European Parliament legislative resolution of 3 September 2008 on the proposal for a regulation of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006 (COM(2007)0355 – C6-0197/2007 – 2007/0121(COD))

P6_TA(2008)0392 A6-0140/2008

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0355),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0197/2007),

–   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 and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Industry, Research and Energy (A6-0140/2008),

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 of 3 September 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 1272/2008.)

European Parliament legislative resolution of 3 September 2008 on the proposal for a decision of the European Parliament and of the Council amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC in order to adapt them to Regulation (EC) … on Classification, Labelling and Packaging of Substances and Mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006 (COM(2007)0611 – C6-0347/2007 – 2007/0212(COD))

P6_TA(2008)0393 A6-0142/2008

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0611),

–   having regard to Articles 251(2), 95 and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0347/2007),

–   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 and the opinion of the Committee on the Internal Market and Consumer Protection (A6-0142/2008),

1.  Approves the Commission proposal as amended;

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.

Position of the European Parliament adopted at first reading of 3 September 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No… on classification, labelling and packaging of substances and mixtures

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2008/112/EC.)

European Parliament legislative resolution of 3 September 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 648/2004 in order to adapt it to Regulation (EC) No … on Classification, Labelling and Packaging of Substances and Mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006 (COM(2007)0613 – C6-0349/2007 – 2007/0213(COD))

P6_TA(2008)0394 A6-0141/2008

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0613),

–   having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0349/2007),

–   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 and the opinion of the Committee on the Internal Market and Consumer Protection (A6-0141/2008),

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 3 September 2008 on the proposal for a regulation of the European Parliament and of the Council on type-approval of hydrogen powered motor vehicles and amending Directive 2007/46/EC (COM(2007)0593 – C6-0342/2007 – 2007/0214(COD))

P6_TA(2008)0395 A6-0201/2008

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0593),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0342/2007),

–   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 opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Industry, Research and Energy (A6-0201/2008),

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 of 3 September 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 79/2009.)

European Parliament resolution of 3 September 2008 on the situation in Georgia

P6_TA(2008)0396 RC-B6-0402/2008

The European Parliament,

–   having regard to its previous resolutions on Georgia and, in particular, its resolution of 26 October 2006 on the situation in South Ossetia(1) and its resolutions of 29 November 2007(2) and 5 June 2008(3) on the situation in Georgia,

–   having regard to its resolution of 15 November 2007 on strengthening the European Neighbourhood Policy (ENP)(4) and its resolutions of 17 January 2008 on a more effective EU policy for the South Caucasus(5) and on a Black Sea Regional Policy Approach(6),

–   having regard to the ENP Action Plan adopted with Georgia, which includes a commitment to cooperation for the settlement of Georgia's internal conflicts,

–   having regard to Council Joint Action 2008/450/CFSP of 16 June 2008 regarding a further contribution of the European Union to the conflict settlement process in Georgia/South Ossetia(7), and other previous Council joint actions on the same subject,

–   having regard to its previous resolutions on EU-Russia relations, particularly its resolution of 19 June 2008 on the EU-Russia Summit of 26-27 June 2008 in Khanty-Mansiysk(8),

–   having regard to the conclusions of the extraordinary meeting of the General Affairs and External Relations Council on the situation in Georgia of 13 August 2008,

–   having regard to the conclusions of the extraordinary meeting of the European Council(9) held in Brussels on 1 September 2008,

–   having regard to UN Security Council Resolutions S/RES/1781 (2007) and S/RES/1808 (2008), which both support the territorial integrity of Georgia and the last of which extends the mandate of the UN Observer Mission in Georgia (UNOMIG) until 15 October 2008,

–   having regard to Decision No 861 of the Permanent Council of the Organisation for Security and Co-operation in Europe (OSCE) of 19 August 2008 increasing the number of military monitoring officers in the OSCE mission to Georgia,

–   having regard to the NATO Bucharest Summit Declaration of 3 April 2008 and to the outcome of the NATO Council meeting of 19 August 2008,

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

A.   whereas the EU remains committed to supporting the independence, sovereignty and territorial integrity of Georgia within its internationally recognised borders,

B.   whereas the distribution of Russian passports to citizens in South Ossetia and support for the separatist movement, together with increased military activity by separatists against villages with Georgian populations, have increased the tensions in South Ossetia, combined with large-scale Russian military manoeuvres close to the border with Georgia during July 2008,

C.   whereas, after several weeks of increased tension and skirmishing between the parties, and provocations by the South Ossetian separatist forces involving bomb attacks, deadly clashes, shoot-outs and shellings which caused the deaths of many civilians and left many more injured, during the night of 7/8 August 2008 the Georgian army launched a surprise artillery attack on Tskhinvali followed by a ground operation using both tanks and soldiers aimed at regaining control over South Ossetia,

D.   whereas Russia responded immediately, after a long-term military build-up, with a massive counter-attack, sending in tanks and ground troops, bombing several locations in Georgia, including the town of Gori, and blocking Georgian Black Sea ports,

E.   whereas about 158 000 people were uprooted by the crisis and forced to leave their homes and must now be assisted in their efforts to return; whereas the presence of cluster munitions, unexploded ordnance and landmines, as well as the Russian warnings and the lack of cooperation, make any such return unsafe,

F.   whereas the infrastructure of Georgia has been heavily damaged by the Russian military actions and whereas humanitarian aid is needed,

G.   whereas international human rights researchers and military analysts have documented the use by Russian troops of cluster munitions in Georgia, which has left thousands of items of unexploded ordnance in the conflict areas; whereas Georgia has also admitted to the use of cluster bombs in South Ossetia near the Roki tunnel,

H.   whereas on 12 August 2008 the Presidents of Georgia and Russia committed themselves to an agreement on the basis of the mediation efforts carried out by the EU providing for an immediate ceasefire, the withdrawal of Georgian and Russian forces to their positions prior to 7 August 2008 and the opening of international talks on an international mechanism to be set up rapidly in order to prepare for a peaceful and lasting solution to the conflict,

I.   whereas on 19 August 2008 NATO suspended regular top-level ties with Russia, saying that Russia's military action had been "disproportionate" and "inconsistent with its peacekeeping role in parts of Georgia" and that "business as usual" could not continue while Russian troops remained in Georgia,

J.   whereas on 22 August 2008 Russia withdrew tanks, artillery and hundreds of troops from their most advanced positions in Georgia, but still controls access to the port city of Poti, south of Abkhazia, and the Russian Government announced that it would keep troops in a security zone around South Ossetia, establishing eight checkpoints at which Russian troops will be deployed,

K.   whereas on 25 August 2008 Russia's upper house of parliament adopted a resolution asking the President to recognise the independence of Georgia's breakaway regions of Abkhazia and South Ossetia, which was followed on 26 August 2008 by President Dmitry Medvedev's decision that Russia would formally recognise the two regions as independent states,

L.   whereas this conflict has far-reaching implications for regional stability and security, going well beyond the direct relationship between all sides in the conflict, with possible repercussions for the EU-Russia relationship, the ENP, the Black Sea region and beyond,

M.   whereas the EU must maintain full political unity in response to the crisis in Georgia and must speak with one voice, in particular in its relations with Russia; whereas the process towards a peaceful and stable solution to the conflicts in Georgia and in the Caucasus will demand a comprehensive revision of the ENP and a new engagement with the whole region, in cooperation with all European and international organisations, notably the OSCE,

N.   whereas last week the Georgian Government broke off diplomatic relations with Russia and the Russian Federation responded by doing the same,

1.  Takes the view that there cannot be a military solution to the conflicts in the Caucasus and expresses its firm condemnation of all those who resorted to force and violence in order to change the situation in the Georgian breakaway territories of South Ossetia and Abkhazia;

2.  Calls on Russia to respect the sovereignty and territorial integrity of the Republic of Georgia and the inviolability of its internationally recognised borders, and therefore strongly condemns the recognition by the Russian Federation of the independence of the breakaway Georgian regions of South Ossetia and Abkhazia as contrary to international law;

3.  Points out that any decision on the final status of South Ossetia and Abkhazia must be conditional on compliance with the basic principles of international law, including the 1975 Final Act of the Conference on Security and Cooperation in Europe (Helsinki Final Act), with regard, in particular, to the return of refugees and respect for their property and guarantees of, and respect for, minority rights;

4.  Condemns the unacceptable and disproportionate military action by Russia and its deep incursion into Georgia, which violates international law; underlines that there is no legitimate reason for Russia to invade Georgia, to occupy parts of it and to threaten to override the government of a democratic country;

5.  Deplores the loss of life and human suffering caused by the use of indiscriminate force by all parties engaged in the conflict;

6.  Expresses deep concern at the effect of Russian mines on the social and economic activity of Georgia, in particular with regard to the blowing-up of a railway bridge near Kaspi on the main rail link from Tbilisi to Poti on 16 August 2008 and the explosion caused near Gori on 24 August 2008 to the fuel train carrying crude oil from Kazakhstan for export through Poti; underlines that both actions violated the ceasefire commitment;

7.  Reiterates its firm belief in the principle that no third country has a veto over the sovereign decision of another country to join any international organisation or alliance or the right to destabilise a democratically elected government;

8.  Stresses that the partnership between Europe and Russia must be based on respect for the fundamental rules of European cooperation, upheld not just in words but in action;

9.  Praises the EU Presidency for the efficiency and speed with which it has reacted to this conflict and the unity shown by the Member States in mediating between the two sides, enabling them to sign a ceasefire peace plan; welcomes in this regard the conclusions of the above-mentioned extraordinary meeting of the European Council;

10.  Strongly urges Russia to honour all its commitments under the ceasefire agreement reached and signed through the diplomatic efforts of the EU, beginning with the complete and immediate withdrawal of its troops from Georgia proper and the reduction of its military presence in South Ossetia and Abkhazia to the Russian force deployed as peacekeepers in the two provinces before the conflict erupted; condemns the extensive looting perpetrated by the Russian invasion forces and accompanying mercenaries;

11.  Demands that an independent international investigation be carried out as a matter of urgency in order to establish the facts and bring greater clarity to certain allegations;

12.  Urges Georgia, which ratified the Rome Statute of the International Criminal Court (ICC), and the Russian authorities to lend support to and fully cooperate with the Office of the Prosecutor of the ICC as regards its investigation into the tragic events and the attacks against civilians which took place during the conflict in order to determine responsibility and bring those responsible to justice;

13.  Calls on the Russian and Georgian authorities to provide full information concerning the areas where their armed forces dropped cluster bombs so that an immediate start can be made on de-mining operations and in order to prevent further casualties among innocent civilians and facilitate the safe return of displaced persons;

14.  Calls on the EU and NATO and its members to use, on the basis of a common position, all possibilities to persuade the Russian Government to abide by international law, which is the necessary condition for playing a responsible role in the international community; reminds Russia of its responsibility as a UN veto power for a global order of peace;

15.  Calls on the Council and the Commission to review their policy towards Russia should Russia not fulfil its commitments under the ceasefire agreement; supports in consequence the decision of the European Council to postpone the Partnership and Cooperation Agreement negotiations until the withdrawal of the Russian troops to their positions prior to 7 August 2008;

16.  Calls on the Commission to propose visa facilitation and readmission agreements with Georgia at least equivalent to those for Russia;

17.  Calls on the Member States to review the issuing of visas for economic activities based in South Ossetia and Abkhazia;

18.  Strongly condemns the forced resettlement of Georgians from South Ossetia and Abkhazia and calls on the de facto South Ossetian and Abkhazian authorities to guarantee the safe return of the displaced civilian population, in line with international humanitarian law;

19.  Welcomes the initiatives taken by the OSCE to increase the number of unarmed observers; calls for a further strengthening of the OSCE Georgia Mission, with full freedom of movement throughout the country, and encourages the EU Member States to make a contribution to these efforts;

20.  Calls for a robust contribution by the EU to the planned international mechanism for the resolution of the conflict and therefore welcomes the decision of the European Council to deploy an ESDP (European Security and Defence Policy) monitoring mission to complement the UN and OSCE missions and to ask for a UN or OSCE mandate for an ESDP peace mission;

21.  Welcomes the EU's active and continued support for all international efforts to find a peaceful and lasting solution to the conflict, in particular the Council's commitment to supporting all UN, OSCE and other efforts to settle the conflict; welcomes in particular the decision to appoint an EU Special Representative for the crisis in Georgia;

22.  Welcomes the Commission's EUR 6 million fast-track humanitarian aid package for civilians, which must be bolstered by further funds on the basis of a needs assessment on the ground; notes the urgent need for reconstruction aid in the aftermath of the conflict;

23.  Welcomes the Council's decision to convene an international donors" conference for the reconstruction of Georgia, and urges the Council and the Commission to examine the possibility of a major EU plan to provide financial support for the rebuilding of the affected areas of Georgia and to establish a stronger EU presence in the country and throughout the region;

24.  Calls on all parties to the conflict to allow full and unfettered access for humanitarian assistance to victims, including refugees and internally displaced persons;

25.  Takes the view that the search for solutions to the conflict in Georgia, along with the other unresolved conflicts in the South Caucasus, will benefit from increased internationalisation of conflict resolution mechanisms; proposes therefore that the EU convene a "Trans-Caucasian Conference for Peace" as a key element of this process; considers that such a conference should discuss international guarantees concerning full respect for civil and political rights and the promotion of democracy through the international rule of law; stresses that the conference should also provide an opportunity to listen to the voice of the unrepresented or silenced groups of the Caucasian region;

26.  Calls on the Council and Commission to develop the ENP further by making it better adapted to the needs of our eastern partners, including a strengthening of EU involvement in the Black Sea region, to take up Parliament's proposal for a European Economic Area Plus or the Swedish-Polish proposal for an Eastern Partnership and to speed up, in relation to Georgia, Ukraine and the Republic of Moldova in particular, the establishment of a free trade zone; notes that liberalisation of EU visa policy towards these countries must take account of the fact that Russia has been granted better conditions in this area than they have;

27.  Stresses the interrelatedness of a number of problems in the South Caucasus region and the need for a comprehensive solution in the form of a stability pact, with the involvement of the major external actors; underlines the need to enhance cooperation with the neighbouring countries of the Black Sea region by setting up a special institutional and multilateral mechanism such as a Union for the Black Sea, and organising an international security and cooperation conference on the South Caucasus region; asks the Commission, therefore, to make a specific proposal to Parliament and the Council on the setting-up of a multilateral framework for the Black Sea region, including Turkey and Ukraine; considers that neighbouring countries, such as Kazakhstan, should be involved in the interests of the whole region's stability and energy flows;

28.  Recalls that at the Bucharest Summit on 3 April 2008 NATO agreed that Georgia would become a member of the Alliance;

29.  Stresses the importance of Georgia in improving EU energy security by providing an alternative to the Russian energy transit route; considers it crucial that existing infrastructure such as the Baku-Tbilisi-Ceyhan pipeline be effectively protected, and calls on the Commission to offer Georgia all necessary assistance to this end; expects a strong EU political and budgetary commitment in pursuing the Nabucco pipeline project, recognised as an EU priority project that would cross Georgia's territory and representing the most serious alternative to the projects undertaken in cooperation with Russia which will all potentially increase the economic and political dependence of Member States on Russia;

30.  Calls on the Council and the Commission to continue their efforts to adopt the EU common energy policy which, inter alia, caters for the need to diversify sources of supply;

31.  Takes the view that cooperation in the South Caucasus should not be about mutually exclusive zones of influence between the EU and Russia (so-called "spheres of interest");

32.  Takes the view that the role of the EU in the current crisis underlines the need to strengthen the European foreign, defence and security policy, and believes that the Treaty of Lisbon, including the creation of the position of High Representative, the solidarity clause and the EU Energy Security Policy, represents the right way of doing this;

33.  Stresses the need to safeguard stability in the South Caucasus region and calls on the Armenian and Azerbaijani Governments to contribute to achieving this aim, while respecting all their international commitments;

34.  Reaffirms the principle that pluralistic and democratic governance, with functioning opposition parties and respect for human and civil rights, constitutes the best guarantee for stability in the entire South Caucasus region;

35.  Instructs its President to forward this resolution to the Council, the Commission, the Member States, the Presidents and Parliaments of Georgia and the Russian Federation, NATO, the OSCE and the Council of Europe.

(1) OJ C 313 E, 20.12.2006, p. 429 (2) Texts adopted, P6_TA(2007)0572. (3) Texts adopted, P6_TA(2008)0253. (4) Texts adopted, P6_TA(2007)0538. (5) Texts adopted, P6_TA(2008)0016. (6) Texts adopted, P6_TA(2008)0017. (7) OJ L 157, 17.6.2008, p. 110. (8) Texts adopted, P6_TA(2008)0309. (9) Council of the European Union, document 12594/08.

European Parliament resolution of 3 September 2008 on the common frame of reference for European contract law

P6_TA(2008)0397 B6-0374/2008

The European Parliament,

–   having regard to its resolution of 12 December 2007 on European contract law(1),

–   having regard to its resolution of 7 September 2006 on European contract law(2),

–   having regard to its resolution of 23 March 2006 on European contract law and the revision of the acquis: the way forward(3),

–   having regard to its resolutions of 26 May 1989(4), 6 May 1994(5), 15 November 2001(6) and 2 September 2003(7),

–   having regard to the Commission's report of 25 July 2007 entitled 'Second Progress Report on the Common Frame of Reference' (COM(2007)0447),

–   having regard to the position defined by the Justice and Home Affairs Council of 18 April 2008,

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

A.   whereas the academic Draft Common Frame of Reference (DCFR)(8) was submitted to the Commission at the end of 2007,

B.   whereas the DCFR is currently undergoing a process of evaluation by a network of several academic groups, including the 'Association Henri Capitant des amis de la culture juridique française' and the 'Société de législation comparée', which have already published 'Principes contractuels communs' and 'Terminologie contractuelle commune'(9),

C.   whereas the Commission has launched an internal selection process with the aim of identifying which parts of the DCFR will be integrated into a forthcoming document, e.g. a Commission White Paper on a Common Frame of Reference (CFR),

D.   whereas the DCFR is merely an academic document and the possible selection of what parts of the DCFR are to be integrated into the forthcoming Commission document is a highly political exercise,

1.  Welcomes the presentation of the DCFR and awaits the final academic DCFR to be submitted to the Commission by the end of December 2008;

2.  Calls on the Commission to present a precise and transparent plan as to how the selection process leading to the Commission document will be organised and coordinated, in particular with regard to all Directorates-General (DGs) involved;

3.  Calls on the Commission to ensure that the DCFR is made available in the greatest possible number of relevant languages in order to ensure its accessibility for all interested stakeholders;

4.  Calls on the Commission to consider assigning the project to DG Justice, Freedom and Security with the full involvement of all other relevant DGs, since the CFR goes well beyond consumer contract law, and to make the necessary materials and human resources available;

5.  Points out that the Commission document will be the basis for the decision of the European Institutions and all interested stakeholders on the future purpose of the CFR, its content and legal effect, which may range from a non-binding legislative tool to the foundation for an optional instrument in European contract law;

6.  Considers that, regardless of the future shape of the CFR, measures must be put in place to ensure that it is regularly updated in order to reflect changes and national developments in contract law;

7.  Points out that, when taking any decision about the content of the CFR, the Commission should bear in mind the Council's statement of 18 April 2008 that the CFR should be 'a tool for better lawmaking', forming 'a set of non-binding guidelines to be used by lawmakers at Community level';

8.  Suggests that, if this is the case, the CFR should be as wide-ranging as possible and that there may be no need to exclude any content or materials at this stage;

9.  Emphasises once again that the outcome of the recent CFR workshops should be reflected in any selection process;s emphasises that further consultations should be broad and guarantee a balanced input of all relevant stakeholders;

10.  Suggests that, if used as a non-binding legislative tool, the relevant parts of the CFR should be appended to any future legislative proposal or communication made by the Commission which touches on contract law, so as to ensure that this is considered by the Community legislature;

11.  Points out that, when taking a decision about the content of the CFR, the Commission should bear in mind that the CFR could go well beyond a mere legislative tool and could result in an optional instrument;

12.  Suggests that, if the future format of the CFR is likely to be that of an optional instrument, it should confine itself to those areas where the Community legislature has been active or is likely to be active in the near future, or which are closely linked to contract law; suggests that any optional instrument should be based on the DCFR; considers that, in all instances, care should be taken to ensure that the overall coherence of the optional instrument is not jeopardised by the selection process;

13.  Insists that Parliament should be fully consulted and involved in any selection process leading to the Commission's forthcoming document on the CFR;

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

(1) Texts adopted, P6_TA(2007)0615. (2) OJ C 305 E, 14.12.2006, p. 247. (3) OJ C 292 E, 1.12.2006, p. 109. (4) OJ C 158, 26.6.1989, p. 400. (5) OJ C 205, 25.7.1994, p. 518. (6) OJ C 140 E, 13.6.2002, p. 538. (7) OJ C 76 E, 25.3.2004, p. 95. (8) Von Bar, Clive, Schulte-Nölke et al. (eds.), Principles, Definitions and Model Rules of European Private Law – Draft Common Frame of Reference (DCFR), 2008. (9) B. Fauvarque-Cosson, D. Mazeaud (dir.), collection 'Droit privé comparé et européen', Volumes 6 and 7, 2008.

European Parliament resolution of 3 September 2008 on the Special Report from the European Ombudsman following the draft recommendation to the European Commission in complaint 3453/2005/GG (2007/2264(INI))

P6_TA(2008)0398 A6-0289/2008

The European Parliament,

–   having regard to the Special Report from the European Ombudsman to the European Parliament,

–   having regard to Article 195(1), second subparagraph, and Article 211 of the EC Treaty,

–   having regard to Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties(1), particularly Article 3(7) thereof,

–   having regard to the Commission communication of 20 March 2002 on relations with the complainant regarding infringements of Community law (COM(2002)0141)(2),

–   having regard to Rule 195(2), first sentence, of its Rules of Procedure,

–   having regard to the report of the Committee on Petitions and the opinion of the Committee on Employment and Social Affairs (A6-0289/2008),

A.   whereas Article 195 of the EC Treaty empowers the European Ombudsman to receive complaints from any citizen of the Union concerning instances of maladministration in the activities of the Community institutions or bodies,

B.   whereas complaints submitted by citizens constitute an important source of information on possible infringements of Community law,

C.   whereas under Article 211 of the EC Treaty the Commission in its role as guardian of the Treaties is responsible for ensuring that the provisions of the Treaty and the measures taken by the institutions pursuant thereto are applied,

D.   whereas, pursuant to the first paragraph of Article 226 of the EC Treaty, if the Commission considers that a Member State has failed to fulfil an obligation under the Treaty, it "shall" deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations, and whereas, pursuant to the second paragraph of that article, if the State concerned does not comply with the opinion within the period laid down by the Commission, the latter "may" bring the matter before the Court of Justice,

E.   whereas the Ombudsman has previously emphasised, in his Decision on complaint 995/98/OV, that, even though the Commission enjoys discretionary powers with respect to the opening of infringement procedures, these are nevertheless subject to legal limits "established by the case law of the Court of Justice which requires, for example, that administrative authorities should act consistently and in good faith, avoid discrimination, comply with the principles of proportionality, equality and legitimate expectations and respect human rights and fundamental freedoms",

F.   whereas the Commission has stressed that this role is essential to the interests of European citizens, and has recognised the importance of the rule of law in this context(3),

G.   whereas the Commission confirms that its above-mentioned communication of 20 March 2002 sets out the administrative measures for the benefit of the complainant with which the Commission undertakes to comply when handling his/her complaint and assessing the infringement in question,

H.   whereas the Ombudsman considers that the Commission's failure to decide on a definitive position as regards the complainant's infringement complaint constitutes an instance of maladministration,

I.   whereas the Ombudsman's recommendation to the Commission is that it should deal with the complainant's complaint as rapidly and diligently as possible,

1.  Endorses the European Ombudsman's recommendation to the Commission;

2.  Stresses that the way in which the Commission handles complaints submitted by citizens in which an infringement of Community law by Member States is alleged should always be in conformity with principles of good administration;

3.  Points out that, in its above-mentioned communication of 20 March 2002, the Commission has entered into certain commitments as regards its handling of infringement complaints;

4.  Points out that the Commission has indicated in that communication that, as a general rule, it will decide whether to open infringement proceedings or to close the file within one year from the date of registration of the complaint and that it will inform the complainant in writing when this time-limit is exceeded;

5.  Accepts that in difficult and complicated cases the Commission's investigations may require more than one year; considers, however, that exceeding the one-year time-limit is justified only when investigations are indeed still ongoing;

6.  Notes that in the present case concerning the German Government's failure to properly apply the Working Time Directive(4) the Commission intended to deal with the complaint in the light of its proposal for an amendment of the Directive and decided to await the outcome of the discussions on its proposal with the other Community institutions;

7.  Recalls that that proposal was submitted in September 2004 and that there is no evidence that the Commission has taken any further steps since then in order to proceed with its investigation;

8.  Notes that instead of taking one of two possible decisions – either to initiate formal infringement proceedings or to close the case – the Commission abstained from taking any further action as regards its investigation;

9.  Is of the opinion that Community law does not envisage the possibility of disregarding existing laws and judgments on the grounds that new rules are being considered; points out that the Commission also failed to deal with issues in the complaint that are not related to the proposed changes to the applicable Directive;

10.  Acknowledges that the Commission has certain discretionary powers with regard to the management of complaints and infringement proceedings, in particular as regards bringing matters before the Court of Justice, but points out that Article 226 of the EC Treaty stipulates that the Commission is to initiate the pre-litigation phase if it considers that a Member State has failed to fulfil an obligation under the Treaty;

11.  Is of the opinion that those discretionary powers are also subject to legal limits set by general principles of administrative law, as established by the case-law of the Court of Justice, and should not exceed the limits indicated by the Commission itself in its above-mentioned communication of 20 March 2002;

12.  Restates its concern at the unjustified and excessive amount of time – often spanning several years – which the Commission takes to pursue and conclude infringement proceedings and its dissatisfaction with the frequent examples of non-compliance by Member States with decisions of the Court of Justice; considers that this undermines the credibility of the formulation and coherent application of Community law and that it serves to discredit the objectives of the EU;

13.  Emphasises once again the key role of the Member States in correctly implementing Community legislation and underlines the fact that the practical application thereof is decisive for the purposes of increasing the relevance of the European Union for its citizens;

14.  Asks the Commission to provide a list naming the Member States whose legislation is not in line with all provisions of the Working Time Directive and specifying the action it is taking with regard to this; urges the Commission to take prompt action, in accordance with its prerogatives, in all cases and in all Member States where the transposition or implementation of the Directive does not comply with the law laid down by the legislature and by the Court of Justice;

15.  Urges the Commission to analyse forthwith the new German law adopted on 1 January 2004, and which came into effect on 1 January 2007, in order to establish whether it is in line with all the provisions of the Working Time Directive and all applicable judgments of the Court of Justice; underlines the need for the Commission to examine the details of the implementation of that Directive;

16.  Notes that the Commission has recently revised its guidelines on infringement procedures; understands from this document that a list of the decisions will be provided in advance to the Permanent Representatives and the Member States and that press releases on adopted infringement decisions may be issued on the day of formal adoption; notes, however, that no provision is made to inform Parliament or its responsible committees;

17.  Reiterates its urgent call on the Commission to keep Parliament, and in particular its Committee on Petitions, fully informed of decisions in infringement files at all stages of the procedure;

18.  Stresses that, under Article 230 of the EC Treaty, Parliament has the right to bring actions before the Court of Justice under the same conditions as the Council and the Commission and that Parliament, pursuant to Article 201 of the Treaty, is empowered to exercise control over the activities of the Commission;

19.  Also urges all the Member States, in the light of the foregoing, to apply faithfully all the rules relating to health and safety at work on the basis of the principle that, in the event of any doubt, the interpretation of the law which is most favourable to the health and safety of workers should prevail (in dubio pro operario);

20.  Instructs its President to forward this resolution to the Council, the Commission and the European Ombudsman.

(1) OJ L 113, 4.5.1994, p. 15. (2) OJ C 244, 10.10.2002, p. 5. (3) Commission communication of 11 December 2002 entitled "Better monitoring of the application of Community law" (COM(2002)0725 final). (4) Directive 2003/88/EC, which replaced and repealed Directive 93/104/EC (OJ L 299, 18.11.2003, p. 9).

European Parliament resolution of 3 September 2008 on Equality between women and men - 2008 (2008/2047(INI))

P6_TA(2008)0399 A6-0325/2008

The European Parliament,

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

–   having regard to Article 23 of the Charter of Fundamental Rights of the European Union,

–   having regard to the Commission's report of 23 January 2008 on equality between women and men - 2008 (COM(2008)0010) ("the Commission report on equality"), and the annual reports of previous years (COM(2001)0179, COM(2002)0258, COM(2003)0098, COM(2004)0115, COM(2005)0044, COM(2006)0071 and COM(2007)0049),

–   having regard to the Communication from the Commission of 1 March 2006 entitled 'A Roadmap for equality between women and men 2006-2010' (COM(2006)0092),

–   having regard to Council Decision 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality (2001-2005)(1)

–   having regard to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund(2), in particular Article 16(1) thereof,

–   having regard to the European Pact for Gender Equality adopted by the Brussels European Council of 23 and 24 March 2006,

–   having regard to the common declaration adopted on 4 February 2005 by Member State ministers responsible for gender equality policies,

–   having regard to its resolution of 9 March 2004 on reconciling professional, family and private lives(3),

–   having regard to its resolution of 24 October 2006 on women's immigration: the role and the place of immigrant women in the European Union(4),

–   having regard to its resolution of 26 April 2007 on the situation of women with disabilities in the European Union(5),

–   having regard to its resolution of 13 March 2007 on a roadmap for equality between women and men (2006-2010)(6),

–   having regard to its resolution of 19 June 2007 on a regulatory framework for measures enabling young women in the European Union to combine family life with a period of studies(7),

–   having regard to its resolution of 27 September 2007 on equality between women and men in the European Union - 2007(8),

–   having regard to its resolution of 17 January 2008 on the role of women in industry(9),

–   having regard to its resolution of 12 March 2008 on the situation of women in rural areas of the EU(10),

–   having regard to its resolution of 13 March 2008 on the particular situation of women in prison and the impact of the imprisonment of parents on social and family life(11),

–   having regard to the Advisory Committee on Equal Opportunities for women and men and its opinion on the gender pay gap, adopted on 22 March 2007,

–   having regard to the Framework of actions on gender equality adopted by the European social partners on 22 March 2005,

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

–   having regard to the report of the Committee on Women's Rights and Gender Equality and the opinions of the Committee on Employment and Social Affairs and the Committee on Culture and Education (A6-0325/2008),

A.   whereas equality between women and men is a fundamental principle of the EU, recognised by the Treaty establishing the European Community and by the Charter of Fundamental Rights of the European Union; whereas in spite of the significant progress made in this field, many inequalities between women and men remain,

B.   whereas violence against women is a major hindrance to equality between women and men and is one of the most widespread human rights violations, knowing no geographical, economic, or social limits; whereas the number of women who are victims of violence is alarming,

C.   whereas the term "violence against women" is to be understood as any act of gender-based violence which results in, or is likely to result in, physical, sexual or psychological harm to or suffering of women, including threats of such acts, coercion, or the arbitrary deprivation of liberty, whether occurring in public or private life,

D.   whereas trafficking in human beings for sexual exploitation is an unacceptable violation of human rights, and is a modern form of slavery closely linked to other forms of criminality which significantly undermines all efforts for achieving equality between women and men,

E.   whereas the promotion of a flexible enterprise policy on the labour market must not focus primarily on the requirements of companies or public administrations, but must first and foremost take as its starting point the time that women and men need to be able to take seriously their respective duties within their families,

F.   whereas neither specific gender guidelines nor the equal opportunities pillar remains in the European employment strategy,

G.   whereas gender gaps in employment indicate persistence of both qualitative and quantitative disparities between women and men,

H.   whereas the pay gap has remained steady at 15% since 2003 and has narrowed by only one percentage point since 2000,

I.   whereas sectoral and occupational segregation between women and men is not diminishing and is even increasing in certain countries,

J.   whereas women's participation in decision making is a decisive indicator of equality between women and men; whereas the presence of female managers in companies and universities remains slight and the number of female politicians and researchers is rising only very slowly,

K.   whereas the stereotypes which still exist with regard to the educational and occupational options available to women help to perpetuate inequalities,

L.   whereas the Lisbon targets on generating growth and promoting the social market economy can be met only by making full use of the significant potential of women in the labour market,

M.   whereas there is a risk of 'enforced' part-time work, particularly for women, a choice often forced on them by a lack of affordable childcare facilities,

N.   whereas a number of challenges and difficulties affect women more than men, notably quality of employment, the situation of "helping" spouses in areas such as agriculture or fisheries and small family businesses, health and safety at work and maternity protection, as well as their being at a higher risk of poverty,

O.   whereas, for both men and women, employment rates are lower in rural areas, and, in addition, a lot of women are never active in the official labour market and, therefore, are neither registered as unemployed nor included in unemployment statistics, which leads to particular financial and legal problems in relation to the right to maternity and sick leave, the acquisition of pension rights and access to social security, as well as problems in the event of divorce; whereas rural areas are badly affected by the lack of high-quality employment opportunities,

P.   whereas the conditions of some groups of women who often face several combined difficulties and risks as well as double discrimination – in particular disabled women, women with dependants, elderly women, minority and immigrant women and women prisoners – show signs of deterioration,

Q.   whereas gaps between women and men persist in all other aspects of work quality, e.g. reconciling professional and private life, working arrangements which do not fully exploit people's skills and in the field of health and safety at work; whereas the employment rate for women with dependent children is only 62.4%, compared with 91.4% for men; whereas women's participation in the labour market is still largely characterised by a high and increasing share of part-time work - 31.4% for women in the EU-27 in 2007 compared to only 7.8% for men - and 76.5 % of all part-time workers are women; whereas temporary employment contracts are also more common for women (15.1%, one percentage point more than for men); whereas long-term unemployment is still much more common among women (4.5%) than men (3.5%),

R.   whereas the risk of falling into poverty is higher for women than for men, especially for the over-65s (21%, 5 percentage points more than men),

S.   whereas reconciling professional, family and private lives remains an unresolved issue for women as well as for men,

T.   whereas the social partners play an important role in defining and effectively implementing actions for gender equality at European, national, regional, sectoral and corporate levels,

U.   whereas the sharing of family and domestic duties between men and women, not least by developing the use of parental leave and paternity leave, is a precondition for promoting and achieving gender equality; and whereas not counting periods of maternity and parental leave towards aggregate working times is discriminatory and places women in a worse situation on the labour market,

V.   whereas access to services for the care of children, the elderly and other dependants is essential for equal participation of women and men in the labour market, education and training,

W.   whereas the Structural Funds regulations state that the Member States and the Commission shall ensure that equality between women and men and the integration of the gender perspective are promoted during the various stages of implementation of the funds,

1.  Welcomes the above-mentioned Commission report on equality and reiterates the two-fold nature of policy on equal opportunities for women and men at EU level: on the one hand ensuring equality between women and men in all policy areas (gender mainstreaming) and, on the other hand, targeted measures to curb discrimination against women, including awareness-raising campaigns, exchange of best practice, dialogue with citizens and public-private partnership initiatives;

2.  Stresses the importance of combating violence against women to achieving equality between women and men; calls on the Member States and the Commission, therefore, to undertake concerted action in the field; urges the Commission to consider the possibility of new measures on combating violence against women;

3.  Calls on the Commission and the Member States to combine their efforts in fighting organised crime and trafficking networks, and to adopt and strengthen legislative, administrative, educational, social and cultural measures that discourage demand for prostitution;

4.  Calls on the Member States to urgently ratify the Council of Europe Convention on Action against Trafficking in Human Beings;

5.  Considers overall participation of women in decision making at local, national and EU levels to be insufficient; invites the Commission, Member States and political parties, therefore, to consider action to improve the situation; notes in this regard the positive effects of the use of electoral quotas on the representation of women;

6.  Points out the correlation between participation of women in politics and decision making and their involvement in NGOs and civil society activities; urges the Commission and the Member States, therefore, to support actions promoting that involvement;

7.  Stresses the importance of women's active involvement in trade unions with tasks centred on protecting women at the workplace and granting them the rights to which they are entitled;

8.  Notes the importance to women's empowerment of their control over their sexual and reproductive rights; therefore supports measures and actions to improve women's access to sexual and reproductive health services and to raise their awareness of their rights and of available services;

9.  Calls on the Commission and the Member States to take the necessary measures to implement gender mainstreaming in all social, employment and social security policies, in particular in the flexicurity strategy, and to combat all forms of discrimination;

10.  Supports the measures promoted by the European Social Fund and the PROGRESS programme for 2007-2013, which improve the situation of women in the labour market and help eliminate discrimination;

11.  Is concerned about the lack of progress as regards the gender pay gap between women and men over the last few years; urges the Commission and the Member States, therefore, to assess the strategies and actions in this area and to establish, where necessary in cooperation with the social partners, any new measures or new approaches in the implementation of existing measures, to improve the situation; supports, in this regard, the suggestion of the Advisory Committee on Equal Opportunities to render existing European legislation on the subject more stringent by inserting a requirement for employers to conduct wage audits and draw up action plans in order to close the pay gap; stresses the need for concerted action, especially in the context of the new cycle of the European Strategy for Growth and Jobs, and for common principles of flexicurity;

12.  Is concerned about women being disadvantaged in the labour market, which leads to them accumulating fewer individual rights to pensions and other social welfare payments, especially in systems where entitlement is based predominantly on an individual's record of employment contributions or earnings; for this reason, calls upon the Member States to take effective action designed to enforce the rules on welfare and employment and to make jobs which respect the rights of employees available in the various activity sectors, thereby ensuring that workers (in particular women) earn decent wages and are entitled to health and safety at work, to social protection and to trade-union freedom, as a contribution to eliminating discrimination between men and women at work;

13.  Calls on the Member States to support the Commission in its monitoring of the implementation of national measures, the objective of which is to assess observance of the principle of equality, particularly as regards legal entitlements and pension and social security regimes;

14.  Calls on the Community institutions and the Member States to make 22 February "International Equal Pay Day";

15.  Is concerned about the persistent discrepancy between women's and men's education level on the one hand, where women's performance is better than men's, and the situation in the labour market on the other hand, where women earn lower wages, are in less secure jobs and experience slower career progress than men; urges the Commission and Member States to explore the reasons for and find solutions to this situation;

16.  Recommends that Member States actively promote equal treatment of pupils and take steps to combat the segregation of work still existing in the education sector, in which the percentage of women teachers at the pre-school and primary levels is well above the percentage in secondary education, a more markedly male preserve with more to offer in terms of recognition, pay and social status;

17.  Proposes that the Commission consider adopting measures to encourage women and men to study scientific and technological subjects, so as to increase the supply of professionals in the corresponding sector and meet the manifest demand;

18.  Calls on the Commission and the Member States to take further measures to improve women's access to and participation in the labour market, especially in sectors such as high-technology, research, science and engineering, in which they are still under-represented, and to improve the quality of employment of women, in particular by means of lifelong learning and education programmes at every level; urges the Commission and Member States to make use of the European Structural Funds to achieve this;

19.  Calls on the Commission and the Member States to give consideration to the situation of spouses helping in handicrafts, trade, agriculture, fisheries and small family businesses, both from the gender equality perspective and taking into account the fact that women are in a more vulnerable position than men; calls on the Commission, as a matter of urgency, to submit a proposal for revision of Directive 86/613/EEC on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood(12), with a view to eliminating indirect discrimination, introducing a positive requirement of equal treatment and improving the legal status of assisting spouses;

20.  Calls on the Member States to develop the legal construct of shared ownership, in order to ensure full recognition of women's rights in the agricultural sector, appropriate protection in the field of social security and recognition of their work;

21.  Encourages the Member States to promote female entrepreneurship in the industrial sector and to provide financial support and vocational guidance structures for women setting up companies, as well as the appropriate training;

22.  Calls on the Member States to pay particular attention to the availability of maternity facilities for self-employed women;

23.  Calls on the Commission and Member States to take particular note of the situation of the increasing numbers of workers who are formally self-employed, but can in reality be categorised as 'economically dependent workers';

24.  Calls on the Member States to acknowledge companies that take action to promote equality between women and men and facilitate work-life balance, in order to foster the spread of good practices in this area;

25.  Calls on the Commission and the Member States to give priority to and take particular note of more vulnerable groups of women, in particular disabled women, women with dependants, elderly women, minority and immigrant women and women prisoners, and to develop targeted measures to meet their needs;

26.  Calls on the Commission and the Member States to adopt and implement the necessary measures to support women with disabilities so that they may progress in those areas of social life and in the world of work, culture and politics in which they are still under-represented;

27.  Calls on the Commission and the Member States to promote immigrant women's access to education and employment by adopting measures to combat the two-fold discrimination suffered by immigrant women in the labour market, to create favourable conditions for their access to the labour market, to balance their professional and private life, and to ensure adequate vocational training;

28.  Welcomes the consultation between the Commission and the social partners aimed at improving the legislative and non-legislative frameworks for reconciling professional, family and private lives; is looking forward to an analysis of the results of that consultation and to proposals emerging from it, in particular proposals relating to maternity leave and its inclusion in aggregate working time, parental leave, paternity leave, adoption leave and care-for-dependant leave; considers, moreover, that the Framework Agreement on Parental Leave could be improved in respect of the following points: providing incentives for fathers to take parental leave, improving the employment rights of workers who take parental leave, making the leave arrangements more flexible, increasing the duration of parental leave and pay during such leave;

29.  Points out that any policy on reconciling work and family life must be based on the principle of free personal choice and adapted to different life cycles;

30.  Calls on the Member States to put forward specific measures to combat inequalities between women and men caused by interrupted patterns of employment resulting in particular from maternity leave or leave to care for dependants, and to reduce their negative effects on careers, wages and pension entitlements;

31.  Notes that reconciling work, private and family lives is one of the keys to increasing employment and calls on the Commission to gather and disseminate best practice regarding an effective work-life balance and greater involvement of men in family life;

32.  Urges the Commission and the Member States to promote male involvement in the implementation of gender equality policies, especially in the field of reconciling work, private and family lives;

33.  Asks the Members States and regional and local authorities to improve the availability, quality and accessibility of childcare services and care services for dependent persons in line with the Barcelona objectives, and to ensure that the availability of these services is compatible with full-time working schedules of women and men with responsibility for children and dependent persons;

34.  Calls on those responsible inside firms to include flexible family policy measures in their workforce-management plan to make it easier for employees to return to work after a career break;

35.  Draws the attention of the Commission and the Member States to the feminisation of poverty, at a time when women, especially elderly women and single mothers, are at risk of exclusion and poverty, and urges them to develop measures to prevent this tendency;

36.  Asks the Commission and the Member States to develop training and implementation tools to allow all stakeholders to take on board in their respective areas of competence a perspective based on equal opportunities for women and men, including the assessment of the specific impact of policies on women and men;

37.  Urges the Member States and regional and local authorities to ensure the effective use of existing tools, such as the manuals for mainstreaming equal opportunities for women and men in employment policies produced by the Commission;

38.  Urges Member States to provide appropriate training in gender mainstreaming to officials responsible for implementing Community programmes at national, regional and local levels;

39.  Calls on the Commission and the Member States to devise a number of quantity and quality indicators, as well as gender-based statistics which are reliable, comparable and available when needed, to be used during the follow-up of the implementation of the Lisbon Strategy for Growth and Jobs, in order to take into account the gender dimension and to ensure the appropriate implementation and follow-up of policies;

40.  Welcomes the establishment of the European Institute for Gender Equality and the appointment of the members of the Management Board which has provided the Institute with a decision-making body; is concerned, however, at the delay in recruitment of an Institute director and urges the Commission to remedy the situation;

41.  Asks the Commission, with the help of the European Institute for Gender Equality, to include facts and statistics from candidate and potential candidate countries in future annual reports on equality between women and men;

42.  Calls on the Member States to encourage the population as a whole to play sports and lead healthy lives, bearing in mind that, where sport is concerned, women's participation rates are lower;

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

(1) OJ L 17, 19.1.2001, p.22. (2) OJ L 210, 31.7.2006, p.25. (3) OJ C 102 E, 28.4.2004, p. 492. (4) OJ C 313 E, 20.12.2006, p.118. (5) OJ C 74 E, 20.3.2008, p.742. (6) OJ C 301 E, 13.12.2007, p.56. (7) OJ C 146 E, 12.6.2008, p.112. (8) Texts adopted, P6_TA(2007)0423. (9) Texts adopted, P6_TA(2008)0019. (10) Texts adopted, P6_TA(2008)0094. (11) Texts adopted, P6_TA(2008)0102. (12) OJ L 359, 19.12.1986, p. 56.

European Parliament resolution of 3 September 2008 on the cloning of animals for food supply

P6_TA(2008)0400 B6-0373/2008

The European Parliament,

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

A.   whereas the Protocol on protection and welfare of animals requires the Community and Member States to pay full regard to animal welfare requirements in formulating and implementing agriculture and research policies,

B.   whereas cloning processes show low rates of survival for transferred embryos and cloned animals, with many cloned animals dying in the early stages of life from cardiovascular failure, immuno-deficiencies, liver failure, respiratory problems, and kidney and musculoskeletal abnormalities,

C.   whereas the European Food Safety Authority (EFSA) concluded in its opinion of 2008 that mortality and morbidity levels in cloned animals are higher than in sexually produced animals and late pregnancy losses and disorders are likely to affect the welfare of surrogate mothers,

D.   whereas, given current levels of suffering and health problems of surrogate dams and cloned animals, the European Group on Ethics in Science and New Technologies (EGE) questions whether cloning animals for food supply is ethically justified and does not view as convincing arguments to justify food production from cloned animals and their offspring,

E.   whereas Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes(1) provides that 'natural or artificial breeding or breeding procedures which cause or are likely to cause suffering or injury to any of the animals concerned must not be practised' (Annex, paragraph 20),

F.   whereas cloning would significantly reduce genetic diversity within livestock populations, increasing the possibility of whole herds being wiped out by diseases to which they are susceptible,

G.   whereas EFSA published on 24 July 2008 a scientific opinion on the implications of animal cloning for food safety, animal health and welfare and the environment, in which it concluded that the health and welfare of a significant proportion of cloned animals was adversely affected, often severely and fatally,

H.   whereas, while the principal purpose of cloning is to produce multiple copies of animals with fast growth rates or high yields, traditional selective breeding has already led to leg disorders and cardiovascular malfunction in fast-growing pigs, and lameness, mastitis and premature culling in high-yielding cattle; and whereas cloning the fastest-growing and highest-yielding animals will lead to even higher levels of health and welfare problems,

I.   whereas, in addition to the fact that the implications of the cloning of animals for food supply have not been adequately studied, it poses a serious threat to the image and substance of the European agricultural model, which is based on product quality, environment-friendly principles and respect for stringent animal welfare conditions,

1.  Calls on the Commission to submit proposals prohibiting for food supply purposes (i) the cloning of animals, (ii) the farming of cloned animals or their offspring, (iii) the placing on the market of meat or dairy products derived from cloned animals or their offspring and (iv) the importing of cloned animals, their offspring, semen and embryos from cloned animals or their offspring, and meat or dairy products derived from cloned animals or their offspring, taking into account the recommendations of EFSA and the EGE;

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

(1) OJ L 221, 8.8.1998, p. 23.

European Parliament resolution of 3 September 2008 on how marketing and advertising affect equality between women and men (2008/2038(INI))

P6_TA(2008)0401 A6-0199/2008

The European Parliament,

–   having regard to the EC Treaty, in particular Articles 2, 3(2) and 152 thereof,

–   having regard to the Community acquis in the field of women's rights and gender equality,

–   having regard to the Platform for Action adopted at the Fourth World Conference on Women held in Beijing on 15 September 1995 and its resolution of 18 May 2000 on the follow-up to the Beijing Platform for Action(1),

–   having regard to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)(2),

–   having regard to Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services(3),

–   having regard to the Commission's roadmap for equality between women and men 2006-2010 (COM(2006)0092) and the related impact assessment (SEC(2006)0275),

–   having regard to its resolution of 25 July 1997 on discrimination against women in advertising(4),

–   having regard to Resolution 1557 (2007) of the Parliamentary Assembly of the Council of Europe, entitled Image of women in advertising,

–   having regard to the European Pact for Gender Equality adopted by the Brussels European Council of 23 and 24 March 2006,

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

–   having regard to the report of the Committee on Women's Rights and Gender Equality (A6-0199/2008),

A.   whereas socialisation (through school, the family and the socio-cultural environment) is a process that forges identity, values, beliefs and attitudes that give the individual a place and role in the society in which he/she grows up; whereas the concept of identification is key to understanding how this process works,

B.   whereas more should be done to promote reasonable and responsible use of television and new technologies both at school and at home, from an early age onwards,

C.   whereas advertising which conveys discriminatory and/or degrading messages based on gender and all forms of gender stereotyping are obstacles to a modern and egalitarian society,

D.   whereas stereotypes may contribute to behaviour that is a vector for identification,

E.   whereas advertising and marketing reflect culture, and also contribute to its creation,

F.   whereas advertising is a component part of the market economy and one of the aspects of reality with which everyone is confronted in daily life,

G.   whereas advertising can sometimes present a caricatured view of women's and men's lives,

H.   whereas gender discrimination in the media is still widespread; whereas gender stereotyping in advertising and the media can be considered part of this discrimination,

I.   whereas gender stereotyping in advertising thus echoes the unequal distribution of power between the sexes,

J.   whereas gender stereotyping must be opposed at all levels of society in order to foster equality and cooperation between women and men in both the private and public domains,

K.   whereas, right from the first years of a child's socialisation, gender stereotyping may contribute to the gender discrimination which reinforces the perpetuation of lifelong inequalities between women and men and the emergence of gender-specific clichés,

L.   whereas gender stereotyping is counterproductive and in the labour market contributes to gender divisions in professions, with women generally earning less than men,

M.   whereas society as a whole has to be involved in efforts to avoid the perpetuation of gender stereotyping; whereas responsibility for so doing should be shared by all,

N.   whereas the barriers preventing positive images of men and women from being conveyed in all social situations need to be removed,

O.   whereas children are a particularly vulnerable group that places its trust not only in authority but also in characters from myths, TV programmes, picture-books, educational materials, TV games, advertisements for toys, etc.; whereas children learn by imitation and mimick what they have just experienced; whereas for that reason gender stereotyping in advertising influences individual development and accentuates the perception that a person's gender dictates what is possible and what is not,

P.   whereas advertising through different types of media is part of our daily lives, whereas it is of particular importance that advertising through media be subject to existing ethically and/or legally binding rules and/or codes of conduct to prevent adverts communicating discriminatory or degrading messages based on gender stereotypes as well as incitement to violence,

Q.   whereas responsible advertising can have a positive influence over society's perceptions of issues such as 'body image', 'gender roles' and 'normality'; whereas advertising can be an effective tool in challenging and tackling stereotypes,

1.  Emphasises the importance of giving women and men the same opportunities to develop as individuals;

2.  Notes the continued widespread existence of male and female stereotypes despite various Community programmes to promote gender equality;

3.  Notes that further research would help to elucidate any link between gender stereotyping in advertising and gender inequality;

4.  Calls on the Council, Commission and Member States to exploit, and disseminate, the abovementioned research and its results;

5.  Emphasises the importance of Member States honouring the commitments made in the above-mentioned European Pact for Gender Equality;

6.  Calls on the Council, Commission and Member States to adhere to the guidelines adopted through various Community programmes, such as EQUAL, and guidelines focussing on gender equality;

7.  Calls on the Council and Commission to monitor the implementation of existing provisions of Community law on sex discrimination and incitement to hatred on the grounds of sex;

8.  Calls on the Council, Commission and Member States to develop awareness-raising actions against sexist insults or degrading images of women and men in advertising and marketing;

9.  Calls on the Member States to study and report on the image of women and men in advertising and marketing;

10.  Stresses that stereotypes in advertising on children's television programmes are a particular problem because of their potential impact on gender socialisation and, subsequently, children's views of themselves, of their family members and of the outside world;

11.  Notes that efforts to combat gender stereotypes in the media and advertising should be accompanied by education strategies and measures to cultivate awareness from an early age and to develop critical faculties from adolescence onwards;

12.  Stresses the fundamental role which should be played by the education system in developing children's critical faculties with regard to images and the media in general, in order to prevent the unwelcome effects of the perpetuation of gender stereotypes in marketing and advertising;

13.  Notes the need to challenge traditional gender roles in order to achieve gender equality;

14.  Draws attention in particular to the need to eliminate from textbooks, toys, video and computer games, the internet and the new information and communications technologies (ICTs), and from advertising through different types of media, messages which are contrary to human dignity and which convey gender stereotypes;

15.  Notes with extreme concern the advertising of sexual services which reinforces stereotypes of women as objects, in publications, such as local newspapers, which are readily visible and available to children;

16.  Notes the need to conduct continuous training for and in collaboration with media professionals, and awareness training for society on the negative effects of gender stereotypes;

17.  Draws attention to the fact that the use of television and new technologies is increasing among children and adolescents, that such use starts at a very early age, and that unsupervised television viewing is on the rise;

18.  Notes that marketing and advertising portrayals of the ideal body image can adversely affect the self-esteem of women and men, particularly teenagers and those susceptible to eating disorders such as anorexia nervosa and bulimia nervosa; calls on advertisers to consider carefully their use of extremely thin women to advertise products;

19.  Calls on the Member States to ensure by appropriate means that marketing and advertising guarantee respect for human dignity and the integrity of the person, are neither directly nor indirectly discriminatory nor contain any incitement to hatred based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and do not contain material which, judged in its context, sanctions, promotes or glamorises violence against women;

20.  Recognises the work already done by media regulators in some Member States to explore the effects of gender stereotyping and encourages regulators in all Member States to share best practice in this area;

21.  Reminds the Commission that the abovementioned Council Directive 2004/113/EC, when first proposed by the Commission, also covered discrimination in the media; calls on the Commission to intensify its efforts against this discrimination;

22.  Emphasises the need for positive examples (from a gender perspective) in the media and advertising world to show that change is possible and desirable; considers that Member States should formally establish awards given by advertisers to their peers, and by the public for advertising which best breaks with gender stereotypes and presents a positive or affirming image of women and men and of the relations between them;

23.  Emphasises the need to disseminate the principles of gender equality through the media by means of publications and programmes, designed for different age groups, to popularise best practice and respect for gender differences;

24.  Emphasises the need for an ongoing debate on marketing and advertising and their role in creating and perpetuating gender stereotypes;

25.  Calls on the Member States to design and launch educational initiatives developed in a spirit of tolerance and eschewing all forms of stereotyping and to promote the culture of gender equality by means of appropriate educational programmes;

26.  Emphasises that gender stereotypes must be eliminated;

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

(1) OJ C 59, 23.2.2001, p. 258. (2) OJ L 298, 17.10.1989, p 23. (3) OJ L 373, 21.12.2004, p 37. (4) OJ C 304, 6.10.1997, p. 60.