_TA(2007)0549 A6-0465/2007

(Consultation procedure)

The European Parliament,

–   having regard to the draft Council regulation (14320/2007),

–   having regard to the Commission proposal (COM(2007)0364),

–   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),

–   having regard to Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding(2),

–   having regard to Article 279 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0411/2007),

–   having regard to Rules 51 and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Constitutional Affairs and the letter of the Committee on Budgets (A6-0465/2007),

1.  Approves the draft Council regulation;

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 text substantially;

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

(1) OJ L 248, 16.9.2002, p.1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1). (2) OJ L 297, 15.11.2003, p. 1.

European Parliament legislative resolution of 29 November 2007 on the proposal for a Council decision providing Community macro-financial assistance to Lebanon (COM(2007)0476 – C6-0290/2007 – 2007/0172(CNS))

P6_TA(2007)0550 A6-0452/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0476),

–   having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0290/2007),

–   having regard to Rule 51 and Rule 83(7) of its Rules of Procedure,

–   having regard to the report of the Committee on International Trade and the opinions of the Committee on Foreign Affairs and the Committee on Budgets (A6-0452/2007),

1.  Approves the Commission proposal as amended;

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

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

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

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital - 1 (new) (-1) It is in the European Union's interest to reinforce the sovereignty, territorial integrity and independence of Lebanon, free the country from foreign interference, and strengthen its legitimate and democratic government. Amendment 2 Recital - 1 a (new) (-1a) The European Union and its Member States play a prominent role in the new United Nations Interim Force in Lebanon mission and have committed themselves to the full implementation of the United Nations Security Council Resolution 1701 (2006) with a view to stabilising the area and finding a long-term solution to the causes that led to the summer 2006 conflict in Lebanon. Amendment 3 Recital 1 a (new) (1a)  It is in the interests of Lebanon to find the right balance between post-conflict expenditure, reconstruction, excessive debt and social needs, while paying particular attention to the education and training sector and to the fight against poverty. Amendment 4 Recital 2 (2)  Lebanon, on the one hand, and the European Community and its Member States on the other hand, have signed an Association Agreement, which entered into force on 1 April 2006, (2)  Within the framework of the Euro-Mediterranean Partnership, Lebanon on the one hand, and the European Community and its Member States on the other, have signed an Association Agreement, which entered into force on 1 April 2006. Amendment 5 Recital 4 (4)  Relations between Lebanon and the European Union are developing within the framework of the European Neighbourhood Policy, which is expected to lead to deeper economic integration. The EU and Lebanon have agreed on a European Neighbourhood Policy Action Plan identifying medium-term priorities in EU-Lebanon relations and related policies, (4)  Relations between Lebanon and the European Union are also developing within the framework of the European Neighbourhood Policy (ENP), the objectives of which include strengthening economic integration. In this context, the EU and Lebanon agreed on an Action Plan in January 2007, which identifies medium-term priorities in their relations and related policies. Amendment 6 Recital 4 a (new) (4a)  In particular, the adoption on 19 January 2007 of that Action Plan has contributed significantly to the stabilisation of the country. Amendment 7 Recital 4 b (new) (4b)  The exceptional macro-financial assistance envisaged in this Decision is particularly urgent because the funds under the European Neighbourhood and Partnership Instrument for sectoral reforms will be available to Lebanon from 2009 onwards only. The planned exceptional macro-financial assistance fills this gap, being available for 2007 to 2009 and having an immediate impact on Lebanon's balance of payments. Provision should therefore be made in a Memorandum of Understanding to guarantee the complementarity of both actions. Amendment 8 Recital 4 c (new) (4c)  The macro-financial impact of the 2006 war on the economy of Lebanon and the prejudicial effect of the protracted political crisis on the country's chronically weak and fragile institutional system increase the need for international financial assistance, as provided, in part, by the International Donors' Conference on Support for Lebanon (Paris III) in January 2007. The macro-financial assistance envisaged in this Decision should therefore be implemented without any further delay, as part of the European Union's commitment to Lebanon. Amendment 9 Recital 8 a (new) (8a)  The impact of the summer 2006 conflict with Israel and the cumulative effects of past economic policies have led to a severe economic and financial crisis that has required urgent action. Amendment 10 Recital 8 b (new) (8b)  The European Union's macro-financial assistance should not merely supplement programmes and resources from the Bretton Woods institutions but ensure the added value of EU involvement. Amendment 11 Recital 8 c (new) (8c)  The Community should ensure that the European Union's macro-financial assistance is legally and substantially in line with the measures taken within the different areas of external action and other relevant Community policies. Consistency should be ensured in formulating policy, including the Memorandum of Understanding and the Grant Agreement and its implementation Amendment 12 Recital 8 d (new) (8d)  The Community should also ensure that the European Union's macro-financial assistance is exceptional and limited in time, complementary to the assistance given by Bretton Woods institutions, bilateral donors and the Paris Club creditors, conditional on meeting clearly identified requirements, including political pre-conditions, and carefully monitored and assessed in order to prevent fraud and financial irregularities. Amendment 13 Recital 9 (9)  The release of the Community financial assistance is without prejudice to the powers of the budgetary authority. (9)  Such financial assistance should be provided only once it has been established that the conditions to be agreed with the Lebanese authorities have been satisfactorily fulfilled. The conditions under which instalments may be disbursed from exceptional assistance should be laid down in the Memorandum of Understanding and the Grant Agreement and should include specific objectives that are to be attained in the following areas: improved transparency and increased sustainability of public finances; the application of macro-economic and budgetary priorities; and full compliance with international democratic and human rights standards, and the fundamental principles of the rule of law. Real progress in attaining the above objectives should provide the basis for disbursing the instalments. The release of the Community financial assistance is without prejudice to the powers of the budgetary authority. Amendment 14 Recital 9 a (new) (9a)  The European Union's strong financial and political support should be contingent on the successful rebuilding of a Lebanese state that is able to exercise full sovereignty over its whole territory, on an improvement in its economic and social situation and on the strengthening of the democratisation process in the country. Amendment 15 Recital 10 (10)  This assistance should be managed by the Commission in consultation with the Economic and Financial Committee. (10)  The assistance should be managed by the Commission in consultation with the Economic and Financial Committee and the European Parliament, Amendment 16 Article 1, paragraph 1, subparagraph 1 1.  The Community shall make available to Lebanon financial assistance amounting to a maximum of EUR 80 million, with a view to supporting Lebanon's domestic efforts of post-war reconstruction and sustainable economic recovery, and in this way, alleviating the financial constraints on the implementation of the government's economic programme. 1.  The Community shall make available to Lebanon exceptional financial assistance amounting to a maximum of EUR 80 million, with a view to supporting Lebanon's domestic efforts of post-war reconstruction and sustainable economic recovery, and in this way, alleviating the financial constraints on the implementation of the government's economic programme and avoiding a further deterioration in Lebanon's trade and current account balances. Amendment 17 Article 1, paragraph 2 2.  The Community financial assistance shall be managed by the Commission in consultation with the Economic and Financial Committee and in a manner consistent with the agreements or understandings reached between the International Monetary Fund (IMF) and Lebanon. 2.  The Community financial assistance shall be managed by the Commission in consultation with the Economic and Financial Committee and in a manner consistent with the agreements or understandings reached between the International Monetary Fund (IMF) and Lebanon. The Commission shall regularly inform the European Parliament of the Economic and Financial Committee proceedings and provide it with the relevant documents. Amendment 18 Article 1, paragraph 3 3.  The Community financial assistance shall be made available for two years starting from the first day after the entry into force of this Decision. However, if circumstances so require, the Commission, after consultation of the Economic and Financial Committee, may decide to extend the availability period by a maximum of one year. 3.  The Community financial assistance shall be made available for two years starting from the first day after the entry into force of this Decision. Amendment 19 Article 2, paragraph 1 1.  The Commission is hereby empowered to agree with the authorities of Lebanon, after consulting the Economic and Financial Committee, the economic policy and financial conditions attached to the financial assistance, to be laid down in a Memorandum of Understanding and a Grant/Loan Agreements. These conditions shall be consistent with the agreements or understandings referred to in Article 1(2). 1.  The Commission is hereby empowered to agree with the authorities of Lebanon, after consulting the Economic and Financial Committee and the European Parliament, the economic policy and financial conditions attached to the financial assistance, to be laid down in a Memorandum of Understanding and a Grant/Loan Agreements. These conditions shall be consistent with the agreements or understandings referred to in Article 1(2). The Memorandum of Understanding and the Grant Agreement shall be submitted forthwith to the European Parliament and to the Council. The conditions referred to in this paragraph shall include specific objectives in the following areas: improved transparency and increased sustainability of public finances; the application of macro-economic and budgetary priorities; and full compliance with international democratic and human rights standards and the fundamental principles of the rule of law. Those conditions shall also aim to encourage the implementation of economic and social policies focused on tackling poverty, on education and on health. Real progress in attaining those objectives shall provide the basis for disbursing the instalments from the macro-financial assistance envisaged. In order to increase transparency and accountability, the conditions of the European Union's macro-financial assistance shall be made public. Amendment 20 Article 2, paragraph 2 2.  During the implementation of the Community financial assistance, the Commission shall monitor the soundness of Lebanon's financial arrangements, administrative procedures, internal and external control mechanisms which are relevant to this Community financial assistance. 2.  During the implementation of the Community financial assistance, the Commission shall carefully monitor the soundness of Lebanon's financial arrangements, administrative procedures, internal and external control mechanisms which are relevant to this Community financial assistance. Amendment 21 Article 2, paragraph 3 3.  The Commission shall verify at regular intervals that economic policy in Lebanon is in accordance with the objectives of this assistance and that the agreed economic policy and financial conditions are being satisfactorily fulfilled. In doing so, the Commission shall coordinate closely with the Bretton Woods Institutions, and, when required, with the Economic and Financial Committee. 3.  The Commission shall verify at regular intervals that economic policy in Lebanon is in accordance with the objectives of this assistance and that the agreed economic policy and financial conditions are being satisfactorily fulfilled. In doing so, the Commission shall coordinate closely with the Bretton Woods Institutions, and, when required, with the Economic and Financial Committee and the European Parliament. Amendment 22 Article 2, paragraph 3 a (new) 3a.  The Commission, after informing the European Parliament and the Council, may adapt the provision of the exceptional macro-financial assistance envisaged in this Decision to political developments in Lebanon, bearing in mind at all times the importance of enhancing the stability of the country and not further aggravating the internal crisis. Amendment 23 Article 2 a (new) Article 2a The Commission, after having informed the European Parliament and the Council, may suspend the provision of this exceptional macro-financial assistance if a deterioration in Lebanon's political situation makes it de facto impossible to fulfil the objectives of that assistance, or in the event of a serious infringement of international democratic and human rights standards, and the fundamental principles of the rule of law. Amendment 24 Article 3, paragraph 1 1.  The Community financial assistance shall be made available by the Commission to Lebanon in maximum three instalments. 1.  The Community financial assistance shall be made available by the Commission to Lebanon in three instalments. Amendment 25 Article 3, paragraph 4 4.  The funds shall be paid to the Banque du Liban exclusively in support of Lebanon's financing needs. 4.  The funds shall be paid to the Banque du Liban exclusively in support of Lebanon's financing needs, and recorded under the heading "Exceptional financial assistance from the European Union". Amendment 26 Article 4 The Community financial assistance shall be implemented in accordance with the provisions of Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities and its implementing rules. In particular, the Memorandum of Understanding and the Grant/Loan Agreements with the authorities of Lebanon shall provide for appropriate measures by Lebanon related to the prevention of, and the fight against, fraud, corruption and other irregularities affecting the assistance. They shall also provide for controls by the Commission, including the European Anti Fraud Office, with the right to perform on the spot checks and inspections, and for audits by the Court of Auditors, where appropriate, to be carried out on the spot. The Community financial assistance shall be implemented in accordance with the provisions of Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities and its implementing rules. In particular, the Memorandum of Understanding and the Grant/Loan Agreements with the authorities of Lebanon shall provide for specific measures to be implemented by Lebanon related to the prevention of, and the fight against, fraud, corruption and other irregularities affecting the assistance. In order to ensure greater transparency in the management and disbursement of funds, they shall also provide for controls by the Commission, including the European Anti Fraud Office, with the right to perform on the spot checks and inspections, and for audits by the Court of Auditors and independent auditors, on approval by the actors involved, where appropriate, to be carried out on the spot. Amendment 27 Article 5 By 31 August of each year the Commission shall submit to the European Parliament and to the Council a report, including an evaluation of the implementation of this Decision in the preceding year. The report shall indicate the connection between the policy conditions set out in Article 2(1), Lebanon's ongoing economic and fiscal performance, and the Commission's decision to release the instalments of the assistance. By 31 August of each year the Commission shall submit to the relevant Committees of the European Parliament and to the Council a report, including an evaluation of the implementation of this Decision in the preceding year. The report shall indicate the connection between the policy conditions set out in Article 2(1), Lebanon's ongoing economic and fiscal performance, and the Commission's decision to release the instalments of the assistance. Amendment 28 Article 5 a (new) Article 5a No later than two years after the expiry of the implementation period concerning the assistance provided for in this Decision, the Commission shall submit to the European Parliament and the Council an ex-post evaluation report. Amendment 29 Article 6 This Decision shall take effect on the day of its publication in the Official Journal of the European Union. This Decision shall take effect on the day of its publication in the Official Journal of the European Union and shall be valid for a period of two years thereafter.

European Parliament legislative resolution of 29 November 2007 on the proposal for a Council framework decision on the European supervision order in pre-trial procedures between Member States of the European Union (COM(2006)0468 – C6-0328/2006 – 2006/0158(CNS))

P6_TA(2007)0551 A6-0428/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal (COM(2006)0468),

–   having regard to Article 31(1)(a) and (c), and Article 34(2)(b) of the EU Treaty,

–   having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0328/2006),

–   having regard to Rules 93 and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs (A6-0428/2007),

1.  Approves the Commission proposal as amended;

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

3.  Draws the Commission's attention to the need to adapt the arrest and surrender procedure of the European arrest warrant to cover all cases where a suspect must be transferred back to the trial State following a breach of the European supervision order;

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

5.  Calls on 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 1 Recital 5 (5)  In order to avoid unnecessary costs and difficulties in relation to the transport of the suspect for the purposes of preliminary hearings or the trial, Member States should be allowed to use video links. (5)  In order to avoid unnecessary costs and difficulties in relation to the transport of the suspect for the purposes of preliminary hearings or the trial, Member States should be allowed to use the procedure provided for in Article 10 of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union1. ________________________ 1OJ C 197, 12.7.2000, p.1. Amendment 2 Recital 6 a (new) (6a)  In the event of a breach of a European supervision order, the issuing authority may decide to issue a European arrest warrant for the purpose of transferring the suspect to the issuing State. In such circumstances, which should be strictly limited to the application of this Framework Decision, Framework Decision 2002/584/JHA covers all offences in relation to which a European supervision order may be issued. Amendment 3 Article 1, paragraph 1 This Framework Decision establishes a European supervision order and the pre-trial transfer procedures between Member States. This Framework Decision establishes a European supervision order. Amendment 4 Article 1, paragraph 2 A European supervision order is a judicial decision issued by a competent authority of a Member State in respect of a non-resident suspect for the purpose of the return of that person to his Member State of residence under the condition that he complies with supervision measures, in order to ensure the due course of justice and, in particular, to ensure that the person will be available to stand trial in the issuing Member State. A European supervision order is a judicial decision issued by a competent authority of a Member State in respect of a non-resident suspect for the purpose of the return of that person to the Member State of his current lawful and ordinary residence, or to any other Member State, in cases where the suspect so requests and the Member State concerned has granted its consent, under the condition that he complies with supervision measures, in order to ensure the due course of justice and, in particular, to ensure that the person will be available to stand trial in the issuing Member State. Amendment 5 Article 3 Article 3 Obligation to execute the European Supervision Order Member States shall execute any European supervision order on the basis of the principle of mutual recognition and in accordance with the provisions of this Framework Decision. deleted Amendment 6 Article 4 a (new) Article 4a Costs 1.  The costs incurred in the execution of a European supervision order in the territory of the executing State shall be borne by that Member State. 2.  All other costs shall be borne by the issuing State. Amendment 7 Article 5, paragraph 1 1.  A European supervision order may be issued by the issuing authority after having informed the suspect of any obligations to be imposed pursuant to Article 6 and of the consequences, in particular of those set out in Articles 17 and 18. 1.  After issuing a European supervision order, the issuing authority shall inform the suspect in a language which he understands of any obligations imposed pursuant to Article 6 and of the consequences, in particular of those set out in Articles 17 and 18. Amendment 8 Article 6, paragraph 1, subparagraph 2 Obstructing the course of justice or engaging in criminal activity may constitute a breach of the European supervision order. Obstructing the course of justice or engaging in criminal activity shall constitute a breach of the European supervision order. Amendment 9 Article 6, paragraph 1, subparagraph 3 The issuing authority may impose one or more of the following obligations on the suspect: The issuing authority may impose one or more of the following obligations on the suspect: (a) to attend preliminary hearings relating to the offence(s) with which he has been charged or (a) to attend preliminary hearings relating to the offence(s) with which he has been charged or (b) not to enter specified places in the issuing State without authorisation; or (b) not to frequent specified places in, or parts of the territory of, the issuing State or the executing State without authorisation. (c) to reimburse the costs for transferring him to a preliminary hearing or trial. Amendment 10 Article 6, paragraph 1, subparagraph 3, point (c a) new (ca) to inform the executing authority of any change of his place of residence in the executing State. Amendment 11 Article 6, paragraph 2, point (c) (c) to surrender his passport(s) or other identification papers to the executing authority; deleted Amendment 12 Article 6, paragraph 2, point (e) (e) to be at his specified place of work in the executing State at specified times; (e) to be at his specified place of work, service, etc. in the executing State at specified times; Amendment 13 Article 6, paragraph 2, point (g a) (new) (ga) to avoid contact with specified persons or objects; Amendment 14 Article 6, paragraph 2, point (h) (h) to undergo specified medical treatment. (h) to undergo specified medical treatment subject to the suspect's consent; Amendment 15 Article 6, paragraph 2, point (h a) (new) (ha) to be subject to electronic monitoring. Amendment 16 Article 6, paragraph 2 a (new) 2a.  Each Member State shall notify the General Secretariat of the Council, when transposing this Framework Decision, of the obligations, apart from those laid down in paragraphs 1 and 2, that it is prepared to supervise. The General Secretariat of the Council shall make the information received available to all Member States and to the Commission. Amendment 17 Article 6, paragraph 3 3.  Any obligations imposed by the issuing authority in accordance with paragraphs 1, 2 and 3 of this Article shall be recorded in the European supervision order. 3.  Any obligations imposed by the issuing authority in accordance with paragraphs 1 and 2 shall be recorded in the European supervision order. Amendment 19 Article 6, paragraph 4, subparagraph 1 a (new) The modifications referred to in subparagraph 1 shall be of a technical nature only and shall not of themselves impose additional obligations on the suspect. Amendment 20 Article 8, paragraph 1 a (new) 1a.  At the request of the suspect, the European supervision order shall be transmitted to any other Member State whose competent authority consents to such transmission. Amendment 21 Article 10, paragraph 1 1.  A court, a judge, an investigating magistrate or a public prosecutor, in the requested State shall refuse to recognise and execute a European supervision order if it is clear that criminal proceedings for the offence in respect of which that order has been issued would infringe the ne bis in idem principle. 1.  The competent authority in the requested State shall refuse to recognise and execute a European supervision order if it is clear that criminal proceedings for the offence in respect of which that order has been issued would infringe the ne bis in idem principle. Amendment 22 Article 10, paragraph 2, introductory part 2.  A court, a judge, an investigating magistrate or a public prosecutor, in the requested State may refuse to recognise and execute a European supervision order on one or more of the following grounds: 2.  The competent authority in the requested State may refuse to recognise and execute a European supervision order on one or more of the following grounds: Amendment 23 Article 12, paragraph 1 1.  A court, a judge, an investigating magistrate or a public prosecutor, in the requested State shall, as soon as possible and in any case within 5 days of receipt of the European supervision order, decide whether to recognise and execute it or to invoke grounds for non-recognition and non-execution. The competent authority in the requested State shall inform the issuing authority of that decision by any means capable of producing a written record. 1.  The competent authority in the requested State shall, as soon as possible and in any case within 5 days of receipt of the European supervision order, decide whether to recognise and execute it or to invoke grounds for non-recognition and non-execution. The competent authority in the requested State shall inform the issuing authority of that decision by any means capable of producing a written record. Amendment 24 Article 12, paragraph 3 3.  Where the European supervision order is incomplete, the court, the judge, the investigating magistrate or the public prosecutor in the requested State may postpone its decision on the recognition and execution of the order until it has been completed by the issuing authority. 3.  Where the European supervision order is incomplete, the competent authority in the requested State may postpone its decision on the recognition and execution of the order until it has been completed by the issuing authority. Amendment 25 Article 12, paragraph 4 4.  If, in accordance with paragraph 3, the recognition and execution of the European supervision order is postponed, the court, the judge, the investigating magistrate or the public prosecutor in the requested State shall forthwith communicate a report detailing the grounds for postponement directly to the issuing authority by any means capable of producing a written record. 4.  If, in accordance with paragraph 3, the recognition and execution of the European supervision order is postponed, the competent authority in the requested State shall forthwith communicate a report detailing the grounds for postponement directly to the issuing authority by any means capable of producing a written record. Amendment 26 Article 12, paragraph 4 a (new) 4a.  The issuing authority shall inform the suspect of any postponement of the recognition and execution of the European supervision order. Amendment 27 Article 13, paragraph 4 4.  The suspect shall have the right to be heard by the issuing authority, in accordance with the law of the issuing State. This requirement may be satisfied through the use of appropriate video or telephone links with the issuing authority (hearing by video or telephone conference). The issuing authority shall also consult the executing authority on the review of the European supervision order. 4.  The suspect shall have the right to be heard by the issuing authority, in accordance with the law of the issuing State. This requirement may be met in accordance with the procedure provided for in Article 10 of the Convention of 29 May 2000 between the executing and the issuing authority. The issuing authority shall also consult the executing authority on the review of the European supervision order. Amendment 28 Article 17, paragraph 4 4.  Before the decision under paragraph 1 is taken, the suspect shall have the right to be heard by the issuing authority, in accordance with the law of the issuing State. This requirement may be satisfied through the use of appropriate video or telephone links between the executing and the issuing authority (hearing by video or telephone conference). The issuing authority shall also consult the executing authority. 4.  Before the decision under paragraph 1 is taken, the suspect shall have the right to be heard by the issuing authority, in accordance with the law of the issuing State. This requirement may be met in accordance with the procedure provided for in Article 10 of the Convention of 29 May 2000 between the executing and the issuing authority. The issuing authority shall also consult the executing authority. Amendment 29 Article 18 Conditions for arrest and transfer of the suspect Arrest and transfer of the suspect 1.  If the issuing authority decides that the suspect must be arrested and transferred to the issuing State, the suspect shall be heard by a judicial authority of the Member State on whose territory he is arrested. 1.  If the issuing authority decides that the suspect must be arrested and transferred to the issuing State, it shall issue a European arrest warrant in accordance with the provisions of Framework Decision 2002/584/JHA. 2.   If the suspect consents to his transfer the Member State on whose territory the suspect is arrested shall forthwith transfer him to the issuing State. 2.   Notwithstanding Article 2 (1) of that Framework Decision, a European arrest warrant may, in such a case, be issued and the suspect be transferred to the issuing State in connection with all the offences for which a European supervision order may be issued. 3.  If the suspect does not consent to his transfer the Member State on whose territory he is arrested shall forthwith transfer him to the issuing State. It may refuse the arrest and transfer only - if it is clear that criminal proceedings for the offence in respect of which that order has been issued would meanwhile infringe the ne bis in idem principle; - if the suspect is being prosecuted in the executing Member State for the same facts as those on which the European supervision order is based; - if the criminal prosecution or punishment of the suspect is statute-barred according to the law of the executing Member State and the acts fall within the jurisdiction of that Member State under its own criminal law; - if the decision to arrest and transfer concerns new facts not covered by the European supervision order. 4.  A Member State other than the executing State may also refuse to arrest and transfer the suspect on the basis of one or more of the grounds set out in Article 10. Amendment 30 Article 20 Article 20 Time limits for transfer deleted 1.  The suspect shall be transferred to the issuing State pursuant to Article 18 on a date mutually agreed between member States concerned and in any event no later than 3 days following the arrest. 2.  The transfer of a suspect may exceptionally be temporarily postponed for serious humanitarian reasons, for example, if there are reasonable grounds for believing that transfer would manifestly endanger the suspect's life or health. The issuing authority shall immediately be informed of any such postponement and of the reasons thereof. The transfer of the suspect shall take place as soon as these grounds have ceased to exist on a date agreed between the Member States concerned. Amendment 31 Article 21 Article 21 Transit deleted 1.  Each Member State shall permit the transit through its territory of a suspect who is being transferred pursuant to the provisions of this Framework Decision provided that it has been informed of: (a) the identity and nationality of the person subject to the European supervision order; (b) the existence of a European supervision order; (c) the nature and legal classification of the offence; (d) the circumstances of the offence, including the date and place. 2.  Each Member State shall designate an authority responsible for receiving transit requests and the necessary documents, as well as any other official correspondence relating to transit requests. Member States shall communicate this designation to the Council. 3.  The transit request and the information provided for in paragraph 1 may be addressed to the authority designated pursuant to paragraph 2 by any means capable of producing a written record. The Member State of transit shall notify its decision by the same procedure. 4.  This Framework Decision does not apply in the case of transport by air without a scheduled stopover. However, if an unscheduled landing occurs, the issuing State shall provide the authority designated pursuant to paragraph 2 with the information provided for in paragraph 1. Amendment 32 Article 22, paragraph 1 a (new) Paragraph 1 shall also apply where, for the purposes of Article 6(2)(d), the suspect has been forbidden under the European supervision order to leave his place of residence or any other dwelling-place for the entire period laid down in the order. Amendment 33 Title, below Article 22, Chapter 5a (new) CHAPTER 5 a - DATA PROTECTION Amendment 34 Article 22 a (new) Article 22a Data protection The processing of personal data for the purpose of this Framework Decision shall comply with at least the following basic principles: a) data processing shall only be undertaken insofar as it is permitted by law and is necessary and proportionate for the purpose of collection and/or further processing; b) data shall be collected only for specified and legitimate purposes and further processed in a way compatible with those purposes; c) data shall be accurate and updated; d) special categories of data concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, party or trade union membership, sexual orientation or health shall be processed only if absolutely necessary for the purpose of a specific case and in accordance with appropriate safeguards. Amendment 35 Article 22 b (new) Article 22b Rights of the data subject 1.  All data subjects shall be informed of the fact that personal data concerning them are being processed. The provision of that information may be delayed where necessary in order not to hamper the purposes for which the data are being processed. 2.  A data subject shall have the right to obtain, without undue delay, information as to which data are being processed in a language which he or she understands, as well as to rectify and, where appropriate, erase data processed in breach of the principles referred to in Article 22a. 3.  The provision of information under paragraphs 1 or 2 may be refused or delayed, where strictly necessary: (a) to protect security and public order; (b) to prevent a crime; (c) so as not to hamper the investigation and prosecution of criminal offences; (d) to protect the rights of third parties.

European Parliament legislative resolution of 29 November 2007 on the proposal for a Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law (11522/2007 – C6-0246/2007 – 2001/0270(CNS))

P6_TA(2007)0552 A6-0444/2007

(Consultation procedure - Renewed consultation)

The European Parliament,

–   having regard to the Council proposal (11522/2007),

–   having regard to the Commission proposal to the Council (COM(2001)0664)(1),

–   having regard to its position of 4 July 2002(2),

–   having regard to Article 34(2)(b) of the EU Treaty,

–   having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament again (C6-0246/2007),

–   having regard to Articles 93, 51 and 55(3) of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0444/2007),

1.  Approves the Council proposal as amended;

2.  Calls on the Council to alter its proposal accordingly;

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

4.  Calls on the Council to consult Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Text proposed by the Council   Amendments by Parliament Amendment 1 Recital 6 (6)  Member States acknowledge that combating racism and xenophobia require various kinds of measures in a comprehensive framework and may not be limited to criminal matters. This Framework Decision is limited to combating particularly serious forms of racism and xenophobia by means of criminal law. Since the Member States" cultural and legal traditions are, to some extent, different, particularly in this field, full harmonisation of criminal laws is currently not possible. (6)  Member States acknowledge that combating racism and xenophobia require various kinds of measures in a comprehensive framework and may not be limited to criminal matters. It is necessary to ensure a culture of tolerance embracing both State and society. This Framework Decision is limited to combating particularly serious forms of racism and xenophobia by means of criminal law. Since the Member States" cultural and legal traditions are, to some extent, different, particularly in this field, full harmonisation of criminal laws is currently not possible. Amendment 2 Recital 6 a (new) (6a)  This Framework Decision establishes a minimum level of harmonisation and its effectiveness is limited by the derogations which it provides, including those in Article 1(2). Amendment 3 Recital 6 b (new) (6b)  Legislative policy should reflect the fact that in a democratic society the criminal law is always a last resort, and should take into account all the values at stake, including the right to free expression and the right of all individuals to equal consideration and respect. Amendment 4 Recital 9 a (new) (9a)  The commission of a racist or xenophobic offence by an office holder should be treated as an aggravating circumstance. Amendment 5 Article 1, paragraph 1, point (b) (b) the commission of an act referred to in point a) by public dissemination or distribution of tracts, pictures or other material; (b) the public dissemination or distribution of tracts, pictures or other material whose content constitutes an act within the meaning of points (a), (c) or (d); Amendment 6 Article 1, paragraph 1, point (e) (e)  For the purpose of paragraph 1 Member States may choose to punish only conduct which is either carried out in a manner likely to disturb public order or which is threatening, abusive or insulting. (e)  For the purpose of this paragraph, Member States may choose to punish only conduct which is either carried out in a manner which is threatening, abusive or insulting. Amendment 7 Article 1, paragraph 1, point (f) (f)  For the purpose of paragraph 1, the reference to religion is intended to cover, at least, conduct which is a pretext for directing acts against a group of persons or a member of such a group defined by reference to race, colour, descent, or national or ethnic origin. (f)  For the purpose of this paragraph, the reference to religion is intended to cover, at least, conduct which is a pretext for directing acts against a group of persons or a member of such a group defined by reference to race, colour, descent, or national or ethnic origin. A Member State should not, however, exempt from criminal liability speeches or behaviour liable to stir up hatred. Respect for freedom of religion shall not hinder the effectiveness of this Framework Decision. Amendment 8 Article 1, paragraph 2 2.  Any Member State may, at the time of the adoption of this Framework Decision by the Council, make a statement that it will make punishable denying or grossly trivialising the crimes referred to in paragraph 1(c) and/or (d), only if the crimes referred to in these paragraphs have been established by a final decision of a national court of this Member State and/or an international court or by a final decision of an international court only. 2.  Any Member State may, at the time of the adoption of this Framework Decision by the Council, make a statement that it will make punishable denying or grossly trivialising the crimes referred to in paragraph 1(c) and/or (d), only if the crimes referred to in these paragraphs have been established by a final decision of a national court of this Member State and/or an international court. Amendment 9 Article 2, paragraph 2 2.  Each Member State shall take the measures necessary to ensure that instigating the conduct referred to in Article 1(c) and (d) is punishable. 2.  Each Member State shall take the measures necessary to ensure that instigating the conduct referred to in Article 1 is punishable. Amendment 10 Article 5, paragraph 1 1.  Each Member State shall take the necessary measures to ensure that legal persons can be held liable for the conduct referred to in Articles 1 and 2, committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on: 1.  Each Member State shall take the necessary measures to ensure that legal persons can be held liable for the conduct referred to in Articles 1 and 2, committed by any person who has a leading position within the legal person, based on: (a) a power of representation of the legal person, or (b) an authority to take decisions on behalf of the legal person, or (c) an authority to exercise control within the legal person. (a) a power of representation of the legal person, or (b) an authority to take decisions on behalf of the legal person, or (c) an authority to exercise control within the legal person. and who has acted in that capacity. Amendment 11 Article 5, paragraph 2 2.  Apart from the cases already provided for in paragraph 1, each Member State shall take the necessary measures to ensure that a legal person can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of the conduct referred to in Articles 1 and 2 for the benefit of that legal person by a person under its authority. 2.  Apart from the cases already provided for in paragraph 1, each Member State shall take the necessary measures to ensure that a legal person can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of the conduct referred to in Articles 1 and 2 by a person under its authority for whose actions the legal person may be held liable under national law. Amendment 12 Article 5, paragraph 3 3.  Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators or accessories in the conduct referred to in Articles 1 and 2. 3.  Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or accessories in the conduct referred to in Articles 1 and 2. Amendment 13 Article 7 a (new) Article 7a Minimum provisions 1.  Member States may adopt or maintain a higher level of protection in the fight against racism and xenophobia than that arising from the provisions of this Framework Decision. 2.  Implementation of this Framework Decision shall in no circumstances constitute grounds for lowering the level of protection already ensured by the Member States in the areas governed by this Framework Decision. 3.  Nothing in this Framework Decision may be interpreted as affecting any obligations incumbent on the Member States under the International Convention on the Elimination of All Forms of Racial Discrimination of 7 March 1966. The Member States shall implement this Framework Decision in line with those obligations. Amendment 15 Article 7, paragraph 2 2.  This Framework Decision shall not have the effect of requiring Member States to take measures in contradiction to fundamental principles relating to freedom of association and freedom of expression, in particular freedom of the press and the freedom of expression in other media as they result from constitutional traditions or rules governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. 2.  This Framework Decision shall not have the effect of requiring Member States to take measures in contradiction with the common fundamental principles of the Member States relating to freedom of association and freedom of expression, in particular freedom of the press and the freedom of expression in other media as they result from constitutional traditions or rules governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. Amendment 16 Article 9, paragraph 1 1.  Each Member State shall take the necessary measures to establish its jurisdiction with regard to the conduct referred to in Articles 1 and 2 where the conduct has been committed: (a) in whole or in part within its territory; or (b) by one of its nationals; or (c) for the benefit of a legal person that has its head office in the territory of that Member State. 1.  Each Member State shall take the necessary measures to establish its jurisdiction with regard to the conduct referred to in Articles 1 and 2 where : (a) the conduct has been committed in whole or in part within its territory; or (b) the conduct has been committed by one of its nationals; or (c) the head office of the legal person that may be held liable is situated in the territory of that Member State. Amendment 17 Article 10, paragraph 3 3.  Before the expiry of three years after the deadline referred to in Article 10(1), the Council shall review this Framework Decision. For the preparation of this review, the Council shall ask Member States whether they have experienced difficulties in judicial cooperation with regard to the offences under Article 1 paragraph 1. In addition, the Council may request Eurojust to submit a report, on whether differences between national legislations have resulted in any problems regarding judicial cooperation between the Member States in this area. 3.  Before the expiry of three years after the deadline referred to in Article 10(1), the Council shall review this Framework Decision. For the preparation of this review, the Council shall ask Member States whether they have experienced difficulties in judicial cooperation with regard to the offences under Article 1, paragraph 1 and shall consult the European Parliament. When conducting the review, the Council shall take account of the opinion of the European Agency for Fundamental Rights and of the NGOs active in the field. In addition, the Council may request Eurojust to submit a report, on whether differences between national legislations have resulted in any problems regarding judicial cooperation between the Member States in this area. Amendment 18 Article 12 12.  This Framework Decision shall apply to Gibraltar. 12.  This Framework Decision shall also apply to Gibraltar.

(1) OJ C 75 E, 26.3.2002, p. 269. (2) OJ C 271 E, 12.11.2003, p. 558.

European Parliament legislative resolution of 29 November 2007 on the draft Council decision amending the Protocol on the Statute of the Court of Justice with regard to the treatment of questions referred for a preliminary ruling concerning the area of freedom, security and justice (11824/2007 – C6-0292/2007 – 2007/0812(CNS))

P6_TA(2007)0553 A6-0451/2007

(Consultation procedure)

The European Parliament,

–   having regard to the draft Council decision (11824/2007),

–   having regard to Article 245 (2) of the EC Treaty and Article 160 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0292/2007),

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

–   having regard to the report of the Committee on Legal Affairs (A6-0451/2007),

1.  Approves the draft Council decision;

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 text submitted for consultation substantially;

4.  Instructs its President to forward its position to the Council, the Commission and the Court of Justice.

European Parliament decision of 29 November 2007 on the request for defence of the immunity and privileges of Renato Brunetta (2007/2172(IMM))

P6_TA(2007)0554 A6-0449/2007

The European Parliament,

–   having regard to the request by Renato Brunetta for defence of his immunity in connection with civil proceedings brought against him before the District Court in Milan, of 18 January 2007, announced in plenary sitting on 31 January 2007,

–   having heard Renato Brunetta in accordance with Rule 7(3) of its Rules of Procedure,

–   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–   having regard to the judgments of 12 May 1964 and 10 July 1986(1) of the Court of Justice of the European Communities,

–   having regard to Rules 6(3) and 7 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0449/2007),

1.  Decides to defend the immunity and privileges of Renato Brunetta;

2.  Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authorities of the Italian Republic.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.

European Parliament legislative resolution of 29 November 2007 on the Council common position for adopting a directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (10076/6/2007 – C6-0352/2007 – 2005/0260(COD))

P6_TA(2007)0555 A6-0442/2007

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (10076/6/2007 – C6-0352/2007),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2005)0646),

–   having regard to the amended Commission proposal (COM(2007)0170),

–   having regard to Article 251(2) of the EC Treaty,

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

–   having regard to the recommendation for second reading of the Committee on Culture and Education (A6-0442/2007),

1.  Approves the common position;

2.  Notes that the act is adopted in accordance with the common position;

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

4.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

(1) Texts adopted of 13 December 2006, P6_TA(2006)0559.

European Parliament legislative resolution of 29 November 2007 on the proposal for a directive of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, as regards the implementing powers conferred on the Commission (COM(2006)0919 – C6-0030/2007 – 2006/0295(COD))

P6_TA(2007)0556 A6-0277/2007

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0919),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0030/2007),

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

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0277/2007),

1.  Approves the Commission proposal as amended;

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

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

Position of the European Parliament adopted at first reading on 29 November 2007 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, as regards the implementing powers conferred on the Commission

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2008/29/EC.)

European Parliament legislative resolution of 29 November 2007 on the proposal for a directive of the European Parliament and of the Council amending Directive 2004/49/EC on safety on the Community's railways (COM(2006)0784 – C6-0493/2006 – 2006/0272(COD))

P6_TA(2007)0557 A6-0346/2007

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0784),

–   having regard to Article 251(2) and Article 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0493/2006),

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

–   having regard to the report of the Committee on Transport and Tourism (A6-0346/2007),

1.  Approves the Commission proposal as amended;

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

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

Position of the European Parliament adopted at first reading on 29 November 2007 with a view to the adoption of directive 2008/.../EC of the European Parliament and of the Council amending Directive 2004/49/EC on safety on the Community's railways

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission ║,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the procedure referred to in Article 251 of the Treaty(3),

Whereas:

(1)  With a view to pursuing the efforts to create a single market in rail transport services, the European Parliament and the Council have adopted Directive 2004/49/EC(4) establishing a common regulatory framework for railway safety.

(2)  Article 14 of Directive 2004/49/EC has established a common procedure for authorising the placing in service of rolling stock. However, experience has shown that the implementation of such a procedure at national level is often complicated and subject to national requirements that are different and lacking in transparency, or are even repetitive. Consequently, this procedure poses a major obstacle to the creation of new railway undertakings, particularly in the freight sector. Steps should therefore be taken to clarify the procedure for certifying the existing rolling stock and defining the relevant limits and implementing rules. In particular, in the spirit of the principle of mutual recognition, measures should be taken, involving the placing of limits on the number of elements that the competent authority may examine, so as to make it easier to obtain an entry-into-service authorisation in a Member State other than the one which issued the initial authorisation.

(3)  To this end, all of the technical and safety rules in force in each Member State should be classified under three groups and the results of this classification presented in a reference document. The first group should cover the international rules along with any national rules that have been declared equivalent and in respect of which a check carried out in a single Member State is sufficient in railway safety terms. The second group should cover all other national rules as well as rules that have not yet been classified. The third group should cover the rules that are necessary to ensure technical compatibility between the rolling stock featuring in the authorisation application and the envisaged infrastructure.

(4)  The European Railway Agency, set up under Regulation (EC) No 881/2004(5), has a mandate to develop technical specifications for interoperability (TSIs), and must therefore, as a first step, examine the existing national technical rules. Furthermore, under Directive 2004/49/EC, it must publish the national safety rules. Lastly, it must harmonise the criteria for the safety certification of the railway undertakings – a task that will also include requirements governing the acceptance of the rolling stock used by these undertakings. Consequently, the Agency is the most appropriate body to devise the abovementioned reference document.

(5)  Following developments at international level and, in particular, following the entry into force of the new Convention concerning International Carriage by Rail (1999 COTIF Convention), it is necessary to define the concept of "wagon keeper" and to specify the relationship between railway undertakings and keepers, notably in the field of maintenance.

(6)  Since the main objective of the proposed action, namely the simplification of the Community procedure for the certification of railway rolling stock, cannot be sufficiently achieved by the Member States, and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the principle of proportionality set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(7)  Directive 2004/49/EC provides that certain measures are to 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(6).

(8)  Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory control procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(9)  In particular, the Commission should be empowered to revise and adapt Annexes, to adopt and revise common safety measures and common safety objectives, and also to establish a maintenance certification system for keepers, such measures being necessary for the implementation of Directive 2004/49/EC. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/49/EC, inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory ▌ procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. When, on imperative grounds of urgency, the normal time limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to have recourse to the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adoption of the measures provided for in Directive 2004/49/EC.

(10)  In accordance with paragraph 34 of the Inter-institutional agreement on better law-making(7), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between Directive 2004/49/EC and their transposition measures, and to make those tables public.

(11)  Directive 2004/49/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2004/49/EC is amended as follows.

(1)  The following point (f) shall be added to Article 1:

(2)  Article 3 shall be amended as follows:

a)   point (h) shall be replaced by the following:

b)   the following point (ha) shall be inserted:

(ha) "essential requirements" means all the conditions set out in Annex III of Directive …/…/EC of the European Parliament and of the Council of ... [Interoperability Directive]*(8) which must be met by the rail system, the subsystems, and the interoperability constituents, including interfaces;

_____________

* OJ L ...

c)   the following point (s) shall be added:

3)   in Article 4(4) the term "wagon operator" shall be replaced by "vehicle keeper";

(  4) Article 5(2) shall be replaced by the following:

2.  Before 30 April 2009, Annex I shall be revised, particularly with a view to incorporating therein the CSI common definitions and the common methods for calculating the cost of accidents. The measures designed to amend non-essential elements of this Directive, inter alia by supplementing it with new elements, relating to the implementation of this paragraph shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2a). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 27(2b).

(5)  Article 6 shall be amended as follows:

a)   paragraph 1 shall be replaced by the following:

1.  An initial series of CSMs covering, as a minimum, the methods described in paragraph 3(a) shall be adopted by the Commission before 30 April 2008. They shall be published in the Official Journal of the European Union.

A second series of CSMs covering the remaining methods described in paragraph 3 shall be adopted by the Commission before 30 April 2010. They shall be published in the Official Journal of the European Union.

The measures designed to amend non-essential elements of this Directive, inter alia by supplementing it with new elements, relating to the implementation of this paragraph shall be adopted in accordance with the ║ regulatory procedure with scrutiny referred to in Article 27(2a). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 27(2b).";

b)   paragraph (4) shall be replaced by the following:

4.  "4. The CSMs shall be revised at regular intervals, taking into account the experience gained from their application and the global development of railway safety and the obligations on Member States as laid down in Article 4(1). The measures designed to amend non-essential elements of this Directive, inter alia by supplementing it with new elements, relating to the implementation of this paragraph shall be adopted in accordance with the regulatory ║ procedure with scrutiny referred to in Article 27(2a). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 27(2b).

(6)  Article 7 shall be amended as follows:

a)   in paragraph 3, the first and second subparagraphs shall be replaced by the following:

The first set of draft CSTs shall be based on an examination of existing targets and safety performance in the Member States and shall ensure that the current safety performance of the rail system is not reduced in any Member State. They shall be adopted by the Commission before 30 April 2009 and shall be published in the Official Journal of the European Union. ▌

The second set of draft CSTs shall be based on the experience gained from the first set of CSTs and their implementation. They shall reflect any priority areas where safety needs to be further improved. They shall be adopted by the Commission before 30 April 2011 and shall be published in the Official Journal of the European Union. The measures designed to amend non-essential elements of this Directive, inter alia by supplementing it with new elements, relating to the first and second draft CSTs shall be adopted in accordance with the regulatory ║ procedure with scrutiny referred to in Article 27(2a). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 27(2b).";

b)   in paragraph 3, the following subparagraph shall be added:

"Before drafting or revising CSTs, a cost-benefit analysis must demonstrate that the expected effect of the development of CSTs shall improve the level of transport safety and the optimum use of the railway system.

c)   paragraph 5 shall be replaced by the following:

5.  The CSTs shall be revised at regular intervals, taking into account the global development of railway safety. The measures designed to amend non-essential elements of this Directive, inter alia by supplementing it with new elements, relating to the implementation of this paragraph shall be adopted in accordance with the regulatory ║ procedure with scrutiny referred to in Article 27(2a). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 27(2b).

(7)  Article 10 shall be amended as follows:

a)   in paragraph 1, the second subparagraph shall be replaced by the following:

The purpose of the safety certificate is to provide evidence that the railway undertaking has established its safety management system and can meet requirements laid down in TSIs and other relevant Community legislation and in national safety rules in order to control risks and provide transport services on the network under a high level of safety.

b)   in paragraph 2, point (b) shall be replaced by the following:

(b) certification confirming acceptance of the provisions adopted by the railway undertaking to meet specific requirements necessary for the supply of its services on the relevant network under a high level of safety. These requirements may concern the application of the TSIs and national safety rules, including the network operating rules, acceptance of staff certificates and authorisation to operate the rolling stock used by the railway undertaking. The certification shall be based on documentation submitted by the railway undertaking as described in Annex IV.";

(8)  Article 14 shall be replaced by the following:

"Article 14

Placing in service of railway vehicles

Railway vehicles that have been authorised to be placed in service in one Member State ▌ shall be subject to a further authorisation prior to being placed in service in any other Member State pursuant to the requirements laid down in Articles [...] of Directive .../...EC [Interoperability Directive].(10)

▌

9)   the following Article 14a ▌shall be inserted:

▌

"Article14a

Maintenance of vehicles

1.  Whenever a vehicle is placed in service, a keeper shall be designated for each vehicle. The keeper shall be responsible for the maintenance of the vehicle. A railway undertaking may be a keeper.

2.  The railway undertaking shall be responsible for the operating safety of vehicles placed in service on the network. In order to demonstrate, in the context of the safety certification provided for in Article 10, that the rolling stock is being maintained in accordance with the requirements in force, the railway undertaking shall give details of the keepers and shall provide documentation explaining the procedures applied by those keepers in carrying out such maintenance.

3.  Where a railway undertaking uses vehicles for which it is not the keeper, the railway undertaking shall put in place the procedures needed to verify compliance with the requirements in force including maintenance rules in accordance with the TSI provisions. In the event of a change of keeper, the previous keeper shall provide all the maintenance files in his possession to the new keeper before the change is recorded in the National Vehicle Register.

4.  The Commission shall establish, by 1 January 2010, a mandatory maintenance certification system for keepers of wagons and other vehicles based on a recommendation from the Agency. The measures, designed to amend non-essential elements of this Directive, inter alia by supplementing it with new elements, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2a). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 27(2b).";

10)   the following Article 17a shall be inserted:

Article 17a

Decisions subject to opinions by the Agency

The Agency may be requested, by an applicant, to provide a technical opinion on a decision in the negative taken by a safety authority as regards the granting of a safety certificate or a safety authorisation pursuant to Articles 10 and 11.

(11)  Article 26 shall be replaced by the following:

Article 26

Adaptation of the Annexes

The measures designed to amend non-essential elements of this Directive, by adapting the Annexes to scientific and technical progress, shall be adopted in accordance with the regulatory ║ procedure with scrutiny referred to in Article 27(2a). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 27(2b).";

12)   in Article 27, the following paragraphs 2a and 2b shall be inserted:

"2a. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

2b.  Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

▌

Article 2

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than ...(11). They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt these provisions, the latter shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

2.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the […] day following the day of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at ║,

For the European Parliament For the Council

The President The President

▌

(1) OJ C 256, 27.10.2007, p 39. (2) OJ C (3) Position of the European Parliament of 29 November 2007. (4) OJ L 164, 30.4.2004, p. 44. Corrected version in OJ L 220, 21.6.2004, p. 16. (5) OJ L 164, 30.4.2004, p 1. Corrected version in OJ L 220, 21.6.2004, p. 3. (6) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). (7) OJ C 321, 31.12.2003, p. 1. (8) + OJ: please insert number and date of the Directive. (9) ++ OJ: please insert number of the Directive. (10) + OJ: please insert number of the Directive. (11) * 24 months after the entry into force of this Directive.

European Parliament legislative resolution of 29 November 2007 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) N° 881/2004 establishing a European Railway Agency (COM(2006)0785 – C6-0473/2006 – 2006/0274(COD))

P6_TA(2007)0558 A6-0350/2007

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0785),

–   having regard to Article 251(2) and Article 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0473/2006),

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

–   having regard to the report of the Committee on Transport and Tourism (A6-0350/2007),

1.  Approves the Commission proposal as amended;

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

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

Position of the European Parliament adopted at first reading on 29 November 2007 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 881/2004 establishing a European Railway Agency

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission║,

║

Having regard to the opinion of the European Economic and Social Committee(1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure referred to in Article 251 of the Treaty(2),

Whereas:

(1)  Regulation (EC) No 881/2004 of the European Parliament and of the Council(3) established a European Railway Agency to make a technical contribution to creating a European railway area without frontiers. Following developments in Community legislation on rail interoperability and safety, market developments and on the basis of the experience gained in operating the Agency and the relationship between the Agency and the Commission, certain amendments need to be made to Regulation (EC) No 881/2004, and in particular certain tasks need to be added.

(2)  Article 14 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways(4) established a common procedure for authorising the placing into service of rolling stock. In the spirit of the principle of mutual recognition, the procedure for obtaining an entry-into-service authorisation in a Member State other than the one which issued a first authorisation must be facilitated by limiting the elements which the competent authority may examine. To this end, all the technical and safety rules in force in each Member State should be classified into three groups and the results of this classification should be presented in a reference document. The Agency is therefore required to facilitate this classification by cross-referencing the national rules for each of the relevant parameters and by providing ad hoc technical opinions on specific aspects of projects.

(3)  National rules are to be notified to the Commission both in accordance with Directive 2008/.../EC of the European Parliament and of the Council of ... [Interoperability Directive](5) and Directive 2004/49/EC. The dividing line between the two sets of rules is unclear because the safety rules partly concern the subsystems, which themselves are also subject to interoperability rules. The two sets of rules should therefore be compared, classified and then presented in a coherent manner on the Agency's website.

(4)  Under Article 13 of Regulation (EC) No 881/2004, the Agency may monitor the quality of the work of the bodies notified by the Member States. A study conducted by the Commission has shown that there is much scope for interpretation of the criteria to be applied for notifying these bodies. Without prejudice to the Member States" responsibility with regard to the bodies that they choose to notify and the checks that they make to ensure that these criteria have been met, it is import to assess the impact of such differences in interpretation and to check that they do not cause difficulties with regard to the mutual recognition of conformity certificates and the EC declaration of verification. The Agency should therefore be able to assume a coordinating role in this area, for example by undertaking missions to collect information.

(5)  Article 15 of Regulation (EC) No 881/2004 authorises the Agency to assess, at the request of the Commission and from the point of view of interoperability, applications for Community funding for railway infrastructure projects. The definition of "infrastructure projects" should be extended so that the coherence of the system can also be assessed, as in the case of projects implementing the ERTMS system, for example.

(6)  Following developments of an international dimension, and in particular the entry into force of the new Convention concerning International Carriage by Rail (1999 COTIF Convention) ║, the Agency should be asked to assess the relationship between railway undertakings and keepers of rolling stock, particularly with regard to maintenance, and to formulate recommendations where necessary. This task should be an extension of the Agency's work in the area of maintenance workshop certification.

(7)  Following adoption of the third railway package║, reference should be made to Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community(6), which lays down various tasks to be performed by the Agency.

(8)  Since the adoption of the second rail package, several initiatives relating to the development and implementation of the ERTMS system have been taken. These include the signing of a cooperation agreement between the Commission and the various stakeholders in the sector, the setting up of a steering committee for implementing this cooperation agreement, the adoption by the Commission of a Communication on the implementation of the ERTMS(7), the appointment, by Decision ….(8), of a European coordinator for the ERTMS project as a priority project of Community interest, the definition of the Agency's role as system authority in the context of the various annual work programmes, and the adoption of the "control-command and signalling" technical specifications for interoperability (TSIs) for conventional rail(9). Given the growing importance of the Agency's input in this area, its tasks should be specified.

(9)  The Agency now has a large number of experts specialising in the interoperability and safety of the European rail system. The Agency should be authorised to carry out ad hoc tasks at the Commission's request, subject to the compatibility of the ad hoc task with the Agency's mission, the availability of budget resources and compliance with the Agency's other priorities.

(10)  The date by which the Agency's annual work programme must be adopted should be amended to allow for better synchronisation with the budgetary decision-making process.

(11)  The Agency's work programme should identify the objective of each activity and to whom it is to be addressed. The Commission should also be informed of the technical results of each activity as this information goes well beyond the scope of the general report, which is addressed to all the institutions.

(12)  Since the main objective of the proposed action, namely the extension of the Agency's mission to include its participation in the simplification of the Community procedure for the certification of railway rolling stock, cannot be sufficiently achieved by the Member States, and can therefore, by reason of the scale of that action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 881/2004 is hereby amended as follows:

(1)  Article 3(1) shall be replaced by the following:

1.  For drawing up the recommendations provided for in Articles 6, 7, 12, 14, 16, 17 and 18, the Agency shall establish a limited number of working parties. These working parties shall take as a basis, on the one hand, the expertise built up by professionals from the railway sector, in particular the experience gained by the European Association for Railway Interoperability (AEIF), and, on the other hand, the expertise of the competent national authorities. The Agency may, where necessary, set up horizontal working parties in order to cover cross-disciplinary subjects such as health and safety at work.

The Agency shall ensure that its working parties are competent and representative and that they include adequate representation of those sectors of industry and of those users affected by measures which might be proposed by the Commission on the basis of the recommendations addressed to it by the Agency. The work of the working parties shall be carried out in a transparent manner.

Whenever the work provided for in Articles 6, 12, 16 and 17 has a direct impact on the working conditions and the health and safety of workers in the industry, representatives from the workers" organisations shall participate in the relevant working parties.";

2)   ║Article 8a shall be inserted:

"Article 8a

Classification of national rules

1.  The Agency shall facilitate Member States" acceptance of rolling stock put into service in another Member State in accordance with the procedures laid down in paragraphs 2 to 5 of this Article.

2.  The Agency shall progressively create and update a reference document cross-referencing all the national rules applied by the Member States for placing rolling stock in service. This document shall contain the national rules of each Member State for each of the parameters listed in Annex ... of Directive 2008/.../EC of the European Parliament and of the Council of ... [Interoperability Directive]*, and also specify the Annex ... group to which these rules belong. These rules shall include those notified under Article 16(3) of Directive 2008/.../EC [Interoperability Directive], those notified following adoption of TSIs (specific cases, open issues, exceptions) and those notified under Article 8 of Directive 2004/49/EC.

Initially, the Agency shall identify and compare the differences between Member States regarding safety clearance for infrastructure and rolling stock.

For the purposes of such work, a working party shall be set up; in addition, the involvement of stakeholders shall be secured in accordance with Article 3, and representation of the social partners consulted pursuant to Article 4.

3.  With the cooperation of the national safety authorities established under Article 6(5) to gradually reduce the national rules in Group B, the Agency shall regularly update the reference document and forward it to the Commission. The first version of the document shall be presented to the Commission no later than ...(10).

4.  The Agency may be called upon by a national safety authority, as part of the action taken in response to a request for entry-into-service authorisation, or by the Commission to provide technical opinions on:

5.  Before 1 January 2010, the Agency, after consultation with the national safety authorities, shall propose solutions to reduce the number and scope of the national rules relating to the classification of rolling stock in Group B.

6.  As from 2015, and in cooperation with national competent safety authorities, the Agency shall be entrusted with the task of granting authorisations for placing in service vehicles conforming to TSIs.

_______________

* OJ L ...

(3)  Article 10 shall be amended as follows:

4)   in Article 11, the following paragraph 4 shall be added:

4.  "4. The Agency shall, with the agreement of the Member States and the Commission, specify the practical arrangements for forwarding the documents referred to in paragraph 1.";

(5)  Article 13 shall be replaced by the following ║:

"Article 13

Notified bodies

Without prejudice to the responsibility of Member States for the notified bodies which they appoint, the Agency may, at the request of the Commission, check to ensure that the criteria for the notification of these bodies, which are listed in Annex VII to Directive 2008/.../EC [Interoperability Directive], are met and to assess the quality of the work of these bodies. The Agency shall, if necessary, issue an opinion to the Commission.";

(6)  Article 15 shall be replaced by the following║:

"Article 15

Interoperability of the rail system

At the request of the Commission, the Agency shall examine, from the point of view of interoperability, any project involving the renewal, upgrading or construction of the rail system for which an application for Community financial aid has been submitted. Within a period to be agreed with the Commission according to the importance of the project and the resources available, the Agency shall give an opinion on whether the project conforms with the relevant TSIs. This opinion shall take full account of the exceptions provided for by Article 7 of Directive 96/48/EC and Article 7 of Directive 2001/16/EC.";

7)   ║Article 16a shall be inserted:

"Article 16a

Relationship between vehicle keepers and railway undertakings

1.  Within a period of:

2.  The Agency's recommendations shall cover in particular the following aspects:

(8)  Article 17 shall be amended as follows:

(9)  Article 18 shall be replaced by the following ║:

"Article 18

Registration of rolling stock

The Agency shall draw up and recommend to the Commission a standard application form for registration and common specifications for the national vehicle register in accordance with Article 14 of Directive 2008/.../EC [Interoperability Directive].";

(10)  Article 18a shall be inserted:

"Article 18a

European Register of authorised types of vehicles

The Agency shall set up and keep a European Register of authorised types of vehicles. This register shall include the types of rail vehicle authorised by Member States and shall be accessible electronically. Member States shall inform the Agency regularly of any authorisations granted or suspended.";

(11)  Article 19 shall be amended as follows:

a)   the following point (e) shall be added in paragraph 1:

b)   the following paragraph shall be added:

5.  "5. The databases created under this Article and under Article 11 shall be consistent with each other, particularly with regard to the national rules.";

(12)  Chapter 4 shall be amended as follows:

a)   the title of Chapter 4 shall be replaced by the following ║:

"SPECIAL TASKS";

13)   ║ Articles 21a and 21b shall be inserted:

"Article 21a

ERTMS

1.  The Agency shall assume the role of systems authority for developing and implementing the European Rail Traffic Management System ("ERTMS"). To that end, the Agency shall assume the tasks set out in paragraphs 2 to 5 of this Article.

2.  The Agency shall set up a procedure for managing requests for changes to specifications of the ERTMS.

3.  The Agency shall support the efforts of the Commission in migrating to ERTMS and coordinating installation of the ERTMS along the trans-European transport corridors.

4.  The Agency, in cooperation with the notified bodies and national safety authorities, shall supervise the application of the procedures for "EC" verification and putting into service in the context of specific projects, particularly with a view to assessing technical compatibility between infrastructure and rolling stock fitted by different constructors. The Agency shall, if necessary, recommend appropriate measures to the Commission.

5.  The Agency shall develop a strategy for managing the different versions of the ERTMS with a view to ensuring technical and operational compatibility between infrastructure and rolling stock fitted with different versions.

6.  At the request of a railway undertaking, an infrastructure manager or supplier, the Agency shall provide a technical opinion on which version of the ERTMS system specifications should apply.

Article 21b

Other tasks

The Agency shall, in agreement with or at the request of the Commission, perform any ad hoc task which is consistent with its mission as stated in Article 1, even if that task is not expressly provided for in this Regulation or in the work programme provided for in Article 25(2)(c).";

(14)  Article 24(3), first indent shall be replaced by the following:

"- temporary employees recruited by the Agency, for a maximum of five years, from professionals in the sector on the basis of their qualifications and experience in the field of railway safety and interoperability.";

(15)  Article 25 shall be amended as follows:

a)   in paragraph 2, point (c) shall be replaced by the following ║:

b)   the following paragraph 3 shall be added:

3.  "3. The Agency's work programme shall identify the objectives of each activity. As a general rule, each activity and/or each outcome shall be the subject of a report to the Commission.";

16)   ║ Article 26(1) shall be replaced by the following ║:

1.  "1. The Administrative Board shall be composed of one representative of each Member State appointed by that Member State and four representatives appointed by the Commission, as well as of six representatives, without the right to vote, the latter representing at European level the following groups:

For each of these groups, the Commission shall appoint a representative and an alternate from a shortlist of four names submitted by their respective European organisations.

Board members and their alternates shall be appointed on the basis of their relevant experience and expertise.";

17)   ║ Article 36(1) shall be replaced by the following ║:

1.  "1. The Agency shall be open to participation by European countries and countries within the scope of the European Neighbourhood Policy which have concluded agreements with the European Community under which the countries concerned have adopted and are applying Community legislation in the field covered by this Regulation.

______________

See Commission Communication COM(2004)0373 of 12 May 2004.

Article 2

This Regulation shall enter into force on the 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

(1) 1 OJ C 256, 27.10.2007, p. 39. (2) 2 Position of the European Parliament of 29 November 2007. (3) OJ L 164, 30.4.2004, p. 1; Corrected version in OJ L 220, 21.6.2004, p. 3. (4) OJ L 164, 30.4.2004, p. 44; Corrected version in OJ L 220, 21.6.2004, p. 16. (5) OJ L... (6) OJ L 315, 3.12.2007, p. 51. (7) OJ … (8) OJ … (9) OJ … (10) * One year after the entry into force of this Regulation. (11) * Date of entry into force of this Regulation.

European Parliament legislative resolution of 29 November 2007 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons (COM(2006)0093 – C6-0081/2006 – 2006/0031(COD))

P6_TA(2007)0559 A6-0276/2007

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0093),

–   having regard to Article 251(2) and Article 95(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0081/2006),

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

–   having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0276/2007),

1.  Approves the Commission proposal as amended;

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

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

Position of the European Parliament adopted at first reading on 29 November 2007 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2008/51/EC.)

European Parliament legislative resolution of 29 November 2007 on the proposal for a regulation of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) (COM(2005)0650 – C6-0441/2005 – 2005/0261(COD))

P6_TA(2007)0560 A6-0450/2007

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0650),

–   having regard to Article 251(2) and Articles 61(c) and 67(5) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0441/2005),

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

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Employment and Social Affairs (A6-0450/2007),

1.  Approves the Commission proposal as amended;

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

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

Position of the European Parliament adopted at first reading on 29 November 2007 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I)

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 593/2008.)

European Parliament legislative resolution of 29 November 2007 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1829/2003 on genetically modified food and feed, as regards the implementing powers conferred on the Commission (COM(2006)0912 – C6-0027/2007 – 2006/0307(COD))

P6_TA(2007)0561 A6-0299/2007

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0912),

–   having regard to Article 251(2) and Articles 37, 95 and 152, pursuant to which the Commission submitted the proposal to Parliament (C6-0027/2007),

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

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0299/2007),

1.  Approves the Commission proposal as amended;

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

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

Position of the European Parliament adopted at first reading on 29 November 2007 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 1829/2003 on genetically modified food and feed, as regards the implementing powers conferred on the Commission

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No298/2008.)

European Parliament legislative resolution of 29 November 2007 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding (COM(2007)0364 – C6-0202/2007 – 2007/0130(COD))

P6_TA(2007)0562 A6-0412/2007

(Codecision procedure - first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0364),

–   having regard to Article 251(2) and Article 191 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0202/2007),

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

–   having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Budgets and the Committee on Budgetary Control (A6-0412/2007),

1.  Approves the Commission proposal as amended;

2.  Invites its Bureau to examine by which means a political party at European level can be granted a transitional period of three months in order to reconstitute its membership if in the course of the financial year its membership has fallen below the minimum requirements of the regulation as amended;

3.  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;

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

Position of the European Parliament adopted at first reading on 29 November 2007 with a view to the adoption of Regulation (EC) No .... /2007 of the European Parliament and of the Council amending Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 1524/2007.)

European Parliament legislative resolution of 29 November 2007 on the proposal for a regulation of the European Parliament and the Council amending Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed as regards the implementing powers conferred on the Commission (COM(2006)0908 – C6-0025/2007 – 2006/0294(COD))

P6_TA(2007)0563 A6-0342/2007

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0908),

–   having regard to Article 251 and Articles 37 and 152 (4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0025/2007),

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

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0342/2007),

1.  Approves the Commission proposal as amended;

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

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

Position of the European Parliament adopted at first reading on 29 November 2007 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council amending Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin, as regards the implementing powers conferred on the Commission

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 299/2008.)

European Parliament decision of 29 November 2007 on the nomination of David Bostock as a Member of the Court of Auditors (C6-0304/2007 – 2007/0813(CNS))

P6_TA(2007)0564 A6-0439/2007

The European Parliament,

–   having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0304/2007),

–   having regard to the fact that at its meeting of 6 November 2007 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors and considered the nominee's qualifications in light of the criteria laid down by Article 247(2) of the EC Treaty and Article 160b(2) of the Euratom Treaty,

–   having regard to Rule 101 of its Rules of Procedure,

–   having regard to the report of the Committee on Budgetary Control (A6-0439/2007),

1.  Delivers a favourable opinion on the nomination of David Bostock as a Member of the Court of Auditors;

2.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors and the other institutions of the European Communities, and the audit institutions of the Member States.

European Parliament decision of 29 November 2007 on the nomination of Michel Cretin as a Member of the Court of Auditors (C6-0305/2007 – 2007/0814(CNS))

P6_TA(2007)0565 A6-0438/2007

The European Parliament,

–   having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0305/2007),

–   having regard to the fact that at its meeting of 6 November 2007 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors and considered the nominee's qualifications in light of the criteria laid down by Article 247(2) of the EC Treaty and Article 160b(2) of the Euratom Treaty,

–   having regard to Rule 101 of its Rules of Procedure,

–   having regard to the report of the Committee on Budgetary Control (A6-0438/2007),

1.  Delivers a favourable opinion on the nomination of Michel Cretin as a Member of the Court of Auditors;

2.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors and the other institutions of the European Communities, and the audit institutions of the Member States.

European Parliament decision of 29 November 2007 on the nomination of Maarten B. Engwirda as a Member of the Court of Auditors (C6-0306/2007 – 2007/0815(CNS))

P6_TA(2007)0566 A6-0437/2007

The European Parliament,

–   having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0306/2007),

–   having regard to the fact that at its meeting of 6 November 2007 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors and considered the nominee's qualifications in light of the criteria laid down by Article 247(2) of the EC Treaty and Article 160b(2) of the Euratom Treaty,

–   having regard to Rule 101 of its Rules of Procedure,

–   having regard to the report of the Committee on Budgetary Control (A6-0437/2007),

1.  Delivers a favourable opinion on the nomination of Maarten B. Engwirda as a Member of the Court of Auditors;

2.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors and the other institutions of the European Communities, and the audit institutions of the Member States.

European Parliament decision of 29 November 2007 on the nomination of Henri Grethen as a Member of the Court of Auditors (C6-0307/2007 – 2007/0816(CNS))

P6_TA(2007)0567 A6-0436/2007

The European Parliament,

–   having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0307/2007),

–   having regard to the fact that at its meeting of 6 November 2007 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors and considered the nominee's qualifications in light of the criteria laid down by Article 247(2) of the EC Treaty and Article 160b(2) of the Euratom Treaty,

–   having regard to Rule 101 of its Rules of Procedure,

–   having regard to the report of the Committee on Budgetary Control (A6-0436/2007),

1.  Delivers a favourable opinion on the nomination of Henri Grethen as a Member of the Court of Auditors;

2.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors and the other institutions of the European Communities, and the audit institutions of the Member States.

European Parliament decision of 29 November 2007 on the nomination of Harald Noack as a Member of the Court of Auditors (C6-0308/2007 – 2007/0817(CNS))

P6_TA(2007)0568 A6-0435/2007

The European Parliament,

–   having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0308/2007),

–   having regard to the fact that at its meeting of 6 November 2007 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors and considered the nominee's qualifications in light of the criteria laid down by Article 247(2) of the EC Treaty and Article 160b(2) of the Euratom Treaty,

–   having regard to Rule 101 of its Rules of Procedure,

–   having regard to the report of the Committee on Budgetary Control (A6-0435/2007),

1.  Delivers a favourable opinion on the nomination of Harald Noack as a Member of the Court of Auditors;

2.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors and the other institutions of the European Communities, and the audit institutions of the Member States.

European Parliament decision of 29 November 2007 on the nomination of Ioannis Sarmas as a Member of the Court of Auditors (C6-0309/2007 – 2007/0818(CNS))

P6_TA(2007)0569 A6-0434/2007

The European Parliament,

–   having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0309/2007),

–   having regard to the fact that at its meeting of 6 November 2007 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors and considered the nominee's qualifications in light of the criteria laid down by Article 247(2) of the EC Treaty and Article 160b(2) of the Euratom Treaty,

–   having regard to Rule 101 of its Rules of Procedure,

–   having regard to the report of the Committee on Budgetary Control (A6-0434/2007),

1.  Delivers a favourable opinion on the nomination of Ioannis Sarmas as a Member of the Court of Auditors;

2.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors and the other institutions of the European Communities, and the audit institutions of the Member States.

European Parliament decision of 29 November 2007 on the nomination of Hubert Weber as a Member of the Court of Auditors (C6-0310/2007 – 2007/0819(CNS))

P6_TA(2007)0570 A6-0433/2007

The European Parliament,

–   having regard to Article 247(3) of the EC Treaty and Article 160b(3) of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0310/2007),

–   having regard to the fact that at its meeting of 6 November 2007 the Committee on Budgetary Control heard the Council's nominee for membership of the Court of Auditors and considered the nominee's qualifications in light of the criteria laid down by Article 247(2) of the EC Treaty and Article 160b(2) of the Euratom Treaty,

–   having regard to Rule 101 of its Rules of Procedure,

–   having regard to the report of the Committee on Budgetary Control (A6-0433/2007),

1.  Delivers a favourable opinion on the nomination of Hubert Weber as a Member of the Court of Auditors;

2.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors and the other institutions of the European Communities, and the audit institutions of the Member States.

European Parliament resolution of 29 November 2007 on the proclamation of a European Consensus on Humanitarian Aid

P6_TA(2007)0571 B6-0484/2007

The European Parliament,

–   having regard to the consensus reached by the General Affairs and External Relations Council of 19 and 20 November 2007 on a 'Joint Statement by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the European Commission - the European Consensus on Humanitarian Aid',

–   having regard to the draft Treaty of Lisbon, agreed at the European Council on 18-19 October 2007, which recognised humanitarian aid as an EU policy area in its own right,

–   having regard to its resolution of 14 November 2007 on a European Consensus on Humanitarian Aid(1),

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

1.  Welcomes the fact that for the first time the Council, the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission have agreed to define a common vision, policy objectives and shared principles for the delivery of more effective EU humanitarian aid in third countries;

2.  Approves, therefore, the Joint Statement by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Humanitarian Aid - the European Consensus on Humanitarian Aid;

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

(1) Texts Adopted, P6_TA(2007)0508.

European Parliament resolution of 29 November 2007 on the situation in Georgia

P6_TA(2007)0572 RC-B6-0481/2007

The European Parliament,

–   having regard to its previous resolutions on Georgia, particularly its resolution of 26 February 2004 with a recommendation to the Council on EU policy towards the South Caucasus(1), its resolution of 14 October 2004 on Georgia(2) and its resolution of 26 October 2006 on the situation in South Ossetia(3),

–   having regard to its resolution of 15 November 2007 on strengthening the European Neighbourhood Policy(4) (ENP),

–   having regard to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part(5), which entered into force on 1 July 1999,

–   having regard to the ENP Action Plan endorsed by the EU-Georgia Cooperation Council on 14 November 2006,

–   having regard to the recommendations adopted by the EU-Georgia Parliamentary Cooperation Committee on 25-26 June 2007,

–   having regard to the declaration of 8 November 2007 by the Portuguese Presidency on behalf of the European Union on the current situation in Georgia,

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

A.   whereas the European Union remains committed to further developing and deepening its relations with Georgia and to supporting the country in its efforts to introduce the necessary political and economic reforms as well as measures to establish solid and efficient democratic institutions and to tackle corruption, thereby creating a peaceful and prosperous Georgia that can contribute to stability in the region and the rest of Europe,

B.   acknowledging the political, democratic and economic progress achieved by the present Georgian President and Government,

C.   whereas on 2 November 2007 the opposition forces mustered the largest crowd seen since the Rose Revolution of 2003,

D.   whereas six days of opposition rallies erupted in violence when police security forces used excessive force to break up demonstrations, using water cannons, rubber bullets and tear gas, leaving up to five hundred protesters injured, including the Georgian Ombudsman, Mr Sozar Subari,

E.   whereas on 7 November 2007 President Mikhail Saakashvili declared a 15-day state of emergency in Tbilisi, since lifted on 16 November 2007, which government officials claim was necessary to restore immediate law and order,

F.   whereas, after President Saakashvili imposed the state of emergency, Prime Minister Zurab Nogaideli declared that a coup attempt had been made in the country and that this measure was a reaction to that; whereas in a televised speech President Saakashvili laid responsibility for the events which took place in Tbilisi at the door of Russia's Federal Security Service, alleging that he had had advance information that there was a plot to overthrow the Georgian Government by the end of the year, but providing no evidence for his statement,

G.   whereas on the evening of 7 November 2007 two opposition TV channels, Imedi and Caucasia, were taken off the air; whereas the buildings of Imedi television and radio were stormed by armed members of security agencies wearing masks before the announcement of the state of emergency and without prior notification, with part of the station's broadcasting equipment destroyed; whereas a Tbilisi court suspended Imedi's broadcasting licence and froze its assets on the grounds that its coverage of the events of 7 November 2007 amounted to incitement to overthrow the government; whereas the court notification was not handed over to Imedi's director until one week later; whereas the Georgian National Communications Commission (GNCC) has suspended Imedi's TV broadcasting licence for three months, citing the station's violation of the law on broadcasting,

H.   whereas, in a conciliatory move, on 8 November 2007 President Saakashvili proposed early presidential elections for 5 January 2008, to be coupled with a plebiscite on the date of the next parliamentary elections,

I.   whereas on 13 November 2007 Russia handed over to Georgia, one year ahead of schedule, its base at Batumi in the Autonomous Republic of Adjara, after having completed the withdrawal of its troops from its other base in Georgia, Akhalkalaki, in June 2007,

J.   whereas the Georgian economy is still being seriously harmed by the Russian ban on imports of Georgian wine and agricultural products, which appears to be increasingly politically motivated,

K.   whereas Georgia's economic and social reforms should raise the standard of living of the wider population,

L.   whereas the situation in both Abkhazia and South Ossetia is adding to the tension in the region; whereas the Russian troops have lost their status of neutral, impartial peacekeepers; whereas the Moscow authorities" decision to grant Russian passports to the people living in those parts of Georgian territory is further destabilising the situation,

1.  Expresses its deep concern at recent developments that have taken place in Georgia, with the violent police crackdown on peaceful demonstrations, the closing down of independent media outlets and the declaration of a state of emergency for 15 days as the latest escalations;

2.  Calls on the Georgian authorities to respect the principles of freedom of expression, freedom of assembly and freedom of the media; reminds the Government of its commitment to democracy, human rights and the rule of law;

3.  Calls on all parties to show openness and restraint, tone down statements and engage in a constructive and fruitful dialogue aimed at supporting and consolidating Georgia's fragile democratic institutions;

4.  Urges the Council, the High Representative for the Common Foreign and Security Policy and the EU Special Representative for the South Caucasus to make every effort to facilitate the dialogue between the parties, defuse tension and contribute to restoring mutual confidence;

5.  Calls on the Georgian authorities to carry out a thorough, impartial and independent investigation into the serious violations of human rights and freedom of the media, notably the allegations of excessive use of force by law enforcement officials, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions provided for by law;

6.  Impresses on the authorities the concern felt by the international community at the recent events in Georgia, which run counter to Euro-Atlantic values; reminds Georgia that democracy, human rights and the rule of law are prerequisites for Euro-Atlantic integration;

7.  Calls upon the Council and the Commission, the EU Member States, the Organization for Security and Co-operation in Europe (OSCE), the Council of Europe, NATO and the United States to become more active in highlighting political grievances and shortcomings in and around Georgia, including in the implementation of the ENP Action Plan; observes that many allegations of violations of democratic procedures and human rights in Georgia were not followed up in the last few years; is therefore of the opinion that a more open international debate could strengthen pluralistic public discourse and democratic development in Georgia;

8.  Notes the decision to hold early presidential elections and asks the Government to ensure that all candidates have equal and impartial access to the media during the election campaign;

9.  Calls upon the Georgian authorities to ensure free and fair elections in full accordance with international standards; calls upon the Government to respect the division of powers in the Georgian political system, to refrain from using "administrative resources" during the election campaign and to guarantee freedom of expression to all candidates; welcomes the call of the Georgian authorities for international observers to monitor the elections;

10.  Calls on the Georgian authorities to ensure that all the media work objectively and in accordance with international journalistic standards and that all parties and candidates are guaranteed fair and balanced access to both public and private media; demands of the Georgian authorities, in particular, that the Imedi TV and Radio Company be allowed to resume broadcasting without further delay, and calls upon them to ensure that this company is reimbursed and compensated for the damage to its outlets and the destruction of its equipment;

11.  Welcomes the amendments to the electoral code adopted by the Georgian Parliament, which will allow opposition parties to appoint six representatives to the Central Election Commission and each of the precinct election commissions;

12.  Calls upon all political forces in Georgia to collaborate in drafting a law to regulate audiovisual activity in order to ensure, with the assistance of European experts, that existing regulations which guarantee freedom of expression and fair public debate are further improved and harmonised with European principles;

13.  Encourages all Georgian political forces, together with civil society, to engage in a debate about the separation of powers in the political system which could lead to more efficient scrutiny of the actions of the executive and pluralisation of the public debate on many crucial issues, ranging from the social implications of economic reform and the "Russian factor" in Georgian domestic politics to different approaches to frozen conflicts;

14.  Notes with concern the allegations of Russian intelligence involvement in the political process in Georgia and underlines the need for increased transparency in political life, in particular as regards party funding, media access and internal party democracy; stresses that these allegations must be proved in accordance with domestic law and international practice;

15.  Calls upon the Council and the Commission to pursue a more decisive EU policy towards its Eastern neighbourhood, which should not reject cooperation with Russia, but on the contrary offer it wherever possible; considers, however, that at the same time the EU must adopt a more resolute stance on crucial issues in the region and become more deeply involved, despite Russia's current negative attitude towards the EU's role in their common neighbourhood; underlines that, in the end, it is up to the Russian authorities to understand that it is not so much geopolitical rivalry with the EU that diminishes Russian influence in its neighbourhood, but Russia's deplorable approach to some of its neighbours;

16.  Reiterates its commitment to Georgia's territorial integrity and calls on the Council and the Commission to make further efforts in support of the quest for a peaceful negotiated settlement of the South Ossetia and Abkhazia conflicts;

17.  Calls on the Council and the Commission adequately to address Georgian concerns regarding the visa regime and to accelerate the process of negotiating and concluding visa facilitation and readmission agreements with Georgia;

18.  Calls for a European Parliament observation mission to be sent to the forthcoming presidential elections;

19.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the President and Parliament of Georgia, the OSCE, the Council of Europe and the President and Parliament of the Russian Federation.

(1) OJ C 98 E, 23.4.2004, p. 193. (2) OJ C 166 E, 7.7.2005, p. 63. (3) OJ C 313 E, 20.12.2006, p. 429. (4) Texts Adopted, P6_TA(2007)0538. (5) OJ L 205, 4.8.1999, p. 3.

European Parliament decision of 29 November 2007 on the approval by the European Parliament of the Charter of Fundamental Rights of the European Union (2007/2218(ACI))

P6_TA(2007)0573 A6-0445/2007

The European Parliament,

–   having regard to the letter from its President of 25 October 2007,

–   having regard to the Charter of Fundamental Rights of the European Union signed and proclaimed in Nice on 7 December 2000(1),

–   having regard to its decision of 14 November 2000 approving the draft Charter of Fundamental Rights of the European Union(2),

–   having regard to its resolution of 23 October 2002 on the impact of the Charter of Fundamental Rights of the European Union and its future status(3),

–   having regard to its resolution of 24 September 2003 on the draft Treaty establishing a Constitution for Europe and the European Parliament's opinion on the convening of the Intergovernmental Conference (IGC)(4), in particular paragraph 4 thereof,

–   having regard to its resolution of 12 January 2005 on the Treaty establishing a Constitution for Europe(5), in particular paragraph 5, point (a), and paragraph 6 thereof,

–   having regard to its resolution of 11 July 2007 on the convening of the Intergovernmental Conference (IGC): The European Parliament's opinion (Article 48 of the EU Treaty)(6), in particular paragraphs 8, 12 and 17 thereof,

–   having regard to Article 6, Paragraph 1 of the Treaty on European Union, as revised by the draft Treaty of Lisbon agreed by the 2007 Intergovernmental Conference,

–   having regard to Rule 120(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Constitutional Affairs (A6-0445/2007),

A.   whereas, by confirming the legally binding status of the Charter of Fundamental Rights, the draft Treaty of Lisbon has safeguarded the substance of the major achievement represented by Part II of the Treaty establishing a Constitution for Europe,

B.   whereas the European Parliament has already agreed to the adaptations made to the Charter of Fundamental Rights as originally solemnly proclaimed in Nice on 7 December 2000, when, in its above-mentioned resolution of 24 September 2003, it assessed the results of the work of the Convention on the Future of Europe and when, in its above-mentioned resolution of 12 January 2005, it approved the Constitutional Treaty resulting from the work of the 2004 Intergovernmental Conference (IGC),

C.   whereas, in its above-mentioned resolution of 11 July 2007, in giving its opinion on the convening of the 2007 IGC, it welcomed the fact that the IGC mandate safeguarded the legally binding status of the Charter of Fundamental Rights, while expressing its strong concerns about the Protocol on the application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom, which seeks to limit the justiciability of the Charter in certain Member States,

D.   whereas, in paragraph 17 of its above-mentioned resolution of 11 July 2007, it stressed its intention to carefully scrutinise the outcome of the 2007 IGC, when it will give its opinion on the Treaty of Lisbon after the latter has been signed,

1.  Approves the Charter of Fundamental Rights of the European Union in the version thereof annexed hereto;

2.  Gives a mandate to its President to solemnly proclaim the Charter, before the signature of the Treaty of Lisbon, jointly with the President of the Council of the European Union and the President of the Commission, and instructs him to take the necessary steps to have it published in the Official Journal of the European Union;

3.  Urges Poland and the United Kingdom to make every effort to arrive, after all, at a consensus on the unrestricted applicability of the Charter;

4.  Instructs its President to forward this decision to the President of the Council of the European Union and the President of the Commission, for information.

ANNEX

The European Parliament, the Council and the Commission solemnly proclaim the following text as the Charter of Fundamental Rights of the European Union.

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

Preamble

The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful future based on common values.

Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice.

The Union contributes to the preservation and to the development of these common values while respecting the diversity of the cultures and traditions of the peoples of Europe as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels; it seeks to promote balanced and sustainable development and ensures free movement of persons, services, goods and capital, and the freedom of establishment.

To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in society, social progress and scientific and technological developments by making those rights more visible in a Charter.

This Charter reaffirms, with due regard for the powers and tasks of the Union and for the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Union and by the Council of Europe and the case-law of the Court of Justice of the European Union and of the European Court of Human Rights. In this context the Charter will be interpreted by the courts of the Union and the Member States with due regard to the explanations prepared under the authority of the Praesidium of the Convention which drafted the Charter and updated under the responsibility of the Praesidium of the European Convention.

Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human community and to future generations.

The Union therefore recognises the rights, freedoms and principles set out hereafter.

TITLE I

DIGNITY

Article 1

Human dignity

Human dignity is inviolable. It must be respected and protected.

Article 2

Right to life

1.  Everyone has the right to life.

2.  No one shall be condemned to the death penalty, or executed.

Article 3

Right to the integrity of the person

1.  Everyone has the right to respect for his or her physical and mental integrity.

2.  In the fields of medicine and biology, the following must be respected in particular:

Article 4

Prohibition of torture and inhuman or degrading treatment or punishment

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 5

Prohibition of slavery and forced labour

1.  No one shall be held in slavery or servitude.

2.  No one shall be required to perform forced or compulsory labour.

3.  Trafficking in human beings is prohibited.

TITLE II

FREEDOMS

Article 6

Right to liberty and security

Everyone has the right to liberty and security of person.

Article 7

Respect for private and family life

Everyone has the right to respect for his or her private and family life, home and communications.

Article 8

Protection of personal data

1.  Everyone has the right to the protection of personal data concerning him or her.

2.  Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.

3.  Compliance with these rules shall be subject to control by an independent authority.

Article 9

Right to marry and right to found a family

The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.

Article 10

Freedom of thought, conscience and religion

1.  Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.

2.  The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.

Article 11

Freedom of expression and information

1.  Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

2.  The freedom and pluralism of the media shall be respected.

Article 12

Freedom of assembly and of association

1.  Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.

2.  Political parties at Union level contribute to expressing the political will of the citizens of the Union.

Article 13

Freedom of the arts and sciences

The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

Article 14

Right to education

1.  Everyone has the right to education and to have access to vocational and continuing training.

2.  This right includes the possibility to receive free compulsory education.

3.  The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.

Article 15

Freedom to choose an occupation and right to engage in work

1.  Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.

2.  Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State.

3.  Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.

Article 16

Freedom to conduct a business

The freedom to conduct a business in accordance with Union law and national laws and practices is recognised.

Article 17

Right to property

1.  Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

2.  Intellectual property shall be protected.

Article 18

Right to asylum

The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as "the Treaties").

Article 19

Protection in the event of removal, expulsion or extradition

1.  Collective expulsions are prohibited.

2.  No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

TITLE III

EQUALITY

Article 20

Equality before the law

Everyone is equal before the law.

Article 21

Non-discrimination

1.  Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

2.  Within the scope of application of the Treaties and without prejudice to any of their specific provisions, any discrimination on grounds of nationality shall be prohibited.

Article 22

Cultural, religious and linguistic diversity

The Union shall respect cultural, religious and linguistic diversity.

Article 23

Equality between women and men

Equality between women and men must be ensured in all areas, including employment, work and pay.

The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

Article 24

The rights of the child

1.  Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.

2.  In all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration.

3.  Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.

Article 25

The rights of the elderly

The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.

Article 26

Integration of persons with disabilities

The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.

TITLE IV

SOLIDARITY

Article 27

Workers' right to information and consultation within the undertaking

Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Union law and national laws and practices.

Article 28

Right of collective bargaining and action

Workers and employers, or their respective organisations, have, in accordance with Union law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.

Article 29

Right of access to placement services

Everyone has the right of access to a free placement service.

Article 30

Protection in the event of unjustified dismissal

Every worker has the right to protection against unjustified dismissal, in accordance with Union law and national laws and practices.

Article 31

Fair and just working conditions

1.  Every worker has the right to working conditions which respect his or her health, safety and dignity.

2.  Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave.

Article 32

Prohibition of child labour and protection of young people at work

The employment of children is prohibited. The minimum age of admission to employment may not be lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable to young people and except for limited derogations.

Young people admitted to work must have working conditions appropriate to their age and be protected against economic exploitation and any work likely to harm their safety, health or physical, mental, moral or social development or to interfere with their education.

Article 33

Family and professional life

1.  The family shall enjoy legal, economic and social protection.

2.  To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.

Article 34

Social security and social assistance

1.  The Union recognises and respects the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by Union law and national laws and practices.

2.  Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages in accordance with Union law and national laws and practices.

3.  In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Union law and national laws and practices.

Article 35

Health care

Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all the Union's policies and activities.

Article 36

Access to services of general economic interest

The Union recognises and respects access to services of general economic interest as provided for in national laws and practices, in accordance with the Treaties, in order to promote the social and territorial cohesion of the Union.

Article 37

Environmental protection

A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development.

Article 38

Consumer protection

Union policies shall ensure a high level of consumer protection.

TITLE V

CITIZENS' RIGHTS

Article 39

Right to vote and to stand as a candidate at elections to the European Parliament

1.  Every citizen of the Union has the right to vote and to stand as a candidate at elections to the European Parliament in the Member State in which he or she resides, under the same conditions as nationals of that State.

2.  Members of the European Parliament shall be elected by direct universal suffrage in a free and secret ballot.

Article 40

Right to vote and to stand as a candidate at municipal elections

Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the Member State in which he or she resides under the same conditions as nationals of that State.

Article 41

Right to good administration

1.  Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union.

2.  This right includes:

3.  Every person has the right to have the Union make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States.

4.  Every person may write to the institutions of the Union in one of the languages of the Treaties and must have an answer in the same language.

Article 42

Right of access to documents

Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, bodies, offices and agencies of the Union, whatever their medium.

Article 43

European Ombudsman

Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role.

Article 44

Right to petition

Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to petition the European Parliament.

Article 45

Freedom of movement and of residence

1.  Every citizen of the Union has the right to move and reside freely within the territory of the Member States.

2.  Freedom of movement and residence may be granted, in accordance with the Treaties, to nationals of third countries legally resident in the territory of a Member State.

Article 46

Diplomatic and consular protection

Every citizen of the Union shall, in the territory of a third country in which the Member State of which he or she is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that Member State.

TITLE VI

JUSTICE

Article 47

Right to an effective remedy and to a fair trial

Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.

Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.

Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.

Article 48

Presumption of innocence and right of defence

1.  Everyone who has been charged shall be presumed innocent until proved guilty according to law.

2.  Respect for the rights of the defence of anyone who has been charged shall be guaranteed.

Article 49

Principles of legality and proportionality of criminal offences and penalties

1.  No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.

2.  This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles recognised by the community of nations.

3.  The severity of penalties must not be disproportionate to the criminal offence.

Article 50

Right not to be tried or punished twice in criminal proceedings for the same criminal offence

No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law.

TITLE VII

GENERAL PROVISIONS GOVERNING THE INTERPRETATION AND APPLICATION OF THE CHARTER

Article 51

Field of application

1.  The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers and respecting the limits of the powers of the Union as conferred on it in the Treaties.

2.  The Charter does not extend the field of application of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties.

Article 52

Scope and interpretation of rights and principles

1.  Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.

2.  Rights recognised by this Charter for which provision is made in the Treaties shall be exercised under the conditions and within the limits defined by those Treaties.

3.  In so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.

4.  In so far as this Charter recognises fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions.

5.  The provisions of this Charter which contain principles may be implemented by legislative and executive acts taken by institutions, bodies, offices and agencies of the Union, and by acts of Member States when they are implementing Union law, in the exercise of their respective powers. They shall be judicially cognisable only in the interpretation of such acts and in the ruling on their legality.

6.  Full account shall be taken of national laws and practices as specified in this Charter.

7.  The explanations drawn up as a way of providing guidance in the interpretation of this Charter shall be given due regard by the courts of the Union and of the Member States.

Article 53

Level of protection

Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States' constitutions.

Article 54

Prohibition of abuse of rights

Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein.

The above text adapts the wording of the Charter proclaimed on 7 December 2000, and will replace it as from the date of entry into force of the Treaty of Lisbon.

For the European Parliament

For the Council of the European Union

For the European Commission

(1) OJ C 364, 18.12.2000, p. 1. (2) OJ C 223, 8.8.2001, p. 74 (Duff/Voggenhuber report). (3) OJ C 300 E, 11.12.2003, p. 432 (Duff report). (4) OJ C 77 E, 26.3.2004, p. 255 (Gil-Robles Gil-Delgado/Tsatsos report). (5) OJ C 247 E, 6.10.2005, p. 88 (Corbett/Méndez de Vigo report). (6) Texts Adopted, P6_TA(2007)0328 (Leinen report).

European Parliament resolution of 29 November 2007 on Common Principles of Flexicurity (2007/2209(INI))

P6_TA(2007)0574 A6-0446/2007

The European Parliament,

–   having regard to the Commission communication entitled, 'Towards Common Principles of Flexicurity: More and better jobs through flexibility and security' (COM(2007)0359) (Commission communication on flexicurity),

–   having regard to the European Economic and Social Committee's opinion entitled 'Flexicurity (internal flexibility dimension - collective bargaining and the role of social dialogue as instruments for regulating and reforming labour markets)'(1),

–   having regard to the European social partners' recommendations in the report entitled, 'Key Challenges Facing European Labour Markets: A Joint Analysis of European Social Partners', of 18 October 2007,

–   having regard to the European Economic and Social Committee's opinion entitled, 'The role of the social partners in reconciling working, family and private life'(2),

–   having regard to the European Economic and Social Committee's opinion entitled 'Employment of priority categories (Lisbon Strategy)'(3),

–   having regard to the Commission Green Paper on modernising labour law to meet the challenges of the 21st century (COM(2006)0708) and Parliament's resolution thereon of 11 July 2007(4),

–   having regard to the OECD's Employment Outlook 2006: Boosting Jobs and Incomes,

–   having regard to the ILO report entitled, 'Is a stable workforce good for the economy? - Insights into the tenure - productivity - employment relationship' of August 2004, which demonstrates a positive relationship between tenure and productivity,

–   having regard to ILO Convention C87 on freedom of association and protection of the right to organise (1948), ILO Convention C98 on the right to organise and collective bargaining (1949) and ILO Recommendation R198 concerning the employment relationship (2006),

–   having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(5), which prohibits age discrimination in employment,

–   having regard to its resolution of 6 September 2006 on a European Social Model for the future(6), which reiterates the European Union's common values of equality, solidarity, non-discrimination and redistribution,

–   having regard to Articles 136 to 145 of the EC Treaty,

–   having regard to Articles 15, 20 and 27 to 38 of the Charter of Fundamental Rights of the European Union, in particular the rights to protection in the event of unjustified dismissal and fair and just working conditions,

–   having regard to the European Social Charter,

–   having regard to the report of the High Level Group on the future of social policy in an enlarged European Union, of May 2004,

–   having regard to the Commission staff working document entitled, 'Community Lisbon Programme: Technical implementation report 2006' (SEC(2006)1379) and to the implementation of the Lisbon Strategy,

–   having regard to the Commission staff working document on Progress Towards the Lisbon Objectives in Education and Training - Report based on indicators and benchmarks (SEC(2006)0639),

–   having regard to the European Charter for Small Enterprises,

–   having regard to the Commission communication on the Social Agenda (COM(2005)0033),

–   having regard to the national Lisbon reform programmes as presented by the Member States,

–   having regard to the Commission communication entitled, 'Global Europe: competing in the world'(COM(2006)0567),

–   having regard to the Commission's Integrated Guidelines for Growth and Jobs (2005-2008) (COM(2005)0141),

–   having regard to the European Council Presidency conclusions of 23 and 24 March 2000, 23 and 24 March 2001, 22 and 23 March and 16 and 17 June 2005 and 23 and 24 March 2006,

–   having regard to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP(7),

–   having regard to its resolution of 23 March 2006 on demographic challenges and solidarity between the generations(8),

–   having regard to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services(9),

–   having regard to its resolution of 26 October 2006 on the application of Directive 96/71/EC on the posting of workers(10),

–   having regard to the ILO Migrant Workers (Supplementary Provisions) Convention, 1975,

–   having regard to the ILO Private Employment Agencies Convention, 1997,

–   having regard to the ILO's decent work agenda,

–   having regard to the Commission communication entitled, 'Promoting decent work for all: The EU contribution to the implementation of the decent work agenda in the world' (COM(2006)0249) and to Parliament's resolution of 23 May 2007 on promoting decent work for all(11),

–   having regard to Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women(12),

–   having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation(13),

–   having regard to Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(14),

–   having regard to Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding(15),

–   having regard to Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work(16),

–   having regard to Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees(17),

–   having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(18),

–   having regard to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Annex : Framework agreement on part-time work(19),

–   having regard to the report by the European Expert Group on Flexicurity, entitled 'Flexicurity Pathways: Turning hurdles into stepping stones', of June 2007,

–   having regard to its resolution of 13 March 2007 on corporate social responsibility: a new partnership(20),

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

–   having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Economic and Monetary Affairs, of the Committee on Culture and Education and the Committee on Women's Rights and Gender Equality (A6-0446/2007),

A.   whereas the EU is not only an economic union but also a community of shared values as a consequence of which any reform of labour law and the labour market should reflect those values, and whereas the basic principles of labour law which have developed within Europe remain valid; whereasflexicurity should reflect the dialogue among all social partners and reflect a good balance between the interests of both employers and workers on the one hand and between flexibility and security on the other; whereas labour law provides legal certainty and protection for workers and employers by way of either legislation or collective agreement, or a combination of the two and whereas the success of any changes in labour law would be greater if workers feel more secure; whereas it is necessary to increase the level of security of both workers and enterprises, especially in the case of small and medium-sized enterprises (SMEs); whereas such security also depends on how easy it is to find a new job; whereas global competition and rapidly developing technology mean that enterprises have to adapt ever more quickly,

B.   whereas flexicurity, should therefore be seen as an important component of the European Social Model fostering competitive and adaptable businesses and workforces; whereas the term "flexicurity" arouses strong concerns among some European workers, who fear increased job insecurity; and whereas that term and the firm principles it covers, should therefore be defined as precisely as possible,

C.   whereas 16 % of Europeans remain at risk of poverty, and 10 % live in jobless households and that it is therefore essential that any reform under on the basis of flexicurity is based on a detailed impact assessment as regards vulnerable groups and that any such reform should aim at furthering social inclusion while not putting new groups at risk,

D.   whereas unemployment in the European Union could be related to limited sustainable job creation which, inter alia, depends on dynamic, innovative and competitive companies and on investment in research and development and lifelong learning, which can also contribute to a dynamic labour market,

E.   whereas a cutting-edge, innovative, knowledge-based economy should aim at being competitive at the top-end of the value chain and, in order to achieve this, long-term employment and a highly skilled, highly motivated workforce is required,

F.   whereas one of the aims of flexicurity is to expand the supply of jobs on the labour market and, at the same time, to enable individuals and companies to manage change and increase mobility on the European labour market and whereas flexicurity must be combined with a policy of creating stable and sustainable employment and income,

G.   whereas mobile workers still run the risk of losing social security benefits,

H.   whereas, in order to avoid unfair competition in the internal market, the EU and Member States need to make sure that a common level of standards in their respective labour laws are respected, while at the same time making sure that this does not prevent Member States from improving standards should they wish to do so,

I.   whereas flexicurity implies a balancing of rights and responsibilities for employers, workers, job seekers and public authorities and requires a climate of trust and transparent dialogue between public authorities, social partners and other stakeholders, in which all are prepared to take responsibility for change and produce balanced policy packages with a view to supporting the process of creating more and better jobs for all, to ensure gender equality and to fight discriminatory practices against vulnerable groups of workers such as migrants, younger and older workers and disabled people,

J.   whereas while the Commission communication on flexicurity sets out the principle of equality between women and men , its formulation is weak as it does not challenge the fundamental inequality between women and men encountered with regard to access to and participation in the labour market and equal sharing of unpaid work,

K.   whereas high unemployment and labour market segmentation need to be overcome by removing inequalities affecting certain groups of insufficiently covered workers, fostering job creation and by protecting a broad core of rights for all workers and access to lifelong learning,

L.   whereas part-time working, lower pay and fixed-term contracts – the main risk factors for in-work poverty – are characteristic first and foremost of the employment situation of women,

M.   whereas the Commission communication on flexicurity should be used as a basis for starting a more balanced debate on flexicurity; whereas OECD and ILO studies endorse a policy strategy that incorporates a high level of social security with a positive effect on replacement rates and productivity and whereas the European Union's concept of 'good work' includes rights and participation of employees, fair wages, protection of safety and health at work as well as a family-friendly work organisation; whereas those rights are indispensable for the acceptance of the European Union by its citizens,

N.   whereas the European Social Fund (ESF) has a vital role to play in promoting social dialogue and active labour market policies in order a ensure a strong European Social Model with more and better jobs,

O.   whereas the OECD recently stated that employment protection legislation has no significant impact on the total employment rate and that high replacement rates in unemployment benefits have a positive effect on productivity; whereas, furthermore, the ILO has demonstrated that there is a positive relationship between tenure and productivity,

1.  Believes that the rationale for an integrated approach to flexicurity is the need to achieve the objectives of the renewed Lisbon Strategy, in particular more and better jobs, and at the same time to modernise the European social models, which requires policies that address, simultaneously, the flexibility of labour markets, work organisation and labour relations, and security: employment security and social security;

2.  Recognises that, in order to succeed in the 21st century, Europe needs a well- educated workforce as well as companies that are quick to seize opportunities that arise in a fast-moving world to increase productivity and enhance innovation;

3.  Strongly endorses the conclusion that flexibility can be in the interests of the employee as well as the employer, and that this can be achieved through promoting adaptable and reliable contractual arrangements;

4.  Emphasises, however, that flexicurity can be a policy strategy for the reform of the labour market and, as such, must be comprehensive by including all the existing facets of employment and social policy at both national and EU level;

5.  Considers that, in view of the changes in national social security systems and labour law, the interpretation of the Commission's flexicurity options is too one-sided, since it takes no account of the costs the measures involve; calls, therefore, calls on the Commission to carry out a cost-benefit analysis on those options; recalls that a flexicurity concept can be put into practice only in the long term;

6.  Stresses that Europe's flexicurity strategy should examine more closely the demands of the modern economy, what sort of workforce European firms need in order to succeed, and what are the main obstacles; stresses the need to take into consideration the specific nature of one-person-companies, micro-enterprises and small enterprises producing goods and services in European and national strategies; regrets that the Commission communication envisages flexicurity solely in the context of employment relationships; calls, therefore, for public policies linked to flexicurity to set up adequate conditions for creation of this kind of enterprises, for their development and their transfer;

7.  Notes with deep concern that the Commission communication on flexicurity, while refering to promoting gender equality, completely disregards the obligations and responsibilities set out in the Commission communication entitled, 'A Roadmap for equality between women and men"; is critical of the fact that the European Union's existing legislation on promoting gender equality has so far not achieved its objectives and that the income gap between the sexes, the absence of the necessary conditions for combining work and family life, and the lack of public child-care facilities, remain a central problem for European workers;

8.  Recalls that the implementation of a set of common principles for flexicurity needs to be gender-mainstreamed and take into account:

9.  Believes that flexicurity strategies should facilitate recruitment and allow a rapid response to changing economic circumstances, address those problems on the basis of a transparent dialogue between the social partners and other stakeholders, in accordance with national custom and practice, in which flexibility and security should be mutually reinforcing, and on the basis of an impact assessment;

10.  Calls on the Commission to present a proposal for a limited set of synthesised qualitative indicators on the quality in work to complement those already agreed on within the framework of the Laeken 2001 reform of the Employment Guidelines; believes that the Commission should also rely upon indicators on investment in people skills, on the level of insecurity of jobs and contracts, and on the transition between non-standard to permanent contracts in order to monitor the effectiveness of employment policies;

11.  Opposes the creation of a new indicator on the 'strictness of employment protection legislation', as proposed by the Commission;

12.  Believes, however, that one of the problems in the European Union concerns the supply of a skilled and adaptable workforce in competitive and innovative companies; stresses that the priority should be given to the creation of a flexible labour market by raising educational levels and expanding apprenticeship opportunities, training and retraining programmes; implementing effective policies against discrimination and breaking down barriers to the integration into the labour force of women, migrants, older or younger workers and other discriminated disadvantaged groups; removing obstacles to occupational and geographic mobility; and active labour market policies that support the transition from an old job to a new job; emphasises the decisive role of skilled and adaptable employees and new technologies in education and training and recalls the new forms of flexibility offered by the social partners' agreement on teleworking, part-time and fixed-term work; disagrees with the Commission's distinction between insiders and outsiders;

13.  Proposes, therefore, that the Council examine, by the end of 2007, the possibility of bringing forward the date for lifting the transitional measures obstructing the freedom of movement for workers from eight of the new Member States to 1 January 2009; stresses that removing obstacles to mobility by the end of 2008 would send an important political message confirming the European Union's commitment to doing its utmost to improving workers" geographic and occupational mobility;

14.  Recalls that the freedom of movement for workers is one of the cornerstones of the European Union, which entails the obligation to address many issues regarding the compatibility of Member States" social systems in order to ensure the full implementation of that freedom, in the best conditions for workers, to the benefit of European competitiveness and without jeopardising the achievements and balances of national social systems;

15.  Emphasises that in a globalised world, Member States must step up their efforts to treat all individuals equally in cross-border regions and that best practice requires the conclusion of fair bilateral agreements in the spirit of reciprocity between Member States;

16.  Notes that flexicurity should support and implement gender equality by promoting equal access to quality employment for women and men and by providing possibilities for reconciling work and family life, particularly in view of the fact that three-quarters of new jobs created in the European Union since 2000 are occupied by women, often already under flexible and less secure employment contracts;

17.  Proposes, therefore, that the European Council in December 2007 adopt a more balanced set of common principles of flexicurity, based on the creation of quality employment and the strengthening of the values of the European Social Model; considers that those principles should include:

18.  Recalls that the European Union has certain competences in the field of employment and social policy within the principle of subsidiarity and proportionality, and reminds the Commission and the Member States of their responsibility in guaranteeing certain rights at EU level; recalls that European legislation complements national labour market rules and is an important element when it comes to securing the rights of workers;

19.  Stresses the importance of the subsidiarity principle; emphasises that the Member States need a margin of discretion in order to balance the need for protection against the need for flexibility in accordance with the conditions and traditions of their respective national labour markets;

20.  Calls on the Commission and the Member States to pay particular attention to the legal situation of the self-employed, small businesses and SMEs, which is characterised by a high level of economic dependence on their customers, and to consider the most appropriate legislative means to raise their level of social protection;

21.  Stresses that the specific challenges for SMEs, and those working in SMEs, need to be taken into account in this context;

22.  Regrets that the Council has failed to progress key employment dossiers which could help promote flexicurity as a positive concept;

23.  Calls for a renewed fight against undeclared work and the black economy, which – although to a varying degree among the Member States – damages the economy, leaves workers unprotected, is detrimental to consumers, reduces tax revenues and leads to unfair competition between firms; calls on the Commission to combat undeclared work namely through more efficient coordination and administrative cooperation between national labour inspectorates and/or social partners; calls for intensive national coordination between public and private organisations involved and calls on Member States to use innovative methods based on indicators and benchmarks specific to the different business sectors in order to fight against fiscal erosion; calls upon the Commission to support the exchange of best practices between Member States in the fight against undeclared work;

24.  Is convinced that a climate of trust and dialogue can be created most effectively through the involvement of social partners and other stakeholders in adjusting national policies and promoting collective agreements as part of a participative employment system in which there is a high level of trust as a result of which a balance is guaranteed; stresses the need to address deficiencies in the coverage of collective bargaining and the need to guarantee rights of association and representation of the two sides of industry; encourages the extension of collective bargaining and social dialogue according to national customs and practices - including cross-border dialogue and sectoral dialogue - so that they include training, work organisation and issues that are connected with anticipating change, restructuring and relocation;

25.  Recalls that there is no one-size-fits-all approach to flexicurity and that each Member State should formulate the elements of their flexicurity concept on the basis of its own situation and national traditions, within the framework of the common principles;

26.  Stresses that all models of flexicurity should be based on common values that underpin the European Social Model; believes that flexibility and security requirements reinforce one another and that flexicurity allows firms and workers to adapt appropriately to the new international situation, with strong competition from the emerging economies, while maintaining a high level of social protection, social security and unemployment benefits, health and safety protection, active labour market policies, training and lifelong learning opportunities, and modern and transparent labour law; highlights, moreover, the success of recurrent and effective collective bargaining that strong and representative social partners can provide and also emphasises the need for broad welfare provisions and universal access to good quality services, such as childcare and care for other dependants; further stresses that guaranteeing those levels of social protection can support labour mobility and structural change by increasing the willingness to take risks; stresses that well-designed job protection systems provide business with the incentives to invest in workers" skills and look for innovative and productive ways to restructure, thereby enhancing internal flexibility and adaptability of business;

27.  Calls on the Commission to promote the development of the four policy components laid down in its communication on flexicurity: adaptable and reliable contractual arrangements, comprehensive lifelong learning strategies, effective active labour market policies and modern social security systems; also calls on the Commission to look at flexicurity within the wider context of the European Social Model;

28.  Emphasises that the fight against labour market segmentation should include the provision of a core of rights for all employees regardless of their specific employment status, which should include: equal treatment, protection of workers' health and safety and provisions on working and rest time, freedom of association and representation, protection against unfair dismissal, collective bargaining and collective action, and emphasises the importance of access to training as well as the continued protection of acquired rights by covering periods of education and training, improved care opportunities, maintaining essential social rights such as pension rights, training rights and right to unemployment benefits during changes in occupational situation between employment contracts and from dependent to autonomous employment; recalls that core rights and labour law provide fair living and working conditions, adequate remuneration and social protection leading to a guarantee of minimum conditions for a decent life;

29.  Stresses the need to introduce policies that prevent worker exploitation through the accumulation of non-standard contracts that do not contain the same rights as full-time employment contracts; calls for every Community employment policy to continue to keep the traditional model of the open-ended employment contract, which forms the basis of the social security systems in Member States;

30.  Stresses the need to introduce preventive and supplementary measures to counteract the recurring accumulation of atypical contracts;

31.  Calls for the creation of comprehensive lifelong learning systems, also applicable to workers with non-standard contracts; calls on the Member States to focus strategies on areas of national weakness and make tailor-made investments in education and training and to ensure that the performance of public authorities and businesses improves; calls upon the Member States to ensure the right and access to training for all;

32.  Calls for strengthening systems of industrial relations at EU and national level as a key to reaching and implementing flexicurity policies that are balanced and provide firms with the right kind of flexibility while ensuring that unfair competition at the expense of working conditions is ruled out;

33.  Emphatically acknowledges the achievements that European businesses have already made voluntarily in the social sphere, and encourages them to do still more; supports the Commission's well-considered initiative, which intends to leave the Corporate Social Responsibility commitment of companies on a voluntary basis thus also preventing the creation of extra bureaucracy;

34.  Stresses the need for companies to anticipate changes and their human resource requirements in order to plan internal training and retraining programmes for their employees;

35.  Recalls that subcontractors, new workers and casual workers are subject to flexibility with a higher probability of risk, as evidenced by their high accident rate;

36.  Considers that lifelong learning should address opportunity gaps among workers and must start in the early education system; takes the view that illiteracy and innumeracy must be fought, and qualification levels of all school leavers must be improved, beginning in the early education system;

37.  Calls on the social partners and the public authorities in the Member States to promote and invest in lifelong learning; calls, moreover, on Member States to encourage companies to increase their investment in lifelong learning;

38.  Stresses the importance of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) in creating new and better companies that will promote a Europe of knowledge;

39.  Recognises that innovative forms of work organisations such as learning organisations, multi-skilling and job rotation via training offered by employers, sectoral fund initiatives, regional development aid and active labour market policies support an inclusive labour market;

40.  Is convinced of the importance of encouraging stable employment relationships by improving the organisation of work and the quality of relationships at the work place based on trust and dialogue; furthermore is convinced that employment law, modern forms of lifelong learning, sustainable social security systems and effective and efficient employment policy can contribute to a high level of confidence;

41.  Recalls the importance of effective, active labour-market policies, including advice and guidance, retraining and help with mobility in order to shorten transition periods between jobs and welfare systems that should actively motivate people to look for new job opportunities while also encouraging openness to change by mitigating income loss and providing opportunities for education;

42.  Stresses the need to facilitate mobility by developing pathways of upward mobility in order to make it easier for workers to shift to more secure, stable and highly skilled employment and by promoting the recognition of skills and qualifications acquired during periods of formal education and non-formal and informal learning as defined in the Commission's above-mentioned staff working document on Progress Towards the Lisbon Objectives in Education and Training;

43.  Recalls the right of access to lifelong learning, and the recognition and transferability of formal, non-formal and informal education and competences, which are crucial factors in enabling individuals to be able to make transitions between jobs, and from unemployment or inactivity to employment, being elements that improve their employment chances;

44.  Calls on the Member States to introduce measures in order to promote equal access to quality employment for women and men that comply with the European Pact for Gender Equality and the Communication on the Demographic Future of Europe; calls on Member States to close the existing gender pay gap;

45.  Notes that women and men neither have the same starting point in the labour market, notably in terms of power balance, nor in the distribution of unpaid work;

46.  Underlines the importance of taking into consideration all aspects of flexibility, including flexibility of work organisation and working time, in particular through the use of new technologies; stresses the need for the social partners to negotiate working time arrangements better, to be sufficiently flexible to meeting the needs of employers and employees and to enable people to balance work, family and personal life;

47.  Calls on the Member States and social partners to reduce their policies of putting workers into early retirement and to introduce arrangements supporting the flexible retirement of older workers through part-time employment, job-sharing and similar schemes that promote active ageing and may increase the integration of older workers into the labour market;

48.  Reminds the Member States that in order to translate flexicurity into higher aggregate employment, there must be a supportive macro-economic environment and the strategy for flexicurity must include improved coordination of macro-economic policies and public spending in support of smart growth, with a shift in spending towards the objectives of the Lisbon Strategy;

49.  Reminds the Commission of the need to provide Parliament with the necessary time, and in any event no less than five months, to fulfil its consultative role;

50.  Considers that the common principles of flexicurity should be taken up as a cross-cutting issue and implemented by the Community institutions and the Member States within the framework of the Lisbon Strategy; calls for a revision of the Employment Guidelines to allow aspects of flexicurity to be taken into account; and also for the inclusion of a specific chapter regarding the quality and strength of social dialogue in the annual Joint Employment Report; calls on the Commission and the Member States to involve Parliament and national parliaments as well as the social partners more effectively, in accordance with national custom and practice, in the implementation and monitoring of the Open Method of Coordination, including the European Employment Strategy and the Employment Guidelines in order to optimise the efficiency of those policies; notes that the measures that fall within the Employment Guidelines, including flexicurity, are eligible for ESF support, in particular training and active labour market measures, and calls on Member States to ensure that ESF programmes contribute to the implementation of the European Employment Strategy and to flexicurity strategies;

51.  Calls on the European Council and the Commission to set an ambitious reform agenda both at EU and national level; moreover, calls on the institutions to draw up, together with Parliament, a vision for the future of social Europe; emphasises that in order to strengthen growth and increase levels of employment and quality of work, social rights and protection, which are firmly anchored in European tradition, must be ensured; stresses that the European Social Model, together with ambitious national reforms to promote more employment, will offer, in this way, real added value for working people and citizens using all the tools at its disposal; believes that only an internal market which balances economic freedom with social rights can obtain the support of its citizens;

52.  Instructs its President to forward this resolution to the Council, the Commission, the Social Protection Committee, the European Employment Committee, and the governments and parliaments of the Member States and the candidate countries.

(1) OJ C 256, 27.10.2007, p. 108. (2) OJ C 256, 27.10.2007, p. 102. (3) OJ C 256, 27.10.2007, p. 93. (4) Texts adopted, P6_TA(2007)0339. (5) OJ L 303, 2.12.2000, p. 16. (6) OJ C 305 E, 14.12.2006, p. 141. (7) OJ L 175, 10.7.1999, p. 43. (8) OJ C 292 E, 1.12.2006, p. 131. (9) OJ L 18, 21.1.1997, p. 1. (10) OJ C 313 E, 20.12.2006, p. 452. (11) Texts adopted, P6_TA(2007)0206. (12) OJ L 45, 19.2.1975, p. 19. (13) OJ L 204, 26.7.2006, p. 23. (14) OJ L 39, 14.2.1976, p. 40. (15) OJ L 348, 28.11.1992, p. 1. (16) OJ L 216, 20.8.1994, p. 12. (17) OJ L 254, 30.9.1994, p. 64. (18) OJ L 269, 5.10.2002, p. 15. (19) OJ L 14, 20.1.1998, p. 9. (20) Texts adopted, P6_TA(2007)0062.

European Parliament resolution of 29 November 2007 on a renewed EU Tourism Policy: Towards a stronger partnership for European Tourism (2006/2129(INI))

P6_TA(2007)0575 A6-0399/2007

The European Parliament,

–   having regard to the Communication from the Commission entitled "A renewed EU Tourism Policy: Towards a stronger partnership for European Tourism" (COM(2006)0134),

–   having regard to the Communication from the Commission entitled "Agenda for a sustainable and competitive European tourism" (COM (2007)0621) ("Agenda 21"),

–   having regard to its resolution of 8 September 2005 on new prospects and new challenges for sustainable European tourism(1),

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

–   having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Culture and Education and the Committee on Regional Development (A6-0399/2007),

A.   whereas tourism is mentioned once in the EC Treaty as an activity that can be subject to "measures" (Article 3 of the EC Treaty), but is not understood to fall within the EU's competence or to be an EU policy area;

B.   whereas the Community has a competence, however, to take measures to ensure the efficient functioning of the internal market, including tourism services (Article 95 of the EC Treaty), the consumer protection approach being a particularly relevant approach in this context;

C.   whereas the tourism sector is at the crossroads of numerous EU policies that have a substantial impact on its efficiency and its capacity to contribute to growth, employment and social and territorial cohesion,

D.   whereas, notwithstanding the fact that Parliament, in its abovementioned resolution, spelled out the guiding principles for a European sustainable tourism policy, some individual aspects of that policy should be stressed in order to enable them to be translated into reality more speedily;

E.   whereas the Tourism Sustainability Group presented a report in February 2007 laying down guidelines that served as a basis for the Commission while drawing up the Agenda for a sustainable and competitive European tourism;

F.   whereas it has not been possible to develop a consistent cross-policy approach to tourism at EU level, resulting in drawbacks and the insufficient development of this sector as well as increasing the risk of Europe losing its market share in this sector;

G.   whereas the environmental and social dimension of tourism needs to be strongly emphasised in the interest of sustainability;

H.   whereas the situation in certain popular European tourist destinations is deteriorating and riotous and violent incidents sometimes occur in these destinations, which render them less attractive;

I.   whereas the Treaty on the Functioning of the European Union in its new Article 176b gives the EU and in particular the European Parliament more competences in the field of tourism policy;

J.   whereas the important role which tourism can play in promoting the social inclusion and integration of the most disadvantaged population groups should be stressed;

Tourism and EU Visa policy

1.  Stresses the importance to Europe of tourism, including tourism from third countries;

2.  Highlights, in particular, the need to simplify visa application procedures on a reciprocal basis and to reduce the costs of tourist visas for entry into any Member State;

3.  Highlights the possibility for concerned Member States to make use of Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention(2) as a new tool for facilitating tourism from bordering third countries;

4.  Calls on the Member States that are party to the Schengen Agreement to establish common consular desks for the grant of visas to non-EU applicants, to ensure that these desks have the same working methods and apply the same visa criteria and to improve the reception given to visa applicants through, for example, the management of appointments, the way in which interviews are carried out and the time limit for processing applications, since this would lead to significant budgetary savings for the Member States;

5.  Stresses the need to review, in the proposal to establish a Community Code on Visas(3), the number and type of documents that are requested from visa applicants;

6.  Strongly recommends that there should be a presumption in EU visa policy in favour of issuing multiple-entry visas;

7.  Points out that longer-term visas of at least one year's validity are needed by tour operators and transport companies so that they can hire the right personnel in order to meet the needs of their clients; insists on the need to maintain and enhance the delivery of visas for groups;

8.  Calls on the Schengen Member States to simplify Schengen visa application procedures for tourists who have already been issued with visas for non-Schengen Member States or have already arrived in these countries, and calls on the non-Schengen Member States to do the same for holders of Schengen visas;

9.  Recognises, however, that the simplification and harmonisation of visa application procedures and the general facilitation of entry into the EU for tourists from third countries have to be compatible with the security rules required in order to combat illegal immigration, terrorism, and organised crime, especially cross-border crime;

Statistics

10.  Recalls that there is an absolute need for adequate, trustworthy, homogeneous and up-to-date information on tourism so that key strategic and management decisions can be taken in the public and private sector, and a need to develop adequate accompanying measures and orientations at EU level, in order to ensure that Europe remains the first destination in international terms and becomes competitive once again;

11.  Calls for a review of Council Directive 95/57/EC of 23 November 1995 on the collection of statistical information in the field of tourism(4) so as to ensure better harmonisation of data collection by Member States, in relation to both the quantitative and qualitative aspects of the supply of data;

12.  Welcomes the initiative to modernise the legal framework pertaining to tourism through a new Regulation to be implemented uniformly across the EU; points out that this reform should be carried out swiftly;

13.  Calls on the Commission to seek possibilities for encouraging the Member States to implement Tourism Satellite Accounts (TSAs) since such instruments allow tourism to be accurately compared with other economic sectors and can contribute to a better understanding of the true size and value of the tourism industry;

14.  Emphasises the need to increase awareness of the importance of tourism to economies and regional development; calls on the Member States to fully adopt TSAs and to update statistics on a yearly basis so as to ensure that timely and adequate data are available to support the complete and sound integration of tourism into economic and employment policies;

15.  Urges the Commission to examine the need to collect statistical information and quality data in order to allow for an assessment of the impact of tourism on the economy, the environment and the quality of life of the inhabitants of popular tourist destinations;

16.  Calls on the Commission to publish a report on the various national schemes in place for the protection of special natural and historic sites by means of specific town planning and building regulations and, where appropriate, to encourage best practice in these areas through the publication of guidelines;

17.  Calls on the Commission to draw up a harmonised scoreboard describing the condition of natural and historic sites, and in particular the impact of tourists on these sites, with a view to regulating the number of visits and ensuring that they are properly preserved and passed on to future generations;

18.  Urges the Member States to promote regional planning which will help to prevent the emergence of undertakings geared to mass tourism which have a highly detrimental effect on the conservation of nature and of the cultural and historical heritage and which neither form part of nor involve local communities;

Harmonisation of quality standards for tourist accommodation in Europe

19.  Notes the multiplicity of classification schemes in the Member States and considers that this situation, from the point of view of the consumer, has a negative impact on the industry's reliability and on transparency;

20.  Notes that consumers regard the system of classification as an important instrument for choosing a hotel or other accommodation; therefore considers it important that accurate information on the meaning of the classification in the different countries be easily available to consumers and that it take their needs into close consideration;

21.  Considers it advisable and possible to establish a common ground and common criteria for customers in order that they be able to make a choice, on the basis of clear and verifiable classification criteria, when they decide to travel abroad;

22.  Notes, in this respect, that, given the great number of criteria in certain national and regional systems, the simplification of current standards would achieve the aim of clarifying and facilitating information for the consumer and would also ensure better levels of transparency with regard to tourist accommodation;

23.  Calls on the European hospitality industry to:

24.  Calls on local, regional and national authorities, whenever making a contribution to systems of classification, to support, within the framework of proper public/private partnerships, the current work of the European hospitality industry in relation to both the transparency and approximation, via benchmarking, of the existing classification systems;

25.  Is aware that a common classification system at EU level would be very difficult to achieve given the variety of hotel types and tourist accommodation as a result of local requirements, cultures and sensitivities, and in view of the very different structures of current classification plans;

26.  Considers, however, that a set of guidelines based on common and uniform criteria for the entire EU could take into account the interests of the consumer, while respecting the environment and local characteristics;

27.  Calls on the Commission, in cooperation with European hotel and catering organisations, such as HOTREC (Hotels, Restaurants and Cafés in Europe), and with the European consumer protection organisations, to establish a methodology for creating such minimum standards on safety and quality of accommodation services; stresses that such a methodology could include the introduction of an EC mark for accommodation that would encompass pan-European common criteria providing consumers with an assurance as to the minimum level of quality to be expected whatever Member State is visited;

Quality management schemes

28.  Calls on the European hospitality industry to pursue its work in relation to the setting up of a European "umbrella" for quality management schemes and to inform regularly the Community institutions of progress made;

29.  Encourages stakeholders from the European hospitality industry to further develop European standards with the aim of, inter alia, facilitating the transmission of information to the recipients and improving the quality of service provision; and calls on the Commission and the Member States to support their efforts where necessary;

30.  Calls on local, regional and national authorities, whenever involved in quality schemes, to support, within the framework of proper public/private partnerships, the current work of the European hospitality industry in relation to a European "umbrella" for quality management schemes;

31.  Welcomes the fact that environmental protection labels are on the increase, but considers that the multiplication of labels at local level can confuse tourists and affect transparency, prompting the need for better information for tourists and a consolidation of current labels, thus ensuring better international recognition;

32.  Calls on the Commission, in cooperation with HOTREC, as the European catering trade association, to promote labelling processes regarding tourist accommodation carried out in the different Member States and to promote quality models that have proved effective elsewhere (for example the Qualmark in New Zealand) in order to improve visibility;

33.  Calls on the Commission, the Member States and stakeholders to contribute to the enhancement of a sustainable labelling process based on economic, social, territorial, environmental and cultural criteria by showcasing best practice, transfer of best practice and encouraging initiatives by industry leaders;

34.  Calls on the Commission and the Member States to promote the use of eco-labels for tourist facilities, sites and services;

Consumer protection

35.  Is aware of the fact that tourists are increasingly booking their travel (transport, accommodation, etc.) directly using electronic means and avoiding intermediates- tour operators and travel agents- whose market share is diminishing (from 98% in 1997 to 60% in 2007) but who are still subject to legal regimes, such as Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours(5); stresses that this anomaly needs to be rectified by incorporating into Directive 90/314/EEC all websites that offer more than one service for sale, such as those offered by low-fare airlines and other actors in this market;

36.   To this end welcomes the working document of the Commission of 26 July 2007 on the review of Directive 90/314/EEC which addresses the issues relating to the different regulatory regimes applicable to traditional tour operators and providers of dynamic packages over the Internet;

37.  Stresses the increasing role of new technology in the tourist industry, particularly for the marketing of tourist products as well as for the enhancement of cultural goods and events;

38.  Considers that the rapid development of the use of IT technologies for tourist services requires a consumers and personal data protection framework for electronic bookings, which might be based on a prior analysis of this market by the Commission; believes that such a framework should ensure that online consumer rights and personal data are protected and that consumers receive information that is true, not deceptive, up-to-date and unambiguous; therefore recommends, in the interests of consumer protection, the certification of sites that provide information and offer tourist services (reservation and payment) of an electronic nature;

39.  Stresses the positive role played in this area by organisations working in the field of social tourism, whose activities should be encouraged and supported;

40.   Welcomes the Commission proposal of 7 June 2007 for a Directive of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange (COM(2007)0303), aimed at extending the scope of the existing regulatory framework so as to include new long-term holiday products that have emerged on the market over the last years and certain transactions, such as resale and exchange, related to timeshare; considers that the proposal will enhance consumer protection in the tourism sector and create a level playing field protecting the honest timeshare industry from unfair competition;

41.  Regrets the absence of a specific legal instrument covering the safety of services, which is crucial in the tourism sector and calls on the Commission and on the Member States to evaluate the possibility of addressing this issue in order to allay the concerns expressed by several of its Members;

42.  Calls on the Commission, in order to inform tourists of the various regulations that apply in Member States other than their own country of residence, to conduct a European promotional campaign on road safety, drawing attention to new common control measures;

43.  Calls on the Commission to simplify procedures in relation to hazard analysis critical control points (HACCP) and to take into account the needs of small businesses, with particular regard to micro-businesses;

Health tourism

44.  Stresses the importance of making use of all available Community programmes, including the Second Programme of Community Action in the Field of Health (2008-2013)(6), in order to promote health-related tourism;

45.  Stresses that businesses in the insurance sector must play a greater role in supporting health-related tourism; in addition, emphasises that businesses in the insurance sector should be given support in finding solutions for trans-boundary cooperation in order to finance health-related tourism.

46.  Considers, in view of the decline in health tourism, that there is a need for the adoption of a specific Community directive to define the recognition and use of hydro-thermal resorts and, more generally, the role of health tourism and thermal cures in connection with tourist facilities in the various Member States – apart from the health, social security and insurance aspects – by also making available sufficient financial resources to enable a strategically important sector of the Member States" economy to embark on a suitable development process, so as to significantly increase new direct and indirect employment;

Accessible tourism

47.  Welcomes initiatives to coordinate at European level the information on accessible tourism that would allow tourists with reduced mobility and their families to find information on the accessibility of tourist destinations; calls on all Member States, tourism providers and national and local tourist organisations to join and/or to support this kind of initiative;

48.  At the same time, calls on the Commission and the Member States to consider the feasibility of drawing up a charter of the rights and obligations of European tourists, in view of the riotous and violent incidents caused by European tourists in European tourist destinations, and also a European code of conduct for tourist businesses;

49.  Calls on the Commission and the Member States to begin the process of setting up an "Access for all" EC label scheme that would guarantee core accessibility facilities for tourists with reduced mobility and would cover offers concerning, for example, accommodation, restaurants, leisure and natural sites, auditoriums, monuments, museums, etc.;

50.  Stresses, furthermore, the need to protect, preserve and restore the European cultural heritage; and calls for more stringent management of such sites and of the conditions under which they are visited, and for greater efforts to improve access for people with disabilities, growing numbers of whom now travel for leisure purposes;

51.  Calls on the Commission to draft a Communication with an action plan on the enhancement of an EC label "Access for all" based on the work it has already carried out, on experiences and best practices at national and local level and taking stock of what has been achieved at EU level in the transport field;

52.  Notes that the accessibility of tourist destinations is a matter that also has to do with the transport services provided or available; calls, therefore, on the Commission, for the purposes of the new European tourism policy and of developing European transport policy, to take due account of the accessibility handicap affecting regions with specific natural or geographical characteristics, such as the outermost regions, island and mountain regions, and the sparsely populated northernmost regions;

Socially, economically and environmentally sustainable tourism

53.  Points to the need for the new tourism policy to make European tourism sustainable in economic, social, territorial, environmental, and cultural terms; accordingly endorses the specific steps to be taken by the Commission to promote the economic and social sustainability of European tourism; and applauds the Commission for taking the initiative of drawing up the Agenda for a sustainable and competitive European tourism;

54.  Welcomes the fact that the Commission calls for the promotion of sustainability in tourism, and stresses that social, economic and environmental sustainability is a fundamental prerequisite for the development and maintenance of any tourist activity;

55.  Insists on the need to support and promote more sustainable and socially responsible practices in the tourist industry and to evaluate their effectiveness, so that the industry receives greater prominence in the renewed Lisbon Strategy;

56.  Stresses that sustainably developed tourism must offer local economies (especially in disadvantaged regions) a long-term source of revenue, must help to promote stable employment with entitlements and must support other economic activities (both upstream and downstream), yet at the same time it must safeguard and enhance the cultural, historical, landscape and environmental heritage;

57.  Welcomes the Commission's initiative in proposing the Agenda for a sustainable and competitive European tourism as a basis for tourism policy; calls on the Commission to provide the Member States with a guide making it possible to improve political coordination in the development of tourism at national, regional and local levels and enhance the sustainability of tourist activities;

58.  Emphasises that threats to the environment, especially carbon dioxide emissions, require the tourism industry to be involved in the education of tourists regarding environmental issues when drawing up environmental policy;

59.  Considers that tourism is partly responsible for the harm caused to the environment, which is related to the increasing amount of journeys made; stresses that representatives in the field of tourism should involve themselves in activities which concern issues pertaining to environmental protection and their planning;

60.  Calls on the Commission to cooperate with neighbouring countries (those to which the European Neighbourhood Policy applies and others in the eastern European and Mediterranean region) in the field of tourism and to support Low-Income and Middle-Income Developing countries further through EU foreign direct investment and joint ventures in the area of tourism, according to a sustainable tourism development strategy;

Passenger rights

61.  Considers that a substantial set of rules exists at EU level for passenger rights in the field of air transport which promote accessibility and offer fair compensation in the event of a delay or cancellation but also in the event of an accident;

62.  Stresses the point that it is currently endeavouring to ensure that substantial supplementary provisions are drawn up in order to consolidate such rights for rail and ship passengers so as to guarantee a harmonised scheme at EU level;

63.  Calls on the Commission and the Member States to ensure the provision of information to passengers, and, in particular, the proper implementation of those passenger rights, and particularly of air passenger rights, and to ensure that easily accessible arbitration mechanisms are provided for by the Member States in situations where a defaulting operator fails to pay damages;

64.  Calls on the Commission to reflect on an approach through which the EU could offer protection to passengers that have been left behind by a defaulting charter operator, intermediates or scheduled carriers as a result of bankruptcy or intentional abuse; suggests that an EU-wide blacklist of such operators be established, on the basis of criteria clearly defined by the Commission, following consultations with transport and/or tourism operators and consumer protection organisations;

Promotion of European tourist destinations

65.  Welcomes the fact that the European Tourist Destinations Portal has been set up with the help of Commission funding; calls on the Commission to continue to help promote Europe as a tourist destination or a collection of attractive tourist destinations, for instance by introducing and publicising a "Europe" label and organising arrangements and channels for gathering information on European tourist destinations and subsequently circulating it to those working in the tourism industry outside Europe;

66.  Welcomes the implementation of a selection process for designating yearly outstanding European tourist destinations ("European destination of excellence"), as proposed in its abovementioned resolution; considers that those initiatives are valuable in that they make more visible the variety and wealth of European destinations; stresses the point that, wherever possible, the EU should promote those lesser known destinations, particularly in the new Member States;

67.  Advocates, in view of the need to protect the quality of tourism in popular European tourist destinations, that this initiative be used to develop responsible and sustainable tourism in all tourist regions of the EU;

68.  Calls on the Commission and the Member States, given that cross-border infrastructure is essential for the European tourism sector, to improve such infrastructures, including recreational (inland) waterways;

69.  Calls upon the Commission to promote more vigorously Europe's transport and industrial heritage;

70.  Encourages, therefore, initiatives seeking to enhance the European cultural heritage, such as the Council of Europe's Cultural Routes, and insists that their profile be raised; proposes, to that end, that support be given for the creation of a European Heritage label aimed at highlighting the European dimension of the EU's sites and monuments;

71.  Stresses the urgency of protecting traditional culture, and in particular endangered folk arts, crafts, trades and knowledge, which are essential for the preservation of national identity and the attractiveness of rural areas for tourists;

72.  Calls on the Commission to promote European destinations in those countries whose peak seasons coincide with the European low seasons and to look into the possibility of endorsing agreements, such as Memorandums of Understanding, with these third countries in order to develop tourist fluxes with an optimised seasonal spread;

73.  Calls on the Commission to highlight the cultural dimension of European tourism by promoting European UNESCO world heritage sites as testimonies of European culture;

74.  Urges the Commission to promote the cross-border memorial cycle route along the former Iron Curtain as an example of "gentle mobility" in tourism and as a symbol for the reunification of Europe;

Tourism development

75.  Urges the Commission, the Member States, the regions, local authorities, and the tourism industry to coordinate the policies with a direct or indirect impact on tourism, cooperate more closely among themselves, and make better use of the European financial instruments available in the period from 2007 to 2013 with a view to developing European tourism, focusing on the competitiveness of the tourism industry and tourist destinations, the development of tourism enterprises, services, and facilities, job creation, mobility, and vocational training in the tourism sector, and economic diversification and the development of Europe's regions, in particular the less-favoured regions;

76.  Calls on the Commission to draw up a report on the impact that actions and proposals in the area of other Community policies are likely to have on the tourist industry, in order that a holistic and integrated approach towards the sector can be taken and in order to avoid any fragmentation of the European tourism policy;

77.  Invites all stakeholders to promote tourist destinations in accession countries but insists on the need to link any EU funding related to tourism to the promotion of high quality standards in the provision of tourist services;

78.  Is aware of the benefit of coach holidays for tourists with lower incomes and for the development of tourism in regions which are not serviced by regional airports or railways; draws attention to the special situation of small and medium-sized coach companies vis-à-vis Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport(7) , particularly in relation to roundtrips; calls on the Commission to address this particular issue by examining possibilities of postponing the rest period after roundtrips (not exceeding 12 days);

79.  Stresses that small and medium-sized enterprises should have greater involvement in tourism-related entrepreneurship and that possibilities for simplifying procedures to obtain financial support should be found; further stresses that EU sponsored training and best practice adoption courses should be introduced in regions, especially in the new Member States;

80.  Suggests that the Commission study the possibility of a "Youth Transport Pass" for young Europeans receiving Erasmus, Leonardo or Comenius grants or carrying out voluntary civilian service in the EU, so as to make it easier for them to travel and familiarise themselves with their host country;

81.  Stresses that, on the basis that the Leonardo da Vinci programme is one of a kind in the tourism sector of numerous countries, these opportunities should be developed and promoted; emphasises that this would lead to a vast improvement in the educational programme; highlights that, in addition to the implementation of the programme, research into results achieved should be carried out;

Miscellaneous

82.  Draws attention once more, given the scale of forthcoming change in the demographic structure of the EU, to the need to implement a European tourist programme for retired people out of season, which would improve the quality of life of senior citizens in the EU, create employment and generate greater demand and growth in the European economy; believes that this could be called the Ulysses Programme;

83.  Approves the Commission's plans to facilitate the cooperation of actors that foster the acquisition of knowledge, such as universities, research institutes and public and private observatories in the field of tourism, and to encourage mobility across Europe through the support of trans-national training and work placements and exchanges and through the development of training methods, materials and contents;

84.  Calls on the Commission to request that an overall impact assessment be carried out in relation to the idea of staggering European holidays in terms of dates and on a regional basis;

85.  Stresses the need for Community assistance for Member States whose tourist sector has been affected by natural disasters;

86.  Stresses the importance of multilingualism in tourism policy and recommends that information be provided, in as many Member State languages as possible, on sites which can be visited;

o
o   o

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

(1) OJ C 193 E, 17.8.2006, p. 325. (2) OJ L 405, 30.12.2006, p. 1. (3) Commission Proposal of 19 July 2006 for a Regulation of the European Parliament and of the Council establishing a Community Code on Visas (COM(2006)0403). (4) 1 OJ L 291, 6.12.1995, p. 32. (5) OJ L 158, 23.6.1990, p. 59. (6) Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-13) (OJ L 301, 20.11.2007, p. 3). (7) OJ L 102, 11.4.2006, p. 1.

European Parliament resolution of 29 November 2007 on trade and climate change (2007/2003(INI))

P6_TA(2007)0576 A6-0409/2007

The European Parliament,

–   having regard to the reports of the three working groups of the Intergovernmental Panel on Climate Change (IPCC) entitled, 'The Physical Science Basis', 'Impacts, Adaptation and Vulnerability' and 'Mitigation of Climate Change', all published in 2007,

–   having regard to its resolution of 23 May 2007 on the EU's Aid for Trade(1),

–   having regard to the European Council Presidency conclusions of 8 and 9 March 2007,

–   having regard to the Commission communication on Limiting Global Climate Change to 2 degrees Celsius - The way ahead for 2020 and beyond (COM(2007)0002),

–   having regard to the Commission proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (COM(2006)0818),

–   having regard to the Stern review on the Economics of Climate Change, presented on 30 October 2006,

–   having regard to the OECD report on 'Biofuels: is the cure worse than the disease', of 11 and 12 September 2007,

–   having regard to the presentations by the co-chair of IPCC Working Group III, Bert Metz, and other experts appointed by Parliament, during a hearing on Trade and Climate Change on 27 June 2007,

–   having regard to its resolution of 25 October 2006 on the annual report from the Commission to the European Parliament on third country anti-dumping, anti-subsidy and safeguard action against the Community (2004)(2),

–   having regard to its resolutions on bilateral trade and investment relations, notably those of 13 October 2005 on prospects for trade relations between the EU and China(3) and of 28 September 2006 on the EU's economic and trade relations with India(4),

–   having regard to its resolution of 4 July 2006 on reducing the climate change impact of aviation(5),

–   having regard to its resolution of 16 November 2005 on "Winning the Battle Against Global Climate Change"(6),

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

–   having regard to the report of the Committee on International Trade and the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Industry, Research and Energy (A6-0409/2007),

A.   whereas the economic and ecological impact of climate change is assuming disturbing proportions and the EU, which has already taken on a leading political role in this area, should redouble its efforts,

B.   whereas it is estimated that a reduction in global emissions by as early as 2015, with a 25 % to 40 % reduction by 2020 in developed countries, would not ensure that the objective of limiting temperature increases to 2°C above pre-industrial levels would be attained,

C.   whereas limiting global warming to 2˚C would reduce, but not eliminate, dramatic consequences for agriculture, weather hazards, migration and biodiversity,

D.   whereas global trade has increased at more than twice the rate of global economic output in recent decades,

E.   whereas the volume of sea transport is 40 times that of air transport in tonnes per km and yet produces only twice the greenhouse gas (GHG) contamination, whilst lorries produce four times more GHG emissions than trains in tonnes per km,

F.   whereas freedom of choice as regards the means of transport used is essential to worldwide trade,

G.   whereas there is an urgent need to develop production, consumption and trade patterns that mitigate climate change and its economic impact and maximise total welfare,

H.   whereas energy efficiency, sustainable traffic management and shorter distances between producers and from producers to consumers are elements which must be included in any EU trade policy that has a bearing on the issue of climate change,

I.   whereas promoting sustainable development should continue to be the main objective of EU trade policy, including through seeking to ensure that the policy accelerates the transition to a low carbon, highly energy efficient economy,

J.   whereas consumers should receive the best possible information about the GHG emission effects of their purchases,

K.   whereas prices must include the cost of global commons such as a stable climate,

L.   whereas the UN Climate Change Conference (COP 13) in Bali in December 2007 should launch negotiations to establish a global and comprehensive post-Kyoto agreement (from 1 January 2013), including binding GHG emission targets,

M.   whereas the long-term objective should be to ensure the international convergence of equal per capita GHG emissions by 2050,

N.   whereas the countries that have ratified the Kyoto Protocol have not damaged their competitiveness (with the notable exception of the cement sector) and have positioned themselves as leaders in a world where GHG emissions may be regulated,

O.   whereas this competitive situation may not continue in the post-Kyoto period if some countries, in particular the USA, Australia, China and India, amongst others, are not involved in the '+2°C' objective, thus distorting competition in favour of firms moving to unregulated locations and increasing GHG emissions from production and transport,

P.   whereas action to combat climate change should be taken across a broad front and, if it is to succeed, requires the convergence of all the main players worldwide, depending on their respective levels of development, towards trade policy positions compatible with the objective of combating climate change,

From consensus to action

1.  Welcomes the broad scientific and political consensus on the seriousness of climate change; urges the conclusion of an ambitious, worldwide, post-Kyoto agreement, in line with the scenario of IPCC Working Group III , on the need to limit temperature increases to 2°C and for corresponding adjustments to be made to other international agreements concerning trade, civil aviation and intellectual property; considers that a post-2012 framework should allow different countries to participate, according to their national circumstances, through a short-term, multi-stage approach and that, in the medium-term, emissions should be allocated on a per capita basis, first to developed countries, but eventually to all countries; calls on the Council and the Commission to work towards building a consensus on a post-2012 framework through broadening engagement, to include key parties currently outside of the Kyoto Protocol, notably the USA and Australia, and to collaborate with individual states and businesses in the absence of any commitment made by their governments;

2.  Considers that the EU and its Member States must seek to rigorously apply the Kyoto Protocol's enforcement mechanism procedure when it comes into force, in order to ensure that countries that have not accepted targets or are not meeting them do not enjoy an unfair advantage and that as long as companies are vulnerable to unfair competition from countries that do not accept targets, industry will always find it difficult to improve the carbon-efficiency of its own operations; considers that where a country exceeds the permitted emissions in the first commitment period, it should be required to make up the difference in the second commitment period, in addition to a penalty deduction of 30 %; stresses that the EU must make sure that that requirement is applied as rigorously as possible when it comes fully into force;

3.  Welcomes the Clean Development Mechanism within the Kyoto Protocol as an incentive for investment in developing countries that reduce carbon emissions but notes that it is not yet sufficient to significantly shift investment patterns in those sectors that have the greatest impact on climate change, such as power generation, transport and industrial energy use; considers that, in order to rectify this, the EU should take the lead amongst the developed world in increasing the resources available through the Global Environment Facility;

4.  Considers that increasing trade should be regarded as a positive factor for economic growth and citizens' well-being, once the problems relating to climate change have been taken into account; is worried that the increased volume of trade is making a substantial contribution towards climate change and considers that trade policy must therefore provide part of the solution; emphasises that, given the growing consensus on the urgency to tackle climate change, the EU must increasingly implement trade and investment policies that create economic incentives to meet climate change policy objectives; stresses that the EU may need to use those rules to create economic disincentives for climate-unfriendly activity; considers, however, that this must not be used as an excuse for protectionist policies against developing countries;

5.  Regrets that the current trading system produces a global division of labour which is based on a very high input of transport of homogeneous products which could just as easily be produced locally and that such transport does not bear its own environmental costs;

6.  Points out that while trade can make a significant contribution to economic development and human prosperity, the transport sector (principally road transport), which enables trade in goods and raw materials to take place, is simultaneously responsible for one-third of global GHG emissions; considers that measures to drive a modal shift to more environmentally friendly transport modes (such as rail and water) and to reduce GHG emissions from freight transport are imperative;

7.  Considers that the EU, as a global trade partner, is well-placed to contribute to a worldwide shift in production and transport patterns; considers that a front-running Europe would be in a more competitive situation when stricter regulations are adopted worldwide;

8.  Recalls that the dismantling of administrative barriers to trade, and action to combat climate change, can be achieved only through co-ordinated multilateral action, this being also in the essential interests of the EU, which plays a leading role in both these fields, particularly with a view to retaining European competitiveness;

Towards multilateralism against climate change

9.  Stresses the need for strong cooperation between the UN Environment Programme, the UN Framework Convention on Climate Change and the WTO, and asks the Commission to develop an initiative to support this aim; asks for swift progress to be made in updating the WTO's definition of environmental goods and services, particularly in the current Doha Round negotiations, but recommends, as a starting point, a specific link to climate change, in order to reach agreement on the removal of tariff and non-tariff barriers to 'green' goods and services that prevent or slow the dissemination of low carbon technologies; calls on the Commission to build a consensus on granting Multilateral Environment Agreement (MEA) Secretariats observer status at all meetings of the WTO that are relevant to MEA issues; stresses that a lasting solution must contain a strong political message that respects an appropriate division of labour between the WTO and MEA regimes, based on core competencies; is convinced of the need to redefine the responsibilities of the WTO Committee on Trade and Environment; recommends launching a study on possible amendments to the WTO Agreement on Trade Related Aspects of Intellectual Property Rights in order to allow for the compulsory licensing of environmentally necessary technologies, within the framework of clear and stringent rules for the protection of intellectual property, and the strict monitoring of their implementation worldwide;

10.  Insists that obligations under MEAs, such as the UN Framework Convention on Climate Change or the Kyoto Protocol, must be complied with and that the narrow interpretation of trade rules must not be allowed to prevent or obstruct the attainment of their objectives;

11.  Believes that WTO rules should not prevent Member States from encouraging the further development of low-energy technologies by insisting on technical neutrality, which could undermine incentives for the development of renewable technology;

12.  Asks the Commission to take initiatives at the international level, and particularly within the WTO, to ensure that trade policy as a whole, and in relation to trade volume trends, takes account of its potential impact on climate change;

13.  Calls on the Council and the Commission to ensure that EU bilateral trade agreements and WTO multilateral trade agreements are concluded in keeping with those provisions of the Agreement establishing the WTO, which specify that international trade should be conducted while allowing for the optimal use of the world's resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment; recommends that the 'sustainability clause' be added to the General Agreement on Trade and Tariffs (GATT), the core agreement of the WTO system, setting out agreed principles of environmental policy, such as the polluter-pays principle and the precautionary principle, against which measures can be judged;

14.  Calls, furthermore, on the Council and the Commission to ensure that the WTO Dispute Settlement Body acts in accordance with Article XX of the GATT, which allows its members to take measures, including protectionist measures, necessary to protect human, animal or plant life or health or relating to the conservation of exhaustible natural resources;

15.  Notes that the EU is already a world leader in alternative energy technologies, supporting China and India, particularly regarding the trade and technology transfer of wind and solar renewable energy technologies and that, thanks to efficient and technologically innovative European undertakings, the EU should be a market leader in the worldwide export of environmental goods and services and that Galileo and the Global Monitoring for Environment and Security System could be used to monitor CO2 emissions; calls on the Commission to ensure that energy and particularly the question of renewable energy and efficiency, and their connection to energy security, becomes an integral part of all external EU relations, with a particular emphasis on the European Neighbourhood Policy;

16.  Urges the EU, with a view to achieving the Lisbon objectives, to develop and promote 'climate-friendly' industry at a global level particularly as trade is an important tool for the transfer of technology to developing countries; emphasises the need to reduce barriers to 'green' trade by, for example, removing tariffs on 'green' goods at the WTO level, reshaping the rules on intellectual property rights, facilitating the market entry of green technology by allowing climate concerns to guide export credit guarantees and removing perverse incentives and distortions of the market, such as fossil-fuel subsidies;

17.  Calls for the establishment of an international environmental organisation which would assume responsibility for compliance with international treaties and agreements on environmental protection and combating climate change, and which would, inter alia, work and cooperate with the WTO on issues concerning the impact of trade on the environment;

18.  Recognises that the EU bears a historical responsibility for GHG emissions and realises that substantial changes to its trade policy are required to encourage local production as a means of reducing the need for transport; stresses the need for more intensive technological cooperation with developing and emerging countries, particularly China, Brazil and India, in order to enable them to mainstream environmental protection in their policies; regrets, however, that existing technology-transfer mechanisms like the Clean Development Mechanism are insufficient and therefore calls for increased co-financing and capacity building measures;

19.  Notes that the transfer of energy efficient and other environmentally friendly technologies from the EU to developing countries has a crucial role to play in decoupling economic development from GHG emissions and that suitable investment is needed to promote such a reduction; calls on the Commission to provide incentives by means of suitable supporting finance and the transfer of know-how;

20.  Asks the Commission systematically to include environmental protection clauses, with special reference to reducing carbon dioxide emissions, in its trade agreements with third countries; calls for the transfer of low carbon technology and low carbon trade schemes to developing countries; asks the competent Commission services swiftly to develop a climate change dimension in its Sustainability Impact Assessments (SIAs), to discuss the SIAs with Parliament, and to apply them systematically before the conclusion of the agreements;

21.  Calls on the Commission to argue, in the context of the WTO agreements, for account to be taken of the 'sustainability impact assessment method' and thus to assess, over the long term, how far the classification of environmental goods in the field of renewable energy resources is being properly taken into account in bilateral and multilateral agreements;

22.  Calls on the Council and the Commission to ensure that the negotiations on the new generation of Free Trade Agreements (FTA) with partners in Asia and Latin America include commitments to the social and environmental aspects of trade, particularly addressing trade and investment in renewable goods and services, and sustainable development and to the effective implementation of MEAs; suggests that liberalising trade in renewable goods and technologies and increasing access to environmental services should be a key objective of the Commission in the forthcoming FTA negotiations; stresses the need to introduce WTO-compatible green government procurement policies systematically into bilateral agreements;

23.  Calls for in-depth impact analyses from a climate, gender and sustainability perspective, of the outcome of multilateral and bilateral trade agreements negotiated between the EU and third countries and urges the Commission to authorise explicit support for the management of climate change as part of all aid-for-trade and other relevant development aid;

24.  Supports the Commission's proposal to establish in each trade agreement a sustainable development forum, with a strong climate component, which would be open to participation by elected representatives, civil society (particularly NGOs operating in the environmental field) and other key stakeholders and calls for those fora to be ensured during ongoing negotiations;

25.  Stresses the need to broaden the environmental policy dialogues as well as the energy policy dialogue that form part of EU agreements with third countries or regions to cover questions of climate change and asks the Commission to put forward concrete proposals for benchmarks for progress according to the type of country;

26.  Considers that the conservation of ecosystems which play a valuable role as carbon sinks and biodiversity reserves represent global public goods and need special protection and international financial support; proposes incorporating Forest Law Enforcement, Governance and Trade partnership agreements into all existing and future agreements with third countries;

27.  Recognises that trade too often leads to the overexploitation of eco-systems, particularly forests, in developing countries; urges industrialised countries to take responsibility for the widespread deforestation caused by international trade; emphasises the significant climate impact of deforestation and therefore the long-term economic value and importance of preserving forests intact; calls for serious EU efforts to establish reward mechanisms for 'avoided deforestation' in the international climate negotiations, along with other strong policy measures to promote responsible trade in natural resources; emphasises that policies on strengthened and sustainable forest management should be country-led and calls on the Commission to provide financial and technical assistance in this regard; stresses that assistance from the international community should take into account the opportunity costs of alternative uses of land, the costs of administering and enforcing protection and the challenges of managing the political transition as established interests are displaced; stresses that in order to avoid rural unemployment and rural-urban migration, complementary programmes to help identify new income sources are vital;

28.  Supports the Commission proposal to enhance cooperation with developing countries in areas of climate change adaptation and mitigation through setting up a global climate policy alliance; stresses that intensifying dialogue and moving towards the development and implementation of joint programmes in areas of mutual environmental concern, such as climate change, waste management and illegal logging, with key emerging economies such as China, India, Brazil, Ukraine and South Africa, must be a priority for the EU and its Member States;

29.  Calls for the discontinuation of public support, via export credit agencies and public investment banks, for fossil fuel projects and for the redoubling of efforts to increase the transfer of renewable energy and energy efficient technologies;

30.  Asks the Commission and the Member States to propose legislative instruments in order that Member State export credit agencies and the European Investment Bank take account of the climate change implications of the funded projects when making or guaranteeing loans and impose a moratorium on funding until sufficient data are available, in accordance with advice from the OECD, the G8 and the Extractive Industries Review;

31.  Suggests amending the WTO subsidies agreement in order to reintroduce a clause providing for the non-action ability of certain environmental subsidies;

The EU can do more to avoid CO2 leakage

32.  Repeats the need for a 30 % reduction in EU GHG emissions by 2020, independent of third countries" commitments;

33.  Stresses the need to raise public awareness of the total environmental costs of consumer products; calls on the Commission and the Council to propose measures for the provision of information on the energy consumed, and GHGs emitted, during the manufacture and transport of products placed on sale within the EU, such as the proposal made by the UK Government to introduce carbon footprint product labels displaying the level of CO2 emission caused by the production, transport and eventual disposal of a product;

34.  Insists on the introduction of WTO-compatible common standards and labelling schemes regarding the GHG implications of different products, including at the production and transport stages, as part of a wider consumer information policy, thereby giving consumers the opportunity to contribute to reducing CO2 emissions;

35.  Asks the Commission urgently to draw up an adequate procedure to assess and label those ecological footprints and to develop software in order to enable businesses to calculate the quantity of GHG emitted from every production process;

36.  Stresses that efforts need to be made to internalise external influences linked to trade (such as harmful consequences for the environment), in other words to convert them into a price indication which the market can understand, and to promote fair competition by putting into practice the 'polluter pays' principle (particularly in the areas of road and air traffic), ideally through the global extension of the Emissions Trading Scheme;

37.  Notes the inseparable link between trade and the transport sector; urges that consideration be given to all means of transport and, in particular, those whose emissions have increased significantly in recent years, namely shipping (whose carbon dioxide emissions are thought to be double those of aviation and which could rise by as much as 75 % in the next 15 to 20 years);

38.  Welcomes, within the framework of the 'footprint' approach, the eventual integration of airplanes landing in Europe within the Emission Trading Scheme; calls for the proposal to extend the scheme to cover more sectors, including the marine transport sector to be examined;

39.  Recognises the promotion of ICT-based solutions, the internalisation of the environmental costs of transport in fuel prices, as well as the promotion of rail transport and coastal shipping, sustainable biofuels and the rapid integration of aviation in a rigorously designed Emissions Trading Scheme, as key measures for reducing the impact of trade and transport on the climate; calls on the Commission and the Council to propose measures to promote and choose the least polluting modes of transport, particularly by drawing up provisions relating to the various market instruments;

40.  Urges that aid granted to the transport sector be calculated taking into account the environmental impact of the different modes of transport, and that consideration be given to using WTO-market-compatible trade instruments (such as labelling and standards) which promote climate protection;

41.  Considers that, given that the real carbon cost of road transport is not known, especially in the case of food and other daily consumables, support schemes to promote sustainable local production should be regarded as acceptable and promoted so as to discourage the excessive transport by road of food; also recommends the introduction of climate WTO-compatible labelling standards in order to inform consumers of the ecological footprint of products;

42.  Is especially concerned by the potential negative, environmental and social impact of policies encouraging biofuel and biomass use in Europe; reiterates its earlier calls on the Commission to pursue a WTO-compatible sustainability certification scheme for biofuels (or their feedstocks) as a condition for their use and for their compliance with EU-wide mandatory sectoral targets; however, underlines the very important role of the development of first-generation biofuel crops for the future of the European farmers who have been affected by the reform of the Common Agricultural Policy and the Common Market Organisation of Sugar; insists, therefore, on measures to ensure sustainability throughout the whole production cycle;

43.  Calls for all agreements on the purchase of biofuels to be subject to clauses seeking to protect areas given over to biodiversity and human food production;

44.  Calls on the Commission to assess the climate impact of EU imports of soya and palm oil, taking into account their effects on tropical deforestation, particularly affecting the Borneo and Amazon regions and to take measures to incorporate the climate cost in prices;

45.  Asks the Commission to encourage a European drive towards best practices and benchmarking in relation to the climate change aspects of location, with particular reference to an ever more geographically fragmented production chain and 'just-in-time' production, and to forward related proposals;

46.  Calls on the Commission to examine WTO-compatible mechanisms and climate-friendly trade policies in order to address issues relating to third countries which are not bound by the Kyoto Protocol and to work towards making more explicit provision for such possibilities in future versions of the Protocol; considers that trade measures should be taken only when alternative measures would be ineffective in achieving a given environmental objective; considers that the trade measures used should be no more trade-restrictive than necessary to achieve the objective and should not constitute arbitrary or unjustifiable discrimination;

47.  Recommends the development, in the longer term, of a scheme based on sound life-cycle data which includes finished goods, such as cars and electronic equipment, in this adjustment where necessary;

48.  Insists that future proposals must be fully in accordance with the EU's international obligations, particularly those imposed by the WTO, including Article XX of GATT;

49.  Invites the Commission to consider whether it would be appropriate to evaluate the rules on trade defence measures, such as the rules on anti-dumping or subsidies, within the aegis of WTO, with a view to taking into account, in some way, the failure to comply with global, social and environmental agreements or international covenants as forms of dumping or undue subsidy;

50.  Stresses, at the same time, that when trade defence instruments are reformed, they should take account of the feasibility of introducing environmental factors in order to avoid environmental dumping of products originating from countries that have not ratified the post-Kyoto protocol;

51.  Calls for incentives for the production, through granting state or Community funds, and use, through reductions in value added tax, of products which help to reduce CO2 emissions;

o
o   o

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

(1) Texts adopted, P6_TA(2007)0203. (2) OJ C 313 E, 20.12.2006, p. 276. (3) OJ C 233 E, 28.9.2006, p.103. (4) OJ C 306 E, 15.12.2006, p. 400. (5) OJ C 303 E, 13.12.2006, p. 119. (6) OJ C 280 E, 18.11.2006, p. 120.

European Parliament resolution of 29 November 2007 on Advancing African Agriculture - Proposal for agricultural development and food security in Africa (2007/2231(INI))

P6_TA(2007)0577 A6-0432/2007

The European Parliament,

–   having regard to the Commission Communication entitled "Advancing African Agriculture - Proposal for continental and regional level cooperation on agricultural development in Africa" of 24 July 2007 (COM(2007)0440),

–   having regard to the commitments arising from the Second European Forum on Sustainable Development held in Berlin on 18-21 June 2007,

–   having regard to Commission Communication to the European Parliament and the Council of 27 June 2007 entitled "From Cairo to Lisbon – The EU-Africa Strategic Partnership" (COM(2007)0357),

–   having regard to the Commission/Council Secretariat Joint Paper of 27 June 2007 entitled "Beyond Lisbon: making the EU-Africa strategic partnership work" (SEC(2007)0856),

–   having regard to the resolution on poverty reduction for small farmers in ACP countries - in particular in the fruit, vegetable and flowers sectors, adopted by the ACP-EU Joint Parliamentary Assembly in Wiesbaden on 28 June 2007(1),

–   having regard to the Strategic Plan 2006-2010 "One Africa, Once Voice" of the Pan-African Parliament (PAP) adopted in November 2005,

–   having regard to the EU strategy entitled "The EU and Africa: Towards a Strategic Partnership" (The European Strategy for Africa), adopted by the European Council of 15 and 16 December 2005,

–   having regard to the results and conclusions of the African Civil Society Organisations" consultation on AU/EU Joint Strategy for Africa's Development organised by the African Union Commission (AUC) in Accra, Ghana, on 26-28 March 2007,

–   having regard to the Final Declaration on "A Farmers" Vision of What Agriculture for NEPAD" adopted by representatives of the four African regional farmers" networks in Pretoria on 25 April 2004,

–   having regard to the Declaration of the Abuja Food Security Summit of December 2006,

–   having regard to its resolution of 17 November 2005 on a development strategy for Africa(2),

–   having regard to its resolution of 23 March 2006 on the development impact of Economic Partnership Agreements (EPAs)(3),

–   having regard to the UN report on food security in the developing countries, presented by the UN Special rapporteur to the UN Commission on Human Rights in March 2002,

–   having regard to the Millennium Development Goals, adopted at the Millennium Summit of the United Nations in September 2000, and in particular to the Millennium Development Goal on the principle of the eradication of extreme poverty and hunger reduction by halving the number of people who suffer from hunger by 2015,

–   having regard to the annual reports by the Secretary-General of the UN on the implementation of the United Nations Millennium Declaration, the latest of which dates from July 2006,

–   having regard to the Food Aid Convention signed in London on 13 April 1999, whose objectives are to contribute to world food security and to improve the ability of the international community to respond to emergency food situations and other food needs of developing countries,

–   having regard to the Commission's Report on "Millennium Development Goals 2000–2004" (SEC(2004)1379),

–   having regard to its resolutions of 12 April 2005 on the role of the European Union in the achievement of the Millennium Development Goals (MDGs)(4) and of 20 June 2007 on the Millennium Development Goals – the midway point(5),

–   having regard to the Presidency Conclusions of the Brussels European Council of 16 and 17 December 2004, confirming the full commitment of the European Union to the MDGs and policy coherence,

–   having regard to the Joint Statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: 'The European Consensus' (The European Consensus on Development) signed on 20 December 2005(6),

–   having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific (ACP) Group of States, of the one part, and the Community and its Member States, of the other part, signed in Cotonou on 23 June 2000(7), as amended by the Agreement amending the Partnership Agreement (the Cotonou Agreement), signed in Luxembourg on 25 June 2005(8),

–   having regard to the Rome Declaration on Harmonisation, adopted on 25 February 2003 following the High Level Forum on Harmonisation, and the Paris Declaration on Aid Effectiveness, adopted on 2 March 2005,

–   having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (hereinafter 'Development Cooperation Instrument' (DCI))(9),

–   having regard to the 2005 G-8 Gleneagles commitments on aid volume, aid to Sub-Saharan Africa and aid quality,

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

–   having regard to the International Conference on Development Funding held in Monterrey in March 2002, and to the World Summit on Sustainable Development held in Johannesburg in September 2002,

–   having regard to the New York Declaration on Action against Hunger and Poverty of 20 September 2004, signed by 111 national governments, including all the EU Member States,

–   having regard to the World Food Summit's pledge in 1996 to reduce the number of hungry people by half by the year 2015,

–   having regard to the Commission Communication entitled "EU Aid: Delivering more, better and faster" (COM(2006)0087),

–   having regard to the Commission Communication entitled "Accelerating progress towards attaining the Millennium Development Goals – Financing for Development and Aid Effectiveness" (COM(2005)0133),

–   having regard to the Mid-Term Review of the EPAs by the ACP regional network of farmers' organisations, published on 10 December 2006 and the ongoing EPA negotiations,

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

–   having regard to the report of the Committee on Development (A6-0432/2007),

A.   whereas agriculture is the major sector of occupation for the majority of African countries and the main source of revenue depends on agricultural production and related activities,

B.   whereas the main purpose of the Commission Communication on "Advancing African Agriculture" is to propose principles and key areas for EU-AU (African Union) cooperation in agricultural development in Africa, focusing on regional and continental levels,

C.   whereas both the European Consensus and the EU Strategy for Africa reiterate that agriculture and rural development are crucial for poverty reduction,

D.   whereas in Sub-Saharan Africa alone more than 200 million people are undernourished, an increase of 30 million from a decade ago and whereas the majority of these people live in rural areas and depend on agriculture for their income and food security,

E.   whereas it is the right of everyone to have access to healthy, safe and nutritious food and the fundamental right of everyone to be free from hunger,

F.   whereas the eradication of extreme poverty and hunger is the first of the United Nations MDGs,

G.   whereas, at the Second EU-Africa Summit, to be held in Lisbon in December 2007, the Heads of State and Government are to approve a Joint EU-Africa Strategy,

H.  H, whereas the Declaration of the "World Food Summit: Five Years Later" restates the commitments to achieving food security for all and to an ongoing effort to eradicate hunger in all countries, with an immediate target of reducing the number of undernourished people by half no later than 2015,

I.   whereas in Africa up to 80% of the population live in rural areas and 73% of the rural population in Africa consists of smallholder subsistence farmers, dependent for a large part of their livelihood on food production through farming or livestock keeping,

J.   whereas agriculture provides employment and livelihoods for more than 60% of the labour force in developing countries, and, as a consequence, rural development policies are essential in order to tackle poverty and hunger effectively,

K.   whereas rural communities face particularly high risks from conflict, natural disasters and other catastrophes,

L.   whereas 70 % of the 1.3 billion people living in extreme poverty are women and, throughout the world, women are denied the necessary opportunities to improve their economic and social conditions, such as property or inheritance rights, or access to education or jobs,

M.   whereas traditional financial institutions tend not to provide credit in rural areas due to the high costs and risks involved, as well as due to the lack of formal land registries,

N.   whereas, according to the Second UN World Water Development Report (2006), 75% of the population of Africa live in arid or semi-arid regions and around 20% in areas where there are wide annual climate fluctuations,

O.   whereas remote rural areas (RRAs) suffer disproportionately from lack of physical infrastructure for energy supply, transport and telecommunications and often have inadequate or unreliable water resources,

P.   whereas poverty-related diseases, especially HIV/AIDS, tuberculosis (TB) and malaria, are a major cause as well as a consequence of serious poverty in many African countries,

Q.   whereas European NGOs have established partnership relations with rural peoples" organisations in Africa over the years and in the process have facilitated dialogue and mutual understanding with European civil society and have accumulated significant experience in promoting smallholder farming,

R.   whereas in its resolution of 6 July 2006 on Fair Trade and Development(10) Parliament recognised the role of Fair Trade in improving the livelihoods of small farmers and producers in the developing world, providing as it does a sustainable model of production with guaranteed returns for the producer,

S.   whereas the current EPA negotiating process presents both opportunities and challenges for ACP countries, and in particular for the agricultural sector in many African countries,

T.   whereas parliaments, as primary actors in the development process, have to be actively involved in strategies and action plans affecting the populations they represent,

1.  Welcomes the above-mentioned Communication on "Advancing African Agriculture" and especially the statement that "agriculture and rural development are crucial in terms of reducing poverty and stimulating growth"; agrees that "for growth to have a poverty reducing effect, it needs to be broad-based, smallholder oriented and result in enhanced labour opportunities" but regrets that this statement appears only in the annexed Staff Working Document and not in the text of the Communication itself;

2.  Welcomes the recognition of differences between African countries, as it is essential to take into account the variations and disparities which exist not only at the regional level in Africa, but also within African countries as well;

3.  Concurs with the view, expressed in the Discussion Paper issued by the Commission in January 2007 prior to the above-mentioned Communication on "Advancing African Agriculture" that: "...[if] Africa has a long history of often costly State intervention in agriculture with mixed levels of effectiveness, subsequent liberalisation processes have also not been complete, convincing and/or successful";

4.  Concurs that competitiveness on regional and international markets is a priority; in this context, underlines the importance of giving support and assistance to small producers allowing them sufficient access to these markets;

5.  Stresses the importance of integrating regional markets in Africa and of gradually lifting barriers between African countries in order to enlarge markets for producers;

6.  Emphasises the important role which the EU should play, in international institutions such as the World Trade Organization, the International Monetary Fund and the World Bank, defending vigorously the right of African States to protect national and regional markets on the African continent against imports threatening the survival of local producers of essential agricultural products;

7.  Welcomes the wide consultation approach that the Commission adopted for issuing the Communication;

8.  Hopes that such an approach will not remain an isolated case but will form part of a mechanism enabling civil society and democratic institutions in Europe and Africa to participate, as called for in the above-mentioned Commission/Council Secretariat Joint Paper "Beyond Lisbon: Making the EU-Africa Strategic Partnership Work"; requests that the Commission set in motion a process of negotiation with parliaments and civil society actors regarding their roles in implementing and monitoring the Joint EU-Africa Strategy;

9.  Calls on the African Union to revisit with renewed vigour its commitment to the values espoused in the African Charter on Human and Peoples' Rights, which the predecessor to the AU, the Organisation of African Unity, pioneered, and to which Zimbabwe is also a signatory;

10.  Stresses the importance of promoting greater involvement on the part of governments, local authorities and both national and regional parliaments in decision-making processes relating to agricultural policy and food security, and also of facilitating more extensive participation by civil society; in this context invites the Commission to support the formulation and the application of regional common agricultural policies, with the effective participation of stakeholders;

11.  Expresses concern at the lack of clarity as regards the Communication's decision-making process, both within the EU and outside (as it relates to negotiations with African governments); hence, calls for greater transparency in the negotiations which the Commission is conducting with African governments for the purpose of establishing EU-AU cooperation in respect of agricultural development in Africa;

12.  Points out that the proposal to cooperate mainly with African continental and regional organisations, notably the AUC, NEPAD (New Partnership for Africa's Development) and RECs (Regional Economic Communities), should also involve mechanisms to include interest groups, grassroots movements and civil society to better enable poor rural farmers to influence policy processes in a meaningful way;

13.  Regrets the fact that in the EU-Africa Joint Strategy the problems relating to rural development and food security in Africa are only briefly outlined; hopes that this will be compensated by more substance in the Action Plan that is foreseen to accompany the Joint Strategy;

14.  Points to the need for the Member States and the Commission to ensure that development aid is coordinated and harmonised to a greater extent and, in general, to meet without delay all the other objectives set as part of the process of enhancing the effectiveness of European development cooperation;

15.  Stresses how important it is for the Commission and the Member States to indicate clearly the way in which the beneficiary countries and civil society will secure full control over their development policies and to introduce performance indicators enabling national and regional parliaments and civil society to monitor the impact of development aid;

16.  Stresses the importance of negotiations at European level including exchanges of views with consumers, producers and sectoral organisations, including from development countries, with a view to ensuring that the agro-industrial and processing sectors play a full, rather than a secondary, role;

17.  Stresses the need to strengthen a knowledge based African bio-economy, and therefore calls on Member States to share their agronomic know-how with African researchers and farmers and to share technology as well as other innovative methods in the agricultural sector with African countries in order to enhance their competitivity and to increase the added value of agriculture on the continent;

18.  Stresses the need to respect the intellectual property rights of African research and knowledge; calls on the Commission, the Council and the Member States to improve European legislation so that the benefits of sometimes ancient knowledge of the (e.g. pharmaceutical) potential of plants flow back to those who discovered them at a grass roots level;

19.  Calls on the Member States to indicate annually and with the utmost transparency their financial commitments to development aid and for the amounts assigned to initiatives which are not directly related to development (such as debt relief) to be specifically excluded from the calculation of the total expenditure on development aid eligible for classification as Official Development Assistance (ODA) under the rules of the Development Assistance Committee of the Organisation for Economic Co-operation and Development (OECD/DAC); points out in this connection that Parliament will be keeping a particularly close eye on the discussions on this issue within the OECD/DAC;

20.  Insists that food-aid policies and programmes must not prevent the development of local and national food-production capacity or contribute to dependence, the distortion of local and national markets, corruption and the use of foodstuffs which are harmful to health (GMOs);

21.  Calls on international bodies to implement policies which will gradually take the place of food aid by promoting support for, and the development of, local agriculture; should food aid be the sole alternative, insists that priority be given to local purchases, and/or purchases in areas adjacent to a country in difficulty or in the region;

22.  Stresses the importance of increasing the financial resources allocated by donors to rural development and food security and emphasises the need for African governments to include the agricultural sector among their political priorities in order to receive support within the framework of the European Development Fund;

23.  Stresses that EU policies in different fields should be coherent as to their overall objectives, insists that the EU trade policy and the Common Agricultural Policy should be coherent with the EU development policy, and therefore stresses the need to lift tariff barriers on all agricultural products - raw and processed goods - in order to rapidly open the European market for all agricultural products from the African continent;

24.  Calls on the EU to establish a timetable leading to the abolition of agricultural export policies which are damaging to vulnerable agricultural businesses in the developing countries and to put pressure on other international actors to do the same;

25.  Recognises the opportunities afforded by EPAs in facilitating agricultural trade, but reminds the Commission, in this connection, that those agreements have not yet been signed and that there are still a number of contentious issues to be resolved;

26.  Recognises that the EPAs can become an important tool for African trade and regional integration, but only on condition that they are "development-friendly", allowing for exemptions and long transition periods where needed in order for domestic producers and "infant" industries to adapt to new market situations;

27.  Stresses the need for policies to be implemented which will counter imports of devastating agri-food products which are damaging to local production and which will take into account the geographical, historical and cultural diversity of African countries by enhancing the contribution made by rural and indigenous communities towards ensuring that resources are managed sustainably;

28.  Regrets the fact that in the above-mentioned Communication entitled "Advancing African Agriculture" the market in biofuels has been lumped together with other niche markets, since the expansion of the emerging biofuels industry could also have a detrimental effect on foods supplies, given that the growing of biomass could take land, water and other resources away from agricultural production; agrees, however, that it is important for markets in organic products and for fair, mutually beneficial trade to be supported;

29.  Restates the need for development-aid policies and programmes to support the right of each individual people to establish its own food strategies and to protect and regulate national agricultural production and the local market;

30.  Draws attention to the inconsistency of the above-mentioned Communication entitled "Advancing African Agriculture", which highlights the importance of the role played by women in African agricultural production, but does not mention them in the chapter concerning areas of cooperation; points out, however, that agricultural development measures in Africa should be directed first and foremost towards women, with specific policies being introduced to ensure access to and control over productive resources, particularly land rights, capacity building, funding for micro-enterprises, better living conditions, food and health welfare, education and more active involvement in social and political life;

31.  Stresses the need to support the creation, organisation and strengthening of farmers groups, especially women farmers, at the national and regional level;

32.  Underlines the fact that the Communication misses a seemingly obvious point that aid should be directed, as a priority, to the less-favoured groups and less-favoured areas (remote rural areas - RRAs) first, where geographical isolation and physical constraints on agricultural productivity exacerbate the level of chronic poverty;

33.  Restates the need for the Member States to honour the commitment to achieving a lasting peace in Africa as a precondition of food security and thus to give particular priority to the promotion of peace; urges the governments of both North and South to seek peaceful solutions to conflicts and reiterates the need to put a halt to trafficking in weapons and in anti-personnel mines;

34.  Stresses the importance (in order to make a valid and effective contribution to combating poverty) of promoting micro-finance instruments, particularly micro-credit programmes, as an essential component in economic development policies in the agricultural sector;

35.  Reaffirms that agriculture must ensure that poor rural people have equitable access to and control over their land, water and the resources necessary to maintain their livelihoods in a sustainable manner;

36.  Calls for the right to water for all to be upheld at international level, since water resources are a public utility to be conserved for future generations in particular;

37.  Calls on the African governments to promote agrarian reform in their countries in order to allow the rural population secured access to land and to production resources, particularly in the case of country families who have no property title; in this context, calls for the Action Plan accompanying the Joint EU-Africa Strategy to put a high priority on the establishment and improvement of land registries, and on the strengthening of legal systems to allow tribunals to effectively enforce property law;

38.  Draws renewed attention to the key issue of land property rights in maximising development potential, recognising that title deeds enable the borrowing of money at reasonable rates of interest, which can then be used to establish and develop business and therefore urges as a high priority the establishing and/or improving of land registries and provision of resources for mapping and registration of land, and for tribunals to enforce property;

39.  Calls on the African governments to encourage greater diversification in production models (so as to avoid the institution of intensive monocrop systems) and to encourage sustainable production models which are better adapted to their contexts; [or. FR]

40.  Insists that the production of biofuels are of potentially high importance to the agriculture in African countries, but that the environmental benefits depend largely on the type of energy crop as well as on the energy absorbed in the whole production chain, whereas the real benefits in terms of CO2 reduction still need to be ascertained, and whereas the highest priority should be given to avoid the possible damage to nature and the environment of an uncontrolled increase of the production of biofuels;

41.  Calls on the Commission and the Member States to devise more effective development policies which will enable more extensive basic infrastructure serving the agricultural sector (irrigation, electricity, transport, road network, etc) to be established and the funds allocated to essential public services of this nature to be better distributed;

42.  Believes that accessible and well targeted information must be made available to small scale farmers and should be widely disseminated in local languages, for example through rural radio stations, and stresses the need to develop information and communication technologies to reduce the digital divide in rural areas;

43.  Insists on the need for policies to be implemented which will support practices and techniques which are compatible with the environment and with the management of natural resources (this being essential to harmonious, sustainable development) and which will ensure that agricultural land and agri-eco systems are better cared for, so as to prevent any worsening of the current desertification processes;

44.  Calls on the EU to promote a more effective integration of the UN Convention to Combat Desertification (UNCCD) national plans into the national development strategies of African partners;

45.  Invites the Commission to build effective collaboration with the Food and Agriculture Organization (FAO) and the International Fund for Agricultural Development (IFAD) based on the comparative advantages of these institutions in the field of agricultural and rural development;

46.  Calls on the international community and the African governments to make a joint commitment to fighting the HIV/AIDS pandemic;

47.  Supports efforts at national and regional level to involve rural stakeholders and their representative organisations in the consultation process on policy issues which affect them; notes that capacity building in people-centred advocacy for rural populations is essential to this process; stresses that supporting smallholder, family farming, as well as agro-ecological practices, are key strategies for achieving poverty alleviation and food security;

48.  Stresses that the use and abuse of children in agricultural work in Africa is widespread and unregulated and calls on the Community to support international efforts, particularly by the FAO and the International Labour Organization, to combat this substantial problem;

49.  Urges measures to improve training to enable young people to pursue higher education in agricultural science and technology, as well as to create job opportunities for agriculture graduates with the main purpose of reducing migration from rural to urban areas, and indeed, from developing countries to developed countries, and stresses that this must linked to the strengthening of local governments and authorities to make territorial management by local communities a reality;

50.  Calls for the joint strategy to address the root causes of migration and to pay particular attention to the issue of brain drain; and stresses that whilst limiting migration to the EU should not be considered a condition for aid, urges nonetheless a greater awareness of the huge damage migration causes to the social fabric in Africa, and its negative consequences in inhibiting progress towards reaching Africa's full development potential;

51.  Draws attention to the need for a comprehensive approach in the field of migration policy to be promoted on the basis of the principles of solidarity with African countries and of co-development, and calls for a stronger partnership between local institutions and those based in the Member States;

52.  Supports the Commission proposal to encourage circular migration in order to encourage the circulation of acquired knowledge and experience, and encourages co-development initiatives in order to enhance the contribution made by migrants" communities to the development of their countries of origin;

53.  Recommends that accurate information be issued as regards what is being done to support the agricultural sector, rural development and food security in Africa, in order to encourage greater awareness and consequently to increase donors" commitment;

54.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the African Union Commission, the African Union Executive Council, the Pan-African Parliament, the ACP Council of Ministers and the ACP-EU Joint Parliamentary Assembly.

(1) OJ C 254, 26.10.2007, p. 25. (2) OJ C 280 E, 18.11.2006, p. 475. (3) OJ C292E, 1.12.2006, p.121. (4) OJ C 33 E, 9.2.2006, p. 311. (5) Texts Adopted, P6_TA(2007)0274. (6) OJ C 46, 24.2.2006, p. 1. (7) OJ L 317, 15.12.2000, p. 3. (8) OJ L 209, 11.8.2005, p. 27. (9) OJ L 378, 27.12.2006, p. 41. (10) OJ C 303 E, 13.12.2006, p. 865.