European Parliament resolution of 23 October 2008 on the draft general budget of the European Union for the financial year 2009, Section III - Commission (C6-0309/2008 – 2008/2026(BUD))and Letter of amendment No 1/2009 (SEC(2008)2435) to the preliminary draft general budget of the European Union for the financial year 2009

P6_TA(2008)0515 A6-0398/2008

The European Parliament,

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

–   having regard to Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources(1),

–   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(2),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3),

–   having regard to its resolution of 24 April 2008 on the Commission's Annual Policy Strategy for 2009(4),

–   having regard to its resolution of 24 April 2008 on the budgetary framework and priorities for 2009(5),

–   having regard to its resolution of 8 July 2008 on the 2009 budget: First reflections on the 2009 Preliminary Draft Budget and mandate for the conciliation, Section III - Commission(6),

–   having regard to the preliminary draft general budget of the European Union for the financial year 2009 which the Commission presented on 16 May 2008 (COM(2008)0300),

–   having regard to the draft general budget of the European Union for the financial year 2009, which the Council established on 17 July 2008 (C6-0309/2008),

–   having regard to Letter of amendment No 1/2009 (SEC(2008)2435) to the preliminary draft general budget of the European Union for the financial year 2009,

–   having regard to Rule 69 of and Annex IV to its Rules of Procedure,

–   having regard to the report of the Committee on Budgets and the opinions of the other committees concerned (A6-0398/2008),

Key issues

1.  Recalls that its political priorities and its assessment of the budgetary framework for the year 2009 were set out in its two abovementioned resolutions of 24 April 2008; notes that these two resolutions provided a sound basis for its ensuing first evaluation of the Commission's preliminary draft budget (PDB) for 2009, as set out in its abovementioned PDB resolution adopted on 8 July 2008; recalls that Parliament, in this resolution, was highly critical of the low level of payment appropriations and of the small margins available in most of the headings of the Multiannual Financial Framework (MFF);

2.  Welcomes the agreement of six joint statements, annexed to this Resolution, of the European Parliament and Council at the first reading conciliation on the 2009 budget of 17 July 2008; has taken them into account in the preparation of its amendments to the draft budget; points out, however, that on some issues, such as the evaluation of agencies, no joint position with Council has yet been reached;

3.  Deplores the fact that Council has reduced an already low-level PDB even further: commitment appropriations in the draft budget total EUR 133 933 million which represents a decrease relative to PDB of EUR 469 million, and payment appropriations of EUR 114 972 million lie a full EUR 1 771 million beneath PDB corresponding to 0,89% of GNI, bringing payments down to an unprecedentedly low level; underlines that this has even further increased the disparity between the level of commitments and payments, which is contrary to the principle of equilibrium;

4.  Calls for the ceiling for heading 4 to be adjusted at the first opportunity to correspond to actual needs; deplores the fact that Council is not willing to budget appropriately in this way;

5.  Supports Letter of amendment No 1 to the PDB 2009 adopted by the Commission on 9 September 2008, as it seems to give a slightly more realistic picture of needs in heading 4 than the PDB; regrets, however, that due to the constraints of the MFF 2007 - 2013 it is not in a position to take over new unforeseen and urgent needs such as food aid and the reconstruction needs of Georgia, Kosovo, Afghanistan and Palestine; underlines that it is only recourse to the possibilities provided for by the provisions of the Interinstitutional Agreement of 17 May 2006 (IIA) and firm political determination which is an absolute necessity to allow the EU to fulfil its commitments undertaken in the external policy area;

6.  Considers that the figure adopted by Council for payment appropriations is far from being coherent with the various EU political priorities and commitments; expresses its astonishment that Council can officially propose a mere 0,89% of GNI in payments, given an overall RAL of already EUR 139 000 million in 2007; in consequence, decides to increase the overall level of payments to 0,959%;

7.  Is of the opinion that the EU budget in its present format cannot address effectively and realistically the goals that the EU has set for climate change; considers that European citizens need a tangible European initiative to face the consequences of climate change; deplores the fact that the support to climate change measures is still very limited in the EU budget; is convinced that a serious effort should be made to increase and concentrate adequate financial resources to boost European leadership in facing the consequences of climate change; invites the Commission to present, by 15 March 2009, an ambitious plan for an adequate increase of climate change funds which considers the establishment of a specific "climate change fund" or the creation of a dedicated budget line which would improve the budget capability to deal with these issues, especially by mitigation, adaptation and stabilisation measures; believes that the Emissions Trading Scheme (ETS) should also be considered as a potential resource at EU level;

8.  Is not prepared to accept any kind of new earmarking in the remarks of Budget 2009; has therefore deleted all proposed new references to concrete amounts and/or to individually named organisations or bodies, since such earmarkings are not in line with the Financial Regulation;

9.  Has decided to accept Council's small cuts in the administrative expenditure lines of some multi-annual programmes given the fact that the Commission itself frequently reallocates funds from these lines by transfer in a general clearing exercise; stresses, however, that these reductions in one annual budgetary procedure must under no circumstances lead to reductions in the overall co-decided envelopes of the programmes concerned; insists that the Commission compensate for the amounts reduced in later years of the programme period;

10.  Considers growth and employment, the fight against climate change and strengthening the safety and security of the European Union's citizens and its social dimension, for instance through the growth for jobs initiative and the support for SMEs and for research and innovation, as well as by supporting cohesion amongst regions, to be important priorities of Budget 2009; will reinforce appropriations on budget lines financing these priorities in line with its previous resolutions;

On sub-heading 1a

11.  Is astonished by Council's additional cuts on lines supporting the Lisbon strategy which is, after all, based on a European Council decision; points out that the objectives of growth and employment are at the very core of the Lisbon strategy and that the Commission, in its PDB, had already decreased some lines compared to the previous year;

12.  Will do its utmost to secure adequate financing for all activities and policies under this heading which can bring direct and tangible advantages for European citizens; is prepared to use all the available margin to finance pilot projects and preparatory actions in this sub-heading;

13.  Concerning the European Institute of Innovation and Technology (EIT), cannot accept the Commission's attempt to reverse the decisions taken by the budgetary authority in the 2008 budget; will therefore insist that the budget of the EIT be included in policy area "Research" and that its governing structure, being of an administrative nature, be financed under heading 5 of the MFF; decides to change the nomenclature accordingly;

14.  Stresses that the disbursement of funds from budget line 06 03 04 (TENs Energy) and accordance of TEN-E status to any gas pipeline or project that facilitates the transmission of gas from Russia or from entities ultimately controlled by Russia shall be conditional on the realisation of the NG3 Route, as confirmed by the EU Co-ordinator;

On sub-heading 1b

15.  Reiterates the importance it attaches to the solidarity principle within the European Union; intends to make every effort to guarantee sufficient funding for cohesion policy in order to be able to deal with current and future challenges;

16.  Underlines that this sub-heading finances numerous important policies and activities aimed at fighting climate change and supporting growth for jobs;

17.  Regrets that the PDB has been cut by Council in particular as regards European Social Fund financing devoted to regional competitiveness and employment; reminds Council that the Lisbon strategy is based on joint efforts from both the European Union's and the Member States' budgets;

On heading 2

18.  Notes that the Commission has claimed that the fight against climate change is one of its priorities for Budget 2009; considers, however, that this priority is not sufficiently reflected in the PDB and intends, consequently, to put stronger emphasis on this key policy; proposes, for reasons of visibility, to allocate appropriations in one specific budget line solely for this purpose; will top up resources going to LIFE+ and to the European Rural Development Fund accordingly;

19.  Takes note of the recent proposals by the Commission on the CAP health check and defends the view that any modulation from the first to the second pillar must remain budgetarily neutral;

20.  Notes the creation of budget lines for three new funds in the common agricultural and fisheries policy - the fund for restructuring in the dairy sector, the Eco-Aid to maintain sheep and goat farming in the EU and the ad-hoc financial instrument – Adaptation of the fishing fleet to the economic consequences of the rise in fuel prices - all of which have been created with the aim of adapting to new situations and opening up opportunities for the future, particularly in disadvantaged and sensitive regions; considers that these funds should primarily be financed from unused agriculture budget appropriations;

21.  Notes with satisfaction that Council and Commission are finally willing to establish a school fruit scheme, making available a substantial annual amount to fight obesity and health problems amongst pupils, but deplores the fact that one year has been lost because this European Parliament initiative was rejected by Council in Budget 2008;

On sub-heading 3a

22.  Acknowledges European citizens' wish for a safe and secure Europe and welcomes the increases in this sub-heading relative to Budget 2008; points out the importance of the principle of solidarity and of safeguarding the highest level of protection of fundamental rights;

23.  Stresses the importance of sufficient funding being made available via the EU budget to manage legal immigration and integration of third country nationals while, in parallel, tackling illegal immigration and strengthening border protection, including the strengthening of the European Refugee Fund to facilitate solidarity between the Member States;

On sub-heading 3b

24.  Recalls that sub-heading 3b covers vital policies that have a direct impact on the everyday life of European citizens; reiterates its disappointment about the low increase compared to 2008 proposed by the Commission for this sub-heading, especially for those activities that are important for a citizens' Europe, some of which have even suffered a decrease in their budgets;

25.  Cannot accept that Council has cut these "citizens' lines" even further, and will make sure that adequate resources are guaranteed in this important area; points out that it will make use of the small remaining margin in this sub-heading to finance pilot projects and preparatory actions to boost this policy area;

On heading 4

26.  Notes the significant re-shuffling of funds carried out by Council in heading 4 and considers this a strong indication of the serious shortage of resources available under the MFF ceiling; points out that heading 4 ceilings will make regular recourse to the provisions of the IIA more and more necessary; believes that the funds available do not, as they stand, allow the European Union to assume its role as a global partner;

27.  Calls on the European Council not to make far-reaching political commitments, as for example in its Presidency conclusions of 20 June 2008, in which the heads of State and government called for stronger EU financial support to developing countries, or to commit, at the same time, to the necessary budgetary suggestions and actions when there is an obvious contradiction with the funds available under the annual ceilings of the current MFF;

28.  Reiterates its assessment of the urgent need for a massive and concrete mobilisation of the European Union to tackle soaring food prices and the resulting food crisis and reiterates the need to respond in an sound budgetary way; recalls that the available margins under heading 2 cannot be spent for heading 4 purposes since the current ceiling of heading 4 does not suffice to finance the instrument without jeopardising existing priorities; considers that the two branches of the budgetary authority should make every effort and examine all possibilities provided for in the IIA to finance the amounts foreseen for food aid under heading 4; nevertheless recalls that the final decision on the financial envelope will be taken in the course of the annual budgetary procedure, and will be linked to an overall assessment of current instruments for cooperation policy with developing countries;

29.  Continues to count support for the peace process in Palestine and for Kosovo amongst its unchanged key priorities for which sufficient resources have to be entered in the EU budget; notes, however, that such an adequate level of funding might require re-programming under heading 4, with some budgetary compensation being provided by other budget lines; recalls the importance of a functioning public administration which is needed to guarantee the special care necessary to ensure proper use of EU funds;

30.  Welcomes the reinstatement of resources on the line for financial support for encouraging the economic development of the Turkish Cypriot community; also welcomes the support for the exhumation, identification and return of remains of missing persons in Cyprus;

31.  Supports the police mission launched under the European Security and Defence Policy in Kosovo; however, asks the Commission to provide a concrete plan and timetable for the European Union Rule of Law Mission in Kosovo (EULEX), in particular with respect to the take-over of tasks from the United Nations Mission in Kosovo (UNMIK) and the related human resources needs and costs as well as the cooperation with the European Commission Liaison Office in Kosovo (ECLO); further, asks the Commission to provide detailed information on the training given to the local forces;

32.  Underlines its will to assist Georgia in its lengthy and costly reconstruction process, and to take an active part in finding an appropriate financial solution as expressed in its resolution of 3 September 2008 on the situation in Georgia(7); therefore urges the Commission to present proposals fulfilling the EU's commitments; insists, therefore, on observance of the politically and financially sound principle of new financing for new needs; notes in this connection the Commission's intention to consider the provision of up to EUR 500 million in the period from 2008 to 2010 inclusive and, if necessary, pledge these funds in connection with a donor conference for Georgia;

33.  Notes the growing importance of the Energy Community and welcomes Turkey's intention to join it; is of the opinion that the entry of Ukraine, Georgia, Azerbaijan and Armenia into the Energy Community should be facilitated and the energy solidarity measures between its members should be developed; awaits the Commission report to be presented in 2009 on the experiences gained from the implementation of Council Decision 2006/500/EC of 29 May 2006 on the conclusion by the European Community of the Energy Community Treaty(8) ;

34.  Points out that the EU priority of combating climate change has also an external component and that relevant activities, such as those in connection with the Global Climate Change Alliance, are to be financed under heading 4;

35.  Underlines that the Global Fund to fight AIDS, Tuberculosis and Malaria has proven to be an effective financing mechanism but deplores that the Global Fund is not an implementing agent; reminds the Commission that in order to effectively implement Global Fund grants, increased financial resources will need to be spent on technical assistance;

36.  Reminds Council that the Emergency Aid Reserve is supposed to finance unforeseen emergency needs and believes not only that the appropriations on this budget line are justified but also that the deletion of these appropriations would jeopardise the EU's capacity to react properly to a possible crisis situation in the early months of 2009; therefore restores the PDB for the Emergency Aid Reserve, also in respect of Point 25 of the IIA;

On heading 5

37.  Will, as a general principle, restore Council's cuts of PDB figures in this heading; notes, however, that it still has some open questions regarding specific aspects of the Commission's allocation of staff among administrative support and coordination functions and possibilities of redeployment, and the need for further information on its building policy; has decided to put some amounts in the reserve in order to make sure that it obtains answers to those questions in due time;

38.  Points out that in PDB 2009 an overall amount of EUR 1 120 million is budgeted to finance administrative expenditure outside heading 5; considers this amount quite substantial;

39.  Underlines the fact that administrative spending continues to rise well above the average EU level of inflation, leading to concerns as to whether taxpayers are getting value for money; calls on the Commission to launch a fundamental review of all aspects of administrative expenditure reporting on progress since the 2000 reforms, paying particular attention to the impact of the 2004 enlargement and the need to continue the search for efficiency savings; requests that this review be made available by 31 July 2009.

40.  Is, in this context, concerned about the fact that the amounts taken from operational programme envelopes in order to finance executive agencies are continually increasing and have already reached a substantial level, financing over 1300 staff in 2009; would like to get a clearer picture of the effects of the creation of executive agencies and the ongoing extensions of their tasks on those parent Directorates General which were responsible for the implementation of the relevant programmes before the executive agencies took over;

41.  Notes that current data has shown that, in the Commission's Directorates General, the ratio between staff in administrative support and coordination functions and those which perform operational tasks can vary significantly; asks the Commission for an analysis of the reasons for these discrepancies;

42.  Expects to be fully informed of all developments in connection with the so-called "Holmquist" staff reform within the Commission;

43.  Asks the European Personnel Selection Office (EPSO) to continue its efforts to streamline and shorten competition cycles; considers that the appropriate human resources should be provided to EPSO in support of the efforts undertaken to improve its internal procedures and methods and accelerate the management of reserve lists in order to guarantee that it can provide the institutions with the appropriate staff according to needs, including the adequacy of admissibility criteria, notably for AST posts;

44.  Calls on the Council to present a calendar for the negotiations with Parliament concerning the Commission's proposals on Regulation (EC) No 1073/1999 (OLAF) to strengthen the efficiency of the European Anti-fraud Office and to clarify the legal framework of its mission;

45.  Regrets the lack of consistency and coherence regularly noticeable in the communication policy implemented by the Commission's Directorates General; is in favour of the development of a coherent and recognisable "EU identity" to be used in all communication measures; would therefore like to encourage the individual services of the Commission to fine-tune and coordinate all information and communication activities carried out at their level;

46.  Calls on the institutions to coordinate their efforts systematically with a view to:

47.  Welcomes the reform of the European Schools' system recently launched by the Commission but urges the Member States to meet their commitments according to the existing agreements; draws attention to Point 47 of the IIA according to which the authorisation of the budgetary authority is required for the creation of new schools having implications for the budget;

48.  Underlines the importance of respecting Point 47 of IIA; asks the Commission to work with the budgetary authority on the definition of a proper detailed procedure for its application

49.  Calls on the Commission to present the report on the possible solutions concerning the EU gas security and diversification mechanism in the NG3 corridor, including inter alia the possible role of the European Investment Bank in purchasing gas in bulk from non-traditional supplier states (having less than 5% share of the EU market) in the NG3 corridor or in facilitating its purchase, either through direct purchase or through the creation of a purchase entity;

On agencies

50.  Welcomes the Commission's decision to finally follow the requests of the budgetary authority and take assigned revenues into account when drawing up the PDB for the decentralised agencies for 2009; considers that this is undoubtedly a step towards more budgetary transparency; reiterates, however, in line with its amendments to the agencies' budgetary remarks of the Budget 2008, that those agencies depending to a large extent on revenue generated by fees should still be able to use the instrument of assigned revenues to give them the budgetary flexibility they need;

51.  Welcomes the Commission's communication of 11 March 2008, entitled 'European Agencies - The way forward" (COM(2008)0135), noting, in particular, the Commission's commitment to conducting an evaluation of regulatory agencies during 2009; requests that that evaluation pay particular attention to examining the effectiveness, efficiency and impact of the agencies' work, identifying commensurate efficiency savings within the Commission's own services as work is outsourced to agencies, and that it be completed by 30 June 2009;

52.  Points out the fact that smaller sized agencies tend to have a very high share of staff (50% or more) who deal with the internal administration of the agency itself; would consider the cost-efficiency of small agencies to be one of the questions the interinstitutional working group on the future of decentralised agencies that is due to be set up in Autumn 2008 should assess;

53.  Has taken note of the EUR 290 million surplus of the Office for Harmonisation in the Internal Market in the current financial year; would like the Commission to reflect on whether it might be appropriate that any excess income of the Office, being a direct consequence of the Internal Market, should flow back into the EU budget;

54.  Underlines the fact that the Euratom Supply Agency, as created by the Euratom Treaty, is an independent agency the subsidies for which should be presented in the EU budget in a transparent way;

On pilot projects and preparatory actions

55.  Recalls that the IIA allows for a total amount for pilot projects of up to EUR 40 million in any budget year and for a total amount for preparatory actions of up to EUR 100 million out of which a maximum of EUR 50 million can be allocated to new preparatory actions;

56.  Considers these projects an indispensable tool for Parliament to initiate new policies that are in the interest of European citizens; has analysed a series of interesting proposals out of which only a small number could be entered into the Budget 2009 due to the constraints of IIA and MFF ceilings;

57.  Insists that those proposed projects and actions which have not been included in Budget 2009 due to the fact that, according to the Commission, they are already covered by an existing legal base should really be implemented under this legal base and asks the Commission to report also on those proposals within its report on the pilot projects and preparatory actions; expects the Commission to make every effort in this direction regardless of whether or not the projects and actions will eventually be explicitly mentioned in the relevant remarks of the legal bases of Budget 2009; intends to monitor closely the implementation of these projects and actions under their legal bases during the financial year 2009;

o
o   o

58.  Takes note of the opinions adopted by the specialised committees as contained in report A6-0398/2008;

59.  Instructs its President to forward this resolution, together with the amendments and proposed modifications to Section III of the draft general budget, to the Council and Commission, and also to the other institutions and bodies concerned.

ANNEX

STATEMENTS AGREED AT THE CONCILIATION OF 17 JULY 2008

1.  Structural and Cohesion Funds and rural development 2007-2013 programmes

"The European Parliament and the Council attach the greatest importance to a smooth and good implementation of the operational programmes and projects presented by Member States in relation with the new Structural and Cohesion Funds and rural development programmes for the 2007-2013 period.

In order to avoid repeating experiences from the early phase of the 2000-2006 programming period, acknowledging the approval of most of these operational programmes and projects the European Parliament and the Council consider that it is now very important to ensure smooth and effective implementation by approving the corresponding Management and Control Systems as soon as possible, within the timeframe established by the Regulations.

The European Parliament and the Council will therefore monitor rigorously and on a regular basis the state of approval of these Management and Control Systems in the Member States, together with the state of approval of Major Projects.

To this end, the Commission is requested to continue to provide regularly specific monitoring tools during the budgetary procedure.

The Commission is also asked to present if necessary an updating of its payment forecasts for 2009 at the latest by the end of October 2008."

2.  Recruitment in relation with the 2004 and 2007 enlargement

"The European Parliament and the Council again stress the importance of full recruitment related to the 2004 and 2007 enlargement posts and insist that all efforts should be made by the institutions and specifically by EPSO to ensure that the necessary action is taken to speed up the whole process of filling these posts with officials. The criteria should be as stipulated in Article 27 of the Staff Regulation and aiming to arrive at the broadest possible geographical proportional basis as soon as possible.

The European Parliament and the Council intend to continue to monitor closely the ongoing recruitment process. To this effect, they request each institution and EPSO to report twice a year, in March and October, on the state of affairs regarding recruitments in relation with the 2004 and 2007 enlargement."

3.  EU Solidarity Fund

"The European Parliament, the Council and the Commission confirm the importance of ensuring a smooth process for the adoption of decisions on the mobilisation of the EU Solidarity Fund. Therefore the European Parliament and the Council welcome the Commission commitment according to which, as from now, every preliminary draft amending budget required by the mobilisation of the Solidarity Fund will be solely for that purpose."

4.  European Globalisation Adjustment Fund and Emergency Aid Reserve

"The European Parliament, the Council and the Commission confirm the importance of ensuring a rapid procedure with due respect of the Interinstitutional Agreement for the adoption of decisions on the mobilisation of the European Globalisation Adjustment Fund and of the use of the Emergency Aid Reserve."

5.  Declaration on implementation budget in 2009

"In order to ensure a smooth running of the implementation of the budget during 2009 to allow to reduce any difficulty deriving from the end of term of the European Parliament and the recess period for European elections, the European Parliament, the Council and the Commission agree on the following points:

Transfers

The Commission will ensure to introduce all requests for transfers on good time for the last ordinary meeting of the Committee on Budgets of the European Parliament, foreseen for the 27 April 2009.

In case this date cannot be met, all requests made after the date will be dealt with by the committee, following appropriate communication under an extraordinary procedure.

Amending budgets

The Council and the Commission take note that urgent and unforeseen decisions might occur during the electoral period; a delegation of competences from the plenary to the committee on budgets could avoid unnecessary delays."

6.  Update of the financial programming under Heading 5

"The European Parliament, the Council and the Commission invite the Secretaries General of all Institutions to present an updated report on the financial programming of administration expenditure under Heading 5 by the end of October."

UNILATERAL DECLARATIONS

1.  Payment appropriations

2.  Structural and Cohesion Funds and rural development 2007-2013 programmes

The Commission has been asked to present by the end of October 2008 updated payments forecasts for 2009. Given the degree of uncertainty concerning implementation conditions in Member States, for such an updating the Commission will have to rely also on updated payment forecasts to be provided by Member States.

3.  Evaluation of agencies

The Council and the Commission agree that this evaluation should allow them to assess to what extent the regulatory agencies are an adequate tool, in the context of good governance and sound financial management, for implementing European policies at present and in the future. To this end the evaluation should allow for the comparability of the results in a horizontal manner, when possible on the basis of common indicators.

Moreover, the evaluation should especially address the following issues:

- the rationale, relevance and purpose of the agencies, in accordance with good governance;

- the impact, effectiveness and efficiency of the agencies' work, including determining factors such as programming, reporting and monitoring mechanisms;

- the budgetary process and accountability of the agencies;

The evaluation should also aim to assess:

- the coherence of the objectives and activities of the agencies with the priorities and objectives of EU policies;

- the transparency of the agencies' work;

- the relationship between the agencies and the Commission, and where appropriate the link between regulatory agencies and national ones;

- the management of the budgetary resources of the agencies.

This evaluation would also provide to the budgetary authority adequate tools and means to assess, in the context of the allocation of the Community contribution during the annual budgetary procedure, the comparability of performance targets, administrative and operational expenditure, evolution of the staff (types and vacancy rate) and impact of the size of the agency.

The Commission intends to take into consideration the position of the Council when defining the scope and terms of reference of this evaluation in order to ensure that the aspects of greatest interest to each institution are covered, especially in the budgetary field. External independent expertise is required in order to ensure reliable, robust and complete results."

It considers an interinstitutional working group a viable structure for the constructive and output oriented debate that is necessary for this purpose and underlines that all major actors from the institutional and legislative sphere as well as representatives of the budgetary authority have to participate in this working group to guarantee satisfactory results.

The European Parliament welcomes, in particular, the launching of a thorough evaluation of the decentralised agencies as described in the Communication. This evaluation should allow to assess to what extent the decentralised agencies are an adequate tool, in the context of good governance and sound financial management, for implementing European policies at present and in the future. To this end the evaluation should allow for the comparability of the results in a horizontal manner, when possible on the basis of common indicators.

The prerogatives of the budgetary authority as safeguarded for the creation of new decentralised agencies under Point 47 of the IIA of 17 May 2006 must be fully preserved in the evaluation and control process concerning already existing agencies."

4.  Follow-up of point 32 of the conclusions of the European Council of 19-20 June 2008

"The European Parliament recalls that the financing of new measures must respect the principles laid down in the Financial Regulation (notably specification) and in the IIA of 17 May 2006 (notably the ceilings of the different headings).

It invites the Commission to present the necessary proposals for their financing in the framework of the 2008-2009 budgetary procedures."

(1) OJ L 253, 7.10.2000, p. 42. (2) OJ L 248, 16.9.2002, p. 1. (3) OJ C 139, 14.6.2006, p. 1. (4) Texts Adopted, P6_TA(2008)0174. (5) Texts Adopted, P6_TA(2008)0175. (6) Texts Adopted, P6_TA(2008)0335. (7) Texts Adopted, P6_TA(2008)0396. (8) OJ L 198, 20.7.2006, p. 15.

European Parliament resolution of 23 October 2008 on the draft general budget of the European Union for the financial year 2009, Section I - European Parliament, Section II - Council, Section IV - Court of Justice, Section V - Court of Auditors, Section VI - European Economic and Social Committee, Section VII - Committee of the Regions, Section VIII - European Ombudsman and Section IX - European Data Protection Supervisor (C6-0310/2008 – 2008/2026B(BUD))

P6_TA(2008)0516 A6-0397/2008

The European Parliament,

–   having regard to Article 272 of the EC Treaty,

–   having regard to Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources(1),

–   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(2),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3),

–   having regard to its resolution of 10 April 2008 on the guidelines for the 2009 budget procedure – other sections(4),

–   having regard to its resolution of 20 May 2008 on Parliament's estimates of revenue and expenditure for the financial year 2009(5),

–   having regard to the preliminary draft general budget of the European Union for the financial year 2009, which the Commission presented on 16 May 2008 (COM(2008)0300),

–   having regard to the draft general budget of the European Union for the financial year 2009, which the Council established on 17 July 2008 (C6-0310/2008),

–   having regard to Rule 69 of and Annex IV to its Rules of Procedure,

–   having regard to the report of the Committee on Budgets and the opinions of the other committees concerned (A6-0397/2008),

A.   whereas the Preliminary Draft Budget (PDB) of all the institutions left a margin of EUR 121 744 018 below the ceiling of the financial framework for the financial year 2009,

B.   whereas after the Council's decision of 17 July 2008, the draft budget (DB) has a margin of EUR 224 133 714 below this ceiling,

C.   whereas a pilot process was agreed in which enhanced cooperation between the Bureau and the Committee on Budgets, and early mutual cooperation on all items with significant budgetary implications, would be applied throughout the 2009 procedure,

D.   whereas the prerogatives of the plenary in adopting the budget are fully maintained in accordance with the Treaty provisions and the Rules of Procedure,

E.   whereas a pre-conciliation meeting between delegations of the Bureau and the Committee on Budgets took place on 16 April 2008 in advance of the Bureau's adoption of the Preliminary Draft Estimates,

F.   whereas a conciliation meeting between these delegations took place on 30 September 2008, prior to the votes in the Committee on Budgets and in the plenary,

General Framework

1.  Considers that the EU institutions, following its request that they present fully cost-based budget drafts corresponding to real needs, have cooperated in a constructive way so as now to arrive at final proposals that take into account the expectations of citizens and the need for financial rigour;

2.  Stresses that it has asked for statements from all institutions on how any expenditure related specifically to the potential entry into force of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community could be identified; is satisfied, following their answers, that no such expenditure has been included in the final proposal;

3.  Welcomes the Council's approach of using a more targeted method for establishing the Draft Budget as opposed to the across-the-board percentage changes previously used;

4.  Stresses that, overall, there is still room for improvement and more effective use of budget resources in a number of areas and considers that these include increased inter-institutional cooperation, better use of performance targets, forecasting tools and benchmarking against best practice, further use of staff mobility and redeployment in order to keep increases in check and also demonstration of a solid grip on all expenses related to travel, allowances, translation, and especially building costs;

5.  Stresses once again the importance of continuous parliamentary monitoring of the implementation of budgetary decisions, which is the base for the establishment of the annual budget; is convinced that direct parliamentary control cannot but contribute to improving the quality of spending, to a more direct control of sound financial management and eventually to a re-focusing of financial support to political priorities; believes that this objective can be reached only with the full involvement of the two budgetary committees and specialised committees;

6.  Has decided to leave a margin below the ceiling of heading 5, Administrative expenditure, of EUR 76 269 100, thus limiting the overall increase to 5,8 %; emphasises that this includes restoring a part of the reductions made by Council to the budget of the institutions, but only in those cases where the specific needs of each one have been justified;

Section 1 - European Parliament

7.  Stresses that its political priorities as set out in its budgetary Guidelines and Estimates resolutions of 10 April 2008 and 20 May 2008 have guided the 2009 proposals in a spirit of budgetary rigour while safeguarding the political priorities set out; considers that the outcome is fully in line with these objectives and, notably, also corresponds to the specific requirements related to 2009 as an election year for the Parliament and the challenges related to the new Statute for Members and to the change of term;

8.  Warmly welcomes the improved cooperation between the Bureau and the Committee on Budgets which has provided a solid foundation for the preparatory work leading up to the first reading of the budget, as well as during the guidelines and estimates stages; underlines the willingness of both parties to further continue and make a success of the pilot process in order to resolve differences at an early stage while, at the same time, maintaining the prerogatives of each body;

9.  Considers, nevertheless, that some practical difficulties will have to be ironed out in order to facilitate and further improve cooperation, notably clear improvements on necessary information and reports being made available within appropriate time-limits before the first reading;

10.  Acknowledges that significant developments, with a clear budgetary impact, have occurred since its adoption of the Estimates and that, in consequence, certain adjustments are now called for; stresses particularly, in this regard, budgetary changes brought about by the suspension of the entry into force of the Treaty of Lisbon, by the preparations for the implementation of the new Statute for Assistants, by updated forecasts for the Members' Statute and, also, by the rise in energy prices;

11.  Stresses that significant developments aimed at assisting Members in the exercise of their mandate, particularly their legislative duties, have been achieved; points to the positive evaluation and establishment of the new Library Briefing Service, which will enhance Members' parliamentary activities; stresses the importance of Members being able to receive timely, objective and factual information on subjects relevant to their parliamentary activities; asks the administration to further improve the presentation of the answers to Members' enquiries, publish all requests, and not only the briefings, on the library's web site and enlarge the linguistic coverage of the information provided; wishes to be informed by way of a first evaluation at the beginning of 2010;

12.  Stresses that the overall level of its budget amounts to 19,67 % of the authorised expenditure under heading 5 (administrative appropriations) of the multi-annual financial framework, i.e. it has been maintained below the self-imposed limit of 20%; welcomes the fact that this implies a further saving of EUR 0,9 million compared to its position in May 2008; points out that this is related to a combination of factors as mentioned above;

13.  Takes note of the conciliation meeting between the Bureau and the Committee on Budgets on 30 September 2008, in which the major budgetary differences were negotiated and, in the main, resolved; notes, however, that a few outstanding issues where no agreement could be reached were left to the responsibility of the Parliament;

14.  Underlines the positive results and the constructive nature of this meeting; can, based on its previous resolutions and further analysis of the Estimates and Amending Letter, largely endorse the modifications to the Establishment Plan proposed by the Bureau; is not in a position, however, to fully approve all proposals;

15.  Recognises that significant efforts to redeploy resources have been and will be made in order to limit staff increases and related costs;

16.  Approves the changes to the Establishment Plan of the secretariat as contained in the tabled budgetary amendments, totalling 88 posts and 1283 upgradings; maintains in reserve the appropriations related to a limited number of posts pending further analysis and clarification regarding the use, needs and optimal distribution of resources, as outlined above, by the end of June 2009 at the latest;

17.  While being fully committed to a speedy launch of the Visitor's Centre, stresses that, following the Conciliation, some further work is still needed to arrive at a satisfactory and cost-effective solution; notes that the two delegations could not reach full agreement on this point and, in consequence, decides to partially approve the requests at this stage, while being fully prepared to revisit this issue as soon as possible and after the necessary information has been provided;

18.  Recognises the needs of political groups in terms of staff resources in order to face increasing challenges and, in consequence, agrees to provide a further 53 posts; considers that a reflection on how group staffing requests and the related appropriations could be better integrated into the budgetary procedure at an earlier stage would be most welcome in order to make possible a more timely assessment of the essential requirements;

19.  Points out that it has decided to boost information activities carried out in the Member States as part of its strategy and action plan for the 2009 European elections; also welcomes the idea of greater involvement of young people in the campaign process, with the aim of informing EU citizens about the role of the European Parliament;

20.  Stresses that the budgetary provisions have now been put in place in order to facilitate the introduction of a new "Regime" for Members' parliamentary assistants and warmly welcomes the work currently being done in order to reach a final agreement on this issue before the end of the year;

21.  Welcomes the proposal for a Knowledge Management System to improve the dissemination of information and to manage the various information sources at administrative and political level; asks the administration to present the results of the first phase of the two-step approach by the end of March 2009;

22.  Given the very substantial amounts involved, considers that the budgetary authority needs to consider the financial constraints and rising costs of purchasing, maintaining and refurbishing buildings in the coming year, especially taking into consideration the fact that the Members' Statute will come into force in 2009; asks the Bureau to submit a strategic plan by September 2009, before the 1st reading of the budget; in this light, cannot agree to an increased building reserve and decides to keep it at EUR 20 million; 

23.  Recalls that a clearer medium to long-term vision for buildings, including planning measures, would likely be beneficial for controlling costs; calls on its Bureau to continue efforts in this regard; asks to receive a final report on the financial, administrative and legal implications related to the issue of asbestos and, as well, to the ceiling repair works necessary in Strasbourg;

24.  Reiterates that Parliament has decided that as from the entry into force of the Members' Statute, it should no longer be possible to acquire new rights under the Voluntary Pension Scheme; points out that the implementing decisions, as decided by the Bureau, permit the acquiring of new rights only for members of the Fund that are re-elected, who will fall under a transitional arrangement and who are not entitled to a national or European pension linked to their mandate; believes, as a consequence, that hardly any Members will remain eligible to acquire new rights; awaits an updated estimate from the administration as regards the appropriations needed from the entry into force of the Members' Statute;

25.  Awaits the results of the study on the carbon footprint of the European Parliament, which should also include the question of CO2 off-setting schemes, as requested by Parliament; has decided to adapt the nomenclature of the lines affected by such an eventual future off-setting scheme; reiterates, however, that efforts need to be stepped up to reduce travel where possible;

26.  Expresses its wish that a mobility management centre, detailing public transport connections from and to the Parliament, be made available in all of Parliament's premises, as well as via the intranet, as from the start of the new mandate of Parliament, encouraging use of public transport as an alternative to car use;

27.  Takes note of the suggestion of funding a European Parliament professorship in honour of Professor Bronisław Geremek and of establishing a board, one of the purposes of which could be to grant an annual award; calls on the Bureau to examine this suggestion and its feasibility in collaboration with the Commission, with the aim of allocating the appropriate resources;

28.  Takes note of the opinions submitted by the Committees on International Trade, Legal Affairs and Petitions and acknowledges the high level of agreement; stresses that, in the main, the concerns raised have been taken on board through the budgetary amendments and the vote;

Section IV - Court of Justice

29.  Recognises the importance of the new urgency procedure to be implemented by the Court, in which national courts are entitled to a reply within a much shorter deadline than was previously the case; therefore approves the draft budget as concerns the 39 new posts in question;

30.  Notes that the high rate of increase in the budget is primarily due to the construction project for the Court's new building, which was previously agreed and which will continue to have a high financial impact for years to come; calls on the Court to present an updated report on the works as a whole and its cost implications until 2013;

31.  Considers that the development of the Court's normal operating budget, currently at a rate of about +2,5%, is far more encouraging and that, overall, the Court has made clear efforts to limit its expenditure growth for the 2009 exercise;

32.  Decides to fix the general abatement rate at 3,5%, a level close to that which the Court itself is suggesting, and restores the corresponding appropriations; notes that this should ensure the Court's full operability while still representing a saving on the original proposals;

Section V - Court of Auditors

33.  Welcomes the proposed reinforcement of the Court's audit capacity and decides to provide the 20 associated posts in agreement with both the Court and the Council;

34.  Considers that the financing of the Court's building extension must be kept at the lowest cost possible for the taxpayer; therefore re-confirms its decision to pay for this directly through the budget, in four years, rather than masking the significantly higher costs that would result from a 25-year lease-purchase arrangement; decides, in consequence, to frontload the maximum amount possible to the 2009 budget and, to this end, has approved an amount of EUR 55 million for this purpose;

35.  Decides to boost a limited number of expenditure items relating to the Court's dissemination of reports to the public, a performance audit of the Court itself, better reporting, childcare facilities for staff and also to provide two further posts in the establishment plan in addition to the auditors mentioned above;

Section VI - European Economic and Social Committee

36.  Has taken account of the Committee's concerns as regards appropriations available for staff and, considering the arguments advanced, agrees to adjust the general abatement rate to a level of 4,5%;

37.  Decides to create, in addition to the two new AD5 posts included in the Draft Budget, another two AST posts which had been rejected by the Council;

38.  Decides to place a portion of appropriations for travel and meeting expenses into reserve pending the provision by the Committee of a clear plan on how it intends to keep these costs in check;

Section VII - Committee of the Regions

39.  Takes note of the fact that the Committee will need to recruit additional 'enlargement-related' staff and agrees to the new posts in the Council's draft budget;

40.  In addition to this, can accept, after hearing the Committee, a limited number of three further posts in order to boost its operational capacity in specific departments;

41.  Decides to introduce a general abatement rate of 4,5% after hearing the Committee's arguments; notes that this is very close to the Committee's own requests while still representing a saving;

Section VIII - European Ombudsman

42.  Agrees to the Council's draft budget on creating three new AD posts in order to strengthen the Ombudsman in dealing with an increasing number of admissible complaints; in addition to this, after hearing the Ombudsman, can also agree to three temporary AST posts;

Section IX - European Data Protection Supervisor

43.  Approves this section of the draft budget;

o
o   o

44.  Instructs its President to forward this resolution, together with the amendments to Sections I, II, IV, V, VI, VII, VIII and IX of the draft general budget, to the Council and the Commission, and also to the other institutions and bodies concerned.

(1) OJ L 253, 7.10.2000, p. 42. (2) OJ L 248, 16.9.2002, p. 1. (3) OJ C 139, 14.6.2006, p. 1. (4) Texts adopted, P6_TA(2008)0115. (5) Texts adopted, P6_TA(2008)0208.

European Parliament legislative resolution of 23 October 2008 on the Council common position for adopting a directive of the European Parliament and of the Council on airport charges (8332/2/2008 – C6-0259/2008 – 2007/0013(COD))

P6_TA(2008)0517 A6-0375/2008

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (8332/2/2008 – C6-0259/2008)(1),

–   having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2006)0820),

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

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0375/2008),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 23 October 2008 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on airport charges

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Directive 2009/12/EC.)

(1) OJ C 254 E, 7.10.2008, p. 18. (2) Texts adopted, 15.1.2008, P6_TA(2008)0004.

European Parliament legislative resolution of 23 October 2008 on the proposal for a Council and Commission decision on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (8225/2008 – COM(2008)0182 – C6-0255/2008 – 2008/0073(AVC))

P6_TA(2008)0518 A6-0378/2008

(Assent procedure)

The European Parliament,

–   having regard to the proposal for a Council and Commission decision (8225/2008 – COM(2008)0182),

–   having regard to the draft Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (8226/2008),

–   having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 300(2), first subparagraph, last sentence and Article 310 of the EC Treaty (C6-0255/2008),

–   having regard to Article 101 of the EAEC Treaty,

–   having regard to Rules 75 and 83(7) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on Foreign Affairs (A6-0378/2008),

1.  Gives its assent to conclusion of the agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Bosnia and Herzegovina.

European Parliament resolution of 23 October 2008 on piracy at sea

P6_TA(2008)0519 B6-0537/2008

The European Parliament,

–   having regard to its resolution of 20 May 2008 on an integrated maritime policy for the European Union(1),

–   having regard to its resolution of 19 June 2008 on the routine killing of civilians in Somalia(2),

–   having regard to the conclusions of the General Affairs Council meeting of 15 September 2008 (13028/2008),

–   having regard to the conclusions of the External Relations Council meeting of 26 May 2008 (9868/2008),

–   having regard to Council Joint Action 2008/749/CFSP of 19 September 2008 on the European Union military coordination action in support of UN Security Council Resolutions 1816(2008) (EU NAVCO)(3), and to UN Security Council Resolution 1838(2008),

–   having regard to the 1988 United Nations Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,

–   having regard to UN Security Council Resolutions 1814(2008) of 15 May 2008 and 1816(2008) of 2 June 2008 on the situation in Somalia,

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

A.   whereas piracy on the high seas represents a growing threat to human life and safety, particularly in the seas off Somalia and the Horn of Africa, including to humanitarian aid to some 3 500 000 people who need assistance,

B.  B whereas there have already been complaints concerning an increase in piracy in other parts of the world, such as the Mozambique Channel, some areas off the coast of India, and the Caribbean,

C.   whereas the continuing conflict and political instability in Somalia have given rise to acts of piracy and armed robbery,

D.   whereas in the last year criminal assaults against Community fishing, merchant and passenger vessels in international waters near the African coasts have increased in number and frequency, posing a risk to the lives of the crew and having a significant negative impact on international trade,

E.   whereas the unhindered passage of vessels plying their trade legally on the high seas is an absolute precondition for international commerce,

F.   whereas such piracy is an immediate threat to mariners, whose livelihood depends on the safe and lawful exercise of their trade and profession at sea,

G.   whereas EU fishermen on the high seas have been targeted by pirates and the threat of piracy has led a significant number of EU fishing vessels to withdraw from seas hundreds of kilometres from the Somali coast or to reduce their fishing activity in the region,

H.   whereas a number of victims of piracy have been ordinary citizens peacefully pursuing their activities on board leisure craft in the seas off the Horn of Africa,

I.   whereas such piracy in part results from but also contributes to violence and political instability in Somalia, and has a knock-on effect on the rest of the Horn region, and its concomitant consequences for the civilian population of Somalia in terms of exposure to threats, lack of development and interruptions to food aid and other humanitarian efforts,

J.   whereas in 2007 it was reported that 20 crew members were murdered, 153 wounded or assaulted and 194 kidnapped,

K.   whereas, in response to the worsening of that phenomenon, the UN Security Council is currently working on a new resolution aimed at harnessing the support of the international community for a more effective implementation of existing suppression and prevention instruments, within the framework of maritime law and the UN Security Council's resolutions;

1.  Calls on the Transitional Federal Government of Somalia, in collaboration with the UN and the African Union, to treat piracy and armed robbery committed from the Somali coast against vessels carrying humanitarian aid as criminal acts to be pursued by arresting the perpetrators under existing international law;

2.  Takes note of Council Joint Action 2008/749/CFSP, which establishes a military coordination action in support of UN Security Council Resolution 1816(2008) named EU NAVCO;

3.  Calls on the Member States sitting on the UN Security Council to renew the authorisations granted in Resolution 1816(2008), in line with the intention set out in Resolution 1838(2008);

4.  Calls on the Commission to seek ways to provide protection against piracy for EU-flagged and other fishing vessels that operate in international waters in the north-western Indian Ocean, possibly through cooperation with the Indian Ocean Tuna Commission;

5.  Regrets the lack of consultation by the Council of the European Parliament on the decision to launch this European Security and Defence Policy (ESDP) operation and urges the Council to provide information to the Parliament about the scope of this action and the exact tasks that the 'EU Coordination Cell' in the European Council will undertake in support of the ESDP maritime mission: EU NAVCO;

6.  Calls on the Council to clearly distinguish between the future ESDP mandate and the anti-piracy tasks performed by its Member States within the framework of Operation Enduring Freedom-Horn of Africa, aimed at countering terrorist activities; requests clear guidelines for detention and prosecution of captured pirates; calls on the Council to avoid any involvement of EU NAVCO in the ongoing conflict in Somalia; calls for effective coordination with other naval vessels in the region, especially those of the USA and Russia;

7.  Urges the Council and the Commission to seek to ensure that the International Maritime Organisation's (IMO) legal instruments dealing with piracy and armed robbery are reviewed and updated as soon as possible, with a view to prosecuting and passing sentence on the perpetrators of such crimes;

8.  Calls on the Council and the Commission to encourage coastal states and all Member States to ratify the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation;

9.  Invites those Member States that have not yet done so to transpose into their domestic law the relevant provisions of the UN Convention on the Law of the Sea and the UN Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, which enable jurisdiction to be clearly established and thus to ensure the absolute legal certainty of criminal proceedings following the capture of pirates or perpetrators of armed attacks at sea;

10.  Welcomes the Commission's intention to improve coordination with the European agencies responsible for maritime surveillance, underlining especially the prevention of illegal activities (human and drug trafficking and illegal immigration) with a special focus on international waters; urges the Council not to equate the challenge of terrorism with the issues of illegal immigration and human and drug trafficking;

11.  Welcomes the Commission's initiative to promote negotiations for better management of the maritime space with third countries and strongly supports the increased cooperation with neighbouring countries for the protection of seas beyond national jurisdictions;

12.  Condemns categorically the trade in weapons and ammunition with organised bands that commit acts of piracy; asks the competent international organisations to recommend suitable measures for preventing weapons from reaching the hands of such pirate groups;

13.  Calls on the Commission to provide information to the Parliament about any decisions it might take about funding projects relating to critical maritime routes in the Horn of Africa, the straits of the Bab al Mandab and the Gulf of Aden;

14.  Calls on the Commission to consider how practical support might be given to the IMO's Sana'a/Dar es Salaam Agenda and in particular to the establishment of a Regional Maritime Information Centre or system in connection with this;

15.  Welcomes the progress made by the European Council in the preparation of a European Union naval operation against piracy, aimed at guaranteeing the safety of cargo ships transiting a shipping channel in the Gulf of Aden;

16.  Regrets that the action taken by the Council does not cover the region's fishing areas, and calls for swift action to be taken to that effect;

17.  Asks the Commission to set up, in the framework of the new Integrated Maritime Policy, a Community system for mutual cooperation and coordination that would allow naval vessels flying the flag of a Member State deployed in international waters to protect fishing and merchant vessels from other Member States, at the earliest possible opportunity;

18.  Welcomes, therefore, the adoption of an amendment at Parliament's first reading of the Union's general budget 2009 aimed at establishing a new budget line to finance a pilot project to examine the possibility of funding, managing and coordinating a Community action plan to protect Community vessels transiting through or operating in areas threatened by international piracy;

19.  Urges the Commission and the Member States to support actively, in the framework of the UN and the IMO, the initiative promoted by several Member States to extend the right of sea and air pursuit to the territorial waters of the coastal states, provided that the countries concerned agree, as well as to develop a mechanism for coordinated assistance against cases of maritime piracy; also calls on the Commission and Member States to work actively to ensure the adoption of a new UN Security Council resolution, since UN Security Council Resolution 1816(2008) will expire on 2 December 2008;

20.  Hopes that, in parallel to ensuring the safety of convoys and exercising the right of pursuit vis-à-vis their aggressors, the Commission and the United Nations do not neglect the path of political cooperation and normalisation with the states of the region concerned, in order to enable them to better prevent and combat crime at sea and its many root causes;

21.  Calls on the Council and Member States to explain the objectives of the EU military naval operation within the framework of United Nations Security Council Resolution 1816(2008) to suppress armed robbery and piracy off the coasts of Somalia; acknowledges that UN Security Council Resolution 1816(2008) and 1838(2008) were drafted under Chapter VII of the UN Charter as the only way to legitimatise the use of force; stresses, nevertheless, that under no circumstances should acts of piracy or acts against piracy be considered to be acts of war; urges the European Council to deal with piracy as a criminal act under existing international law;

22.  Calls on the Council to do everything in its power to identify and dismantle the organised criminal networks that reap the profits of such acts;

23.  Calls on the Commission and the international community to deploy all the necessary human and financial resources to help establish a stable democratic regime in Somalia, in the interests of effectively combating piracy on the high seas in the long term;

24.  Invites the Council and Member States to adopt clear and legally incontrovertible rules of engagement for the naval forces engaged in those operations;

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

(1) Texts adopted, P6_TA(2008)0213. (2) Texts adopted, P6_TA(2008)0313. (3) OJ L 252, 20.9.2008, p. 39.

European Parliament resolution of 23 October 2008 on the draft Commission regulation of 2 June 2008 amending Commission Regulation (EC) No 809/2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards elements related to prospectuses and advertisements and on the draft Commission decision of 2 June 2008 on the use by third-country issuers of securities of certain third-country national accounting standards and international financial reporting standards to prepare their consolidated financial statements

P6_TA(2008)0520 B6-0544/2008

The European Parliament,

–   having regard to Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading(1), in particular Article 7(1) thereof,

–   having regard to Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market(2), in particular the third subparagraph of Article 23(4) thereof,

–   having regard to Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards(3),

–   having regard to Commission Regulation (EC) No 1569/2007 of 21 December 2007 establishing a mechanism for the determination of equivalence of accounting standards applied by third country issuers of securities pursuant to Directives 2003/71/EC and 2004/109/EC of the European Parliament and of the Council(4),

–   having regard to the draft Commission regulation of 2 June 2008 amending Commission Regulation (EC) No 809/2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards elements related to prospectuses and advertisements,

–   having regard to the draft Commission decision of 2 June 2008 on the use by third-country issuers of securities of certain third-country national accounting standards and international financial reporting standards to prepare their consolidated financial statements,

–   having regard to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5),

–   having regard to its resolution of 14 November 2007 on the draft Commission regulation amending Regulation (EC) No 809/2004 as regards the accounting standards in accordance with which historical information contained in prospectuses is drawn up and on the draft Commission decision on the use by third-country issuers of securities of information prepared under internationally accepted accounting standards(6),

–   having regard to Rule 81 of its Rules of Procedure,

As regards the draft regulation and draft decision

1.  Notes the progress achieved by the Commission towards the elimination of reconciliation requirements for EU issuers in third countries; acknowledges that steps have been taken towards the recognition of US Generally Accepted Accounting Principles (US GAAP) and International Financial Reporting Standards (IFRS) as adopted by the EU;

2.  Takes the view that third-country Generally Accepted Accounting Principles (third-country GAAP) should be considered equivalent to IFRS as adopted pursuant to Regulation (EC) No 1606/2002 in the event that investors are able to make similar decisions irrespective of whether they are provided with financial statements in accordance with IFRS or on third-country GAAP and in the event that audit assurance and enforcement at entity level are sufficient for investors to rely on;

3.  Considers that regulators should maintain an active dialogue with their international counterparts regarding the application and consistent enforcement of IFRS and enhance cooperation and information-sharing;

4.  Notes that IFRS that are issued by the International Accounting Standards Board (IASB) provide a solid basis for the regulators to work towards the convergence of accounting standards globally; takes the view that the worldwide application of international accounting standards could improve the transparency and comparability of financial statements, thus bringing substantial benefits to companies and investors;

5.  Believes that bringing about the convergence of accounting standards is an important task, but underlines that the ultimate goal must be for each jurisdiction to adopt IFRS whilst respecting its own democratic and legal framework;

6.  Welcomes Regulation (EC) No 1569/2007, which provides for the definition of equivalence and establishes a mechanism for determining the equivalence of third-country GAAP; underlines that Regulation (EC) No 1569/2007 requires that the Commission decision permit Community issuers to use IFRS adopted pursuant to Regulation (EC) No 1606/2002 in the third country concerned;

7.  Notes that the US recognises only financial statements prepared under IFRS as issued by the IASB; acknowledges, however, that the US allows a short transition period during which financial statements prepared in accordance with IFRS adopted under Regulation (EC) No 1606/2002 are also accepted without reconciliation requirements;

8.  Emphasises that certain third countries have not yet clearly and publicly stated when IFRS will be applied to their domestic issuers;

9.  Considers that the draft Commission regulation and the draft Commission decision must be consistent with the conditions provided for in Regulation (EC) No 1569/2007 and this resolution;

10.  Welcomes the roadmaps recently presented by certain third countries concerning a switch to IFRS; calls on the Commission to monitor the progress made with the implementation of those roadmaps with a view to abolishing recognition of equivalence when predetermined changeover dates are reached;

11.  Notes that proposals have been made to develop governance by the IASB;

12.  Notes the Commission report of 22 April 2008 on progress towards the elimination of reconciliation requirements and the efforts of accounting standard setters in third countries to converge with IFRS;

13.  Proposes to modify the draft Commission regulation as follows:

Text proposed by the Commission   Modification Modification 1 Draft regulation – amending act Recital 3 (3)  In order to assess the equivalence of the Generally Accepted Accounting Principles (GAAP) of a third country with adopted IFRS, Commission Regulation (EC) No 1569/2007 of 21 December 2007 establishing a mechanism for the determination of equivalence of accounting standards applied by third country issuers of securities pursuant to Directives 2003/71/EC and 2004/109/EC of the European Parliament and of the Council provides for the definition of equivalence and establishes a mechanism for the determination of equivalence of GAAP of a third country. (3)  In order to assess the equivalence of the Generally Accepted Accounting Principles (GAAP) of a third country with adopted IFRS, Commission Regulation (EC) No 1569/2007 of 21 December 2007 establishing a mechanism for the determination of equivalence of accounting standards applied by third country issuers of securities pursuant to Directives 2003/71/EC and 2004/109/EC of the European Parliament and of the Council provides for the definition of equivalence and establishes a mechanism for the determination of equivalence of GAAP of a third country. Regulation (EC) No 1569/2007 also requires that the Commission decision permit Community issuers to use IFRS adopted pursuant to Regulation (EC) No 1606/2002 in the third country concerned. Modification 2 Draft regulation – amending act Recital 6 (6)  In its advice [delivered in March, May 2008 and in …. respectively], CESR recommended finding US GAAP and Japanese GAAP equivalent to IFRS for use within the Community. Furthermore, CESR recommended the acceptance of financial statements using GAAPs of China, Canada, South Korea within the Community on a temporary basis, until no longer than 31 December 2011. (6)  In its advice [delivered in March, May, and October 2008 respectively], CESR recommended finding US GAAP and Japanese GAAP equivalent to IFRS for use within the Community. Furthermore, CESR recommended the acceptance of financial statements using GAAPs of China, Canada, South Korea and India within the Community on a temporary basis, until no longer than 31 December 2011. Modification 3 Draft regulation – amending act Recital 7 (7)  In 2006 the United States' Financial Accounting Standards Board and the IASB concluded a Memorandum of Understanding which reaffirmed their objective of convergence between US GAAP and IFRS and outlined the work programme for this purpose. As a result of this work programme many major differences between US GAAP and IFRS have been resolved. In addition, following the dialogue between the Commission and the US Securities and Exchange Commission, reconciliation for Community issuers which prepare their financial statements according to IFRS is no longer required. Therefore, it is appropriate to consider US GAAP equivalent to adopted IFRS from 1 January 2009. (7)  In 2006 the United States' Financial Accounting Standards Board and the IASB concluded a Memorandum of Understanding which reaffirmed their objective of convergence between US GAAP and IFRS and outlined the work programme for this purpose. As a result of this work programme many major differences between US GAAP and IFRS have been resolved. In addition, following the dialogue between the Commission and the US Securities and Exchange Commission, reconciliation for Community issuers which prepare their financial statements in accordance with IFRS as issued by the IASB is no longer required. Therefore, it is appropriate to consider US GAAP equivalent to adopted IFRS from 1 January 2009. Modification 4 Draft regulation – amending act Recital 12 a (new) (12a)  The Indian Government and the Indian Institute of Chartered Accountants made a public commitment in July 2007 to adopt IFRS by 31 December 2011 and are taking effective measures to secure the timely and complete transition to IFRS by that date. Modification 5 Draft regulation – amending act Article 1 − point 1 Regulation (EC) No 809/2004 Article 35 − paragraph 5A 5A. Third country issuers are not subject to a requirement, under Annex I, item 20.1; Annex IV, item 13.1; Annex VII, item 8.2; Annex X, item 20.1 or Annex XI, item 11.1, to restate historical financial information, included in a prospectus and relevant for the financial years prior to financial years starting on or after 1 January 2012, or to a requirement under Annex VII, item 8.2.bis; Annex IX, item 11.1; or Annex X, item 20.1.bis, to provide a narrative description of the differences between International Financial Reporting Standards adopted pursuant to Regulation (EC) No 1606/2002 and the accounting principles in accordance with which such information is drawn up provided that the historical financial information is prepared in accordance with the Generally Accepted Accounting Principles of the People's Republic of China, Canada or the Republic of Korea. 5A. Third country issuers are not subject to a requirement, under Annex I, item 20.1; Annex IV, item 13.1; Annex VII, item 8.2; Annex X, item 20.1 or Annex XI, item 11.1, to restate historical financial information, included in a prospectus and relevant for the financial years prior to financial years starting on or after 1 January 2012, or to a requirement under Annex VII, item 8.2.bis; Annex IX, item 11.1; or Annex X, item 20.1.bis, to provide a narrative description of the differences between International Financial Reporting Standards adopted pursuant to Regulation (EC) No 1606/2002 and the accounting principles in accordance with which such information is drawn up provided that the historical financial information is prepared in accordance with the Generally Accepted Accounting Principles of the People's Republic of China, Canada, the Republic of Korea or the Republic of India. Modification 6 Draft regulation – amending act Article 1 a (new) Article 1a The Commission shall continue to monitor, with the technical assistance of the CESR, the efforts made by third countries towards a changeover to IFRS and pursue an active dialogue with authorities during the convergence process. The Commission shall submit a report on progress made in this regard to the European Parliament and the European Securities Committee (ESC) during 2009. Modification 7 Draft regulation – amending act Article 1 b (new) Article 1b The dates announced publicly by third countries in relation to a changeover to IFRS shall serve as reference dates for the abolition of equivalence recognition for those third countries.

14.  Proposes to modify the draft Commission decision as follows:

Text proposed by the Commission   Modification Modification 8 Draft decision Recital 5 (5)  In order to assess the equivalence of the Generally Accepted Accounting Principles (GAAP) of a third country with adopted IFRS, Commission Regulation (EC) No 1569/2007 of 21 December 2007 establishing a mechanism for the determination of equivalence of accounting standards applied by third country issuers of securities pursuant to Directives 2003/71/EC and 2004/109/EC of the European Parliament and of the Council provides for the definition of equivalence and establishes a mechanism for the determination of equivalence of GAAP of a third country. (5)  In order to assess the equivalence of the Generally Accepted Accounting Principles (GAAP) of a third country with adopted IFRS, Commission Regulation (EC) No 1569/2007 of 21 December 2007 establishing a mechanism for the determination of equivalence of accounting standards applied by third country issuers of securities pursuant to Directives 2003/71/EC and 2004/109/EC of the European Parliament and of the Council provides for the definition of equivalence and establishes a mechanism for the determination of equivalence of GAAP of a third country. Regulation (EC) No 1569/2007 also requires that the Commission decision permit Community issuers to use IFRS adopted pursuant to Regulation (EC) No 1606/2002 in the third country concerned. Modification 9 Draft decision Recital 7 (7)  In its advice [delivered in March, May 2008 and … respectively], CESR recommended finding US GAAP and Japanese GAAP equivalent to IFRS for use within the Community. Furthermore, CESR recommended the acceptance of financial statements using GAAPs of China, Canada and South Korea within the Community on a temporary basis, until no longer than 31 December 2011. (7)  In its advice [delivered in March, May and October 2008 respectively], CESR recommended finding US GAAP and Japanese GAAP equivalent to IFRS for use within the Community. Furthermore, CESR recommended the acceptance of financial statements using GAAPs of China, Canada, South Korea and India within the Community on a temporary basis, until no longer than 31 December 2011. Modification 10 Draft decision Recital 8 (8)  In 2006 the United States' Financial Accounting Standards Board and the IASB concluded a Memorandum of Understanding which reaffirmed their objective of convergence between US GAAP and IFRS and outlined the work programme for this purpose. As a result of this work programme many major differences between US GAAP and IFRS have been resolved. In addition, following the dialogue between the Commission and the US Securities and Exchange Commission, reconciliation for Community issuers which prepare their financial statements according to IFRS is no longer required. Therefore, it is appropriate to consider US GAAP equivalent to adopted IFRS from 1 January 2009. (8)  In 2006 the United States' Financial Accounting Standards Board and the IASB concluded a Memorandum of Understanding which reaffirmed their objective of convergence between US GAAP and IFRS and outlined the work programme for this purpose. As a result of this work programme many major differences between US GAAP and IFRS have been resolved. In addition, following the dialogue between the Commission and the US Securities and Exchange Commission, reconciliation for Community issuers which prepare their financial statements according to IFRS as issued by the IASB is no longer required. Therefore, it is appropriate to consider US GAAP equivalent to adopted IFRS from 1 January 2009. Modification 11 Draft decision Recital 13 a (new) (13a)  The Indian Government and the Indian Institute of Chartered Accountants made a public commitment in July 2007 to adopt IFRS by 31 December 2011 and are taking effective measures to secure the timely and complete transition to IFRS by that date. Modification 12 Draft decision Article 1 − paragraph 1 − introductory part From 1 January 2009, in addition to IFRS adopted pursuant to Regulation (EC) No 1606/2002, a third country issuer shall be permitted to prepare its annual consolidated financial statements and half-yearly consolidated financial statements in accordance with the following standards: From 1 January 2009, in addition to IFRS adopted pursuant to Regulation (EC) No 1606/2002, with regard to annual consolidated financial statements and half-yearly consolidated financial statements, the following standards shall be considered as equivalent to IFRS adopted pursuant to Regulation (EC) No 1606/2002: Modification 13 Draft decision Article 1 − paragraph 2 Prior to financial years starting on or after 1 January 2012, a third country issuer shall be permitted to prepare its annual consolidated financial statements and half-yearly consolidated financial statements in accordance with the Generally Accepted Accounting Principles of the People's Republic of China or Canada or the Republic of Korea. Prior to financial years starting on or after 1 January 2012, a third country issuer shall be permitted to prepare its annual consolidated financial statements and half-yearly consolidated financial statements in accordance with the Generally Accepted Accounting Principles of the People's Republic of China or Canada, the Republic of Korea or the Republic of India. Modification 14 Draft decision Article 1 a (new) Article 1a The Commission shall continue to monitor, with the technical assistance of the CESR, the efforts made by third countries towards a changeover to IFRS and pursue an active dialogue with authorities during the convergence process. The Commission shall submit a report on progress made in this regard to the European Parliament and the European Securities Committee (ESC) during 2009. Modification 15 Draft decision Article 1 b (new) Article 1b The dates announced publicly by third countries in relation to a changeover to IFRS shall serve as reference dates for the abolition of equivalence recognition for those third countries.

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

(1) OJ L 345, 31.12.2003, p. 64. (2) OJ L 390, 31.12.2004, p. 38. (3) OJ L 243, 11.9.2002, p. 1. (4) OJ L 340, 22.12.2007, p. 66. (5) OJ L 184, 17.7.1999, p. 23. (6) Texts adopted, P6_TA(2007)0527.

European Parliament resolution of 23 October 2008 on the impact of aviation security measures and body scanners on human rights, privacy, personal dignity and data protection

P6_TA(2008)0521 B6-0562/2008

The European Parliament,

–   having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the Charter of Fundamental Rights of the European Union, Article 6 of the EU Treaty, Article 80(2) of the EC Treaty, and Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security(1),

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

A.   whereas the Commission has proposed a draft Commission regulation supplementing the common basic standards on civil aviation security, which includes, among the permitted methods for screening of passengers in EU airports, 'body scanners', i.e. machines producing scanned images of persons as if they were naked, equivalent to a virtual strip search,

B.   whereas body scanners may be one of the technical solutions required to keep a high level of security at European airports,

C.   whereas a European framework to guarantee the rights of European passengers, in the event of body scanners being used, is essential to prevent every airport from applying different regulations,

D.   whereas that draft measure, far from being merely technical, has a serious impact on the right to privacy, the right to data protection and the right to personal dignity, and therefore needs to be accompanied by strong and adequate safeguards,

E.   whereas the draft measure was not accompanied by a Commission impact assessment relating to fundamental rights, as required by the Commission communication of 27 April 2005 on compliance with the Charter of Fundamental Rights in Commission legislative proposals (COM(2005)0172); whereas the Commission consulted neither the European Data Protection Supervisor (EDPS) as required by Article 28(2) of Regulation (EC) No 45/2001of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(2), nor the Article 29 Working Party, nor the Fundamental Rights Agency (FRA); and whereas no enquiries have been made into the possible impact of such machines on passengers' health,

F.   whereas, for the above-mentioned reasons, doubts arise in relation to the justification of this measure and its proportionality and necessity in a democratic society,

G.   whereas this draft measure on methods of screening of passengers, which has been examined by way of the regulatory procedure with scrutiny (comitology), will be followed by implementing measures relating to requirements and procedures for screening, which will be decided through procedures under which Parliament has almost no powers,

H.   whereas no wider, transparent and open debate involving passengers, stakeholders and institutions at EU or national level has been promoted on what is an extremely delicate issue affecting citizens' fundamental rights,

I.   whereas effective security must be ensured in the aviation sector,

J.   whereas the decision of the Commission to phase out the ban on liquids by April 2010 at the latest is a positive step forward,

1.  Considers that the conditions for taking a decision have not yet been met, given that essential information is still lacking, and asks the Commission, before the expiry of the three-month deadline, to:

2.  Believes that this draft measure could exceed the implementing powers provided for in the basic instrument, as the measures in question cannot be considered mere technical measures relating to aviation security, but have a serious impact on the fundamental rights of citizens;

3.  Considers, in this respect, that that all aviation security measures, including use of body scanners, should respect the principle of proportionality as justified and necessary in a democratic society, and therefore asks the EDPS, the Article 29 Working Party and the FRA, as a matter of urgency, to urgently deliver an opinion on body scanners by the beginning of November 2008;

4.  Reserves the right to verify the compatibility of such measures with human rights and fundamental freedoms with the EU legal services, and to take the necessary follow-up actions;

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

(1) OJ L 97, 9.4.2008, p. 72. (2) OJ L 8, 12.1.2001, p. 1.

European Parliament resolution of 23 October 2008 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part

P6_TA(2008)0522 B6-0541/2008

The European Parliament,

–   having regard to the Presidency conclusions of the Thessaloniki European Council (19-20 June 2003) and to the annex thereto entitled 'The Thessaloniki Agenda for the Western Balkans: moving towards European integration',

–   having regard to the Council decision of 7 November 2005 to open negotiations with Bosnia and Herzegovina (BiH) with a view to a Stabilisation and Association Agreement (SAA),

–   having regard to the initialling of the SAA on 4 December 2007 and its signature on 16 June 2008,

–   having regard to the draft Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (8226/2008),

–   having regard to the Road Map for visa liberalisation presented to BiH by the Commission on 5 June 2008,

–   having regard to the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part, the Annexes and Protocols annexed thereto, and the joint declaration and the declaration by the Community attached to the Final Act,

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

A.   whereas the SAA is the first comprehensive international agreement between BiH and the European Union establishing a contractual relationship between the two parties which will facilitate BiH's transition towards becoming a fully functional state, a state whose future, as declared at the above-mentioned Thessaloniki European Council, lies in the European Union,

B.   whereas the SAA has the potential to boost BiH's economy since it contains provisions which commit the country to liberalising its market, thus increasing the competitiveness of its businesses and attracting investment, to modernising its legal framework by making it more efficient and transparent and to gradually approximating BiH's laws and regulations to the acquis communautaire,

C.   whereas the Interim Agreement, which has been in force since 1 July 2008, abolishes gradually most trade restrictions between the two parties and could in the short term place a strain on BiH's economy due to competition by EU products and a reduction in customs revenues,

D.   whereas the SAA contains provisions concerning the strengthening of institutions, consolidation of the rule of law and respect for human rights, including minority rights,

E.   whereas it stipulates that the parties should cooperate in sensitive areas such as visas, border controls, asylum and migration, money laundering, the fight against terrorism and the fight against organised crime,

F.   whereas the implementation of the agreed reform of BiH police structures should be seen as part of the country's efforts to improve its capacity to address the above issues,

G.   whereas raising the level of general education and vocational education and training in BiH, as well as youth policy and youth work, including non-formal education, is also an objective of the agreement,

H.   whereas greater efforts are needed in order to overcome the division along ethnic lines and move towards genuine reconciliation between the parties; whereas these efforts must be addressed, in particular, to the young generations through common education programmes in both entities and through a common understanding of the recent tragic events that took place in the country,

I.   whereas BiH is still in many respects a country divided along ethnic lines, which is an obstacle to its transformation into a really functional state and democracy,

J.   whereas membership of the European Union is a prospect for Bosnia and Herzegovina only as a single state, and not for its entities, which do not enjoy autonomous sovereignty; whereas it is, therefore, in the interests of the entities to ensure that Bosnia and Herzegovina is a fully functional state, capable of fulfilling all the membership criteria and obligations,

K.   whereas there are still 125 072 people officially registered as internally displaced persons (IDPs), of whom, according to the BiH Government, 8 000 are still living in collective centres, notably because of a lack of adequate housing, infrastructure and employment in their areas of origin,

L.   whereas sterling work has been carried out on the ground by non-governmental organisations (NGOs) seeking to make the situation of IDPs and refugees more bearable,

M.   whereas there are also 45 000 people officially registered as being in need of assistance to return to their pre-war places of residence,

N.   whereas war crimes should be pursued with equal determination, means and efficiency at both State and local level,

1.  Welcomes the signature of this important agreement and urges all EU Member States to ratify it swiftly; is convinced that it consolidates the European prospects of BiH and provides a unique opportunity for the country to achieve peace, stability and prosperity;

2.  Reminds the political leaders, in particular, that it is mainly their responsibility to exploit this opportunity by showing sufficient foresight and determination in jointly pursuing reforms at all levels – State, entity and local – with a view to modernising the country and making it more efficient and compatible with EU standards, not least by abolishing all unnecessary legal and administrative barriers and by streamlining administrative structures; believes that the authorities of the Federation, in particular, should as a matter of urgency consider taking concrete steps in this direction;

3.  Recalls in this respect the obligation of BiH, in line with the SAA and the Interim Agreement, inter alia to:

4.  Considers that the SAA has the potential to boost BiH's economy since it contains provisions which commit the country to liberalising its market, thus increasing the competitiveness of its businesses and attracting investment, and to modernising its legal framework by making it more efficient and transparent; encourages the BiH authorities to take the necessary steps to increase the level of foreign direct investment in the country;

5.  Believes that the above measures mean that BiH's administrative capacity must be strengthened at all levels, including at the level of the State, which will have the responsibility of monitoring and ensuring compliance with the obligations resulting from theSAA, regardless of which bodies are responsible for the implementation of the SAA;

6.  Recalls that both entities need to make progress in the privatisation process but emphasises that this should be done under transparent conditions and within a proper regulatory and legal framework and that the proceeds from privatisation should be invested in order to foster lasting economic development in the country;

7.  Calls on the BiH Parliament, in close cooperation with the parliaments of the entities, to monitor the implementation of the SAA and to facilitate the adoption of legislation relating to the SAA and the European Partnership;

8.  Is convinced that the provisions regarding cooperation in areas such as visas, border management, migration and fighting organised crime and terrorism will provide a powerful incentive in BiH to build on the recently adopted police reform by promoting further cooperation between the different police structures and achieving greater harmonisation of procedures and practices; calls on the EU Police Mission in BiH to facilitate this process;

9.  Welcomes the fact that the agreement also upholds the principle of non-discriminatory access to BiH's education and vocational training systems irrespective of gender, ethnic origin or religion; believes in fact that serious efforts are needed in order to overcome the segregationist structures currently operating in the country; considers that education and the familiarity gained through having lived side by side from an early age are key factors in the reconciliation process;

10.  Believes that the EU should promote academic and research cooperation, including exchanges of staff, between BiH and the other countries of the region and between these and the EU Member States; recalls in this respect the contribution that EU programmes can make to this objective and the urgent need to establish a national agency in charge of implementing these programmes which are now open to the countries of the Western Balkans;

11.  Urges the educational authorities in BiH finally to put in place the national agency required in order to allow participation by BiH citizens in the Community mobility programmes, which, at the behest of this Parliament, have been opened up to the Western Balkan countries; takes the view that, besides fostering the mobility of students and researchers, the relevant Community programmes should also seek to promote cross-entity cooperation between educational establishments;

(1) Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA), OJ L 210, 31.7.2006, p. 82.

European Parliament resolution of 23 October 2008 on the commemoration of the Holodomor, the Ukraine artificial famine (1932-1933)

P6_TA(2008)0523 RC-B6-0571/2008

The European Parliament,

–   having regard to the Treaty on European Union,

–   having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms,

–   having regard to the UN Convention for the Prevention and Punishment of the Crime of Genocide,

–   having regard to the Joint Statement issued at the 58th Plenary Session of the UN General Assembly on the 70th Anniversary of the Holodomor in Ukraine, which was supported by 63 States, including all the (then) 25 EU Member States,

–   having regard to the Ukrainian Law on the 'Holodomor in Ukraine of 1932-1933', adopted on 28 November 2006,

–   having regard to the statement of the President of the European Parliament on 21 November 2007 marking the start of the commemoration of the 75th anniversary of the Holodomor famine in Ukraine,

–   having regard to the Final Statement and Recommendations of the Tenth Meeting of the EU-Ukraine Parliamentary Cooperation Committee, adopted on 27 February 2008,

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

A.   whereas respect for human rights and fundamental freedoms are basic principles on which the EU is founded,

B.   whereas the UN Convention for the Prevention and Punishment of the Crime of Genocide criminalises a number of acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; and forcibly transferring children of the group to another group,

C.   whereas the Holodomor famine of 1932-1933, which caused the deaths of millions of Ukrainians, was cynically and cruelly planned by Stalin's regime in order to force through the Soviet Union's policy of collectivisation of agriculture against the will of the rural population in Ukraine,

D.   whereas the commemoration of crimes against humanity in European history should help to prevent the occurrence of similar crimes in the future,

E.   whereas European integration has been based on a readiness to come to terms with the tragic history of the 20th century and a recognition that reconciliation with a difficult history does not denote any sense of collective guilt, but forms a stable basis for the construction of a common European future founded on common values and a shared and interdependent future,

1.  Makes the following declaration to the people of Ukraine and in particular to the remaining survivors of the Holodomor and the families and relatives of the victims:

2.  Instructs its President to forward this resolution to the Council, the Commission, the Government and Parliament of Ukraine, the Secretary-General of the UN, the Secretary-General of the Organisation for Security and Cooperation in Europe and the Secretary-General of the Council of Europe.

European Parliament resolution of 23 October 2008 on the annual report on the European Ombudsman's activities in 2007 (2008/2158(INI))

P6_TA(2008)0524 A6-0358/2008

The European Parliament,

–   having regard to the annual report on the European Ombudsman's activities in 2007,

–   having regard to Article 195 of the EC Treaty,

–   having regard to Article 43 of the Charter of Fundamental Rights of the European Union,

–   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),

–   having regard to its resolution of 6 September 2001 amending Article 3 of the regulations and general conditions governing the performance of the Ombudsman's duties(2),

–   having regard to the framework agreement on cooperation concluded between the European Parliament and the Ombudsman on 15 March 2006, which entered into force on 1 April 2006,

–   having regard to the Commission's communication of 5 October 2005 entitled 'Empowerment to adopt and transmit communications to the European Ombudsman and authorise civil servants to appear before the European Ombudsman' (SEC (2005)1227),

–   having regard to the letter of July 2006 sent by the European Ombudsman to the President of the European Parliament with a view to initiating the procedure for the revision of the Ombudsman's Statute,

–   having regard to its draft decision of 22 April 2008 (3) and its resolution of 18 June 2008 on the adoption of a decision of the European Parliament amending its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties(4),

–   having regard to its previous resolutions on the European Ombudsman's activities,

–   having regard to Rule 195(2), second and third sentences, of its Rules of Procedure,

–   having regard to the report of the Committee on Petitions (A6-0358/2008),

A.   whereas the annual report on the European Ombudsman's activities in 2007 was formally submitted to the President of Parliament on 10 March 2008 and whereas the Ombudsman, Mr Nikiforos Diamandouros, presented the report to the Committee on Petitions in Strasbourg on 19 May 2008,

B.   whereas the Charter of Fundamental Rights of the European Union, originally proclaimed in December 2000, was signed on 12 December 2007, and reconfirmed by the Presidents of Parliament, of the Commission and of the Council, and whereas the commitment to a legally binding Charter, contained in the Treaty of Lisbon, which is in the process of ratification, reflects a growing awareness that citizens should be placed at the centre of a transparent, accessible and contactable Europe which is aware of the concerns of its citizens,

C.   whereas Article 41 of the Charter states: 'Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union',

D.   whereas Article 43 of the Charter states: '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 Ombudsman of the Union cases of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role',

E.   whereas it is essential that the European institutions and bodies make full use of the necessary resources in order to fulfil their obligation to ensure that citizens receive prompt and substantive responses to their enquiries, complaints and petitions,

F.   whereas, although seven years have passed since the adoption of Parliament's above-mentioned resolution of 6 September 2001 approving the Ombudsman's Code of Good Administrative Behaviour, the other main institutions have not yet complied with Parliament's urgent request that they bring their practice into line with the provisions of that code,

G.   whereas about 16% fewer complaints were received in 2007 than in 2006 but the number of admissible complaints increased in both absolute and relative terms from 449 (12% of the total) to 518 (16% of the total) in 2007,

H.   whereas the findings of the 348 completed inquiries, of which 341 were linked to complaints and 7 were own-initiative investigations, show that in 95 cases (corresponding to 25.7% of the complaints investigated) no maladministration could be ascertained,

I.   whereas the year 2007 saw a doubling of the number of cases of maladministration settled by the institution or body itself following a complaint to the Ombudsman (129 cases), which reflects a growing willingness on the part of the institutions and bodies to see complaints to the Ombudsman as an opportunity to put right mistakes that have occurred and to cooperate with the Ombudsman for the benefit of citizens,

J.   whereas 5 cases were closed in 2007 after an amicable resolution had been achieved, and at the end of 2007 31 proposals for amicable resolutions were still under consideration,

K.   whereas in 2007 the Ombudsman began to make wider use of more informal procedures to help resolve problems in a flexible way and will continue to develop this approach in the future, which demonstrates the Ombudsman's and the institutions' readiness to help citizens,

L.   whereas in 2007 the Ombudsman closed 55 inquiries with critical remarks and whereas a critical remark confirms to the complainant that his or her complaint is justified and indicates to the institution or body concerned what it has done wrong, so as to help it avoid maladministration in the future,

M.   whereas eight draft recommendations were made in 2007, seven draft recommendations from 2006 led to a decision in 2007 and one case led to a special report to the European Parliament,

N.   whereas neither the critical remarks contained in decisions closing irremediable cases of maladministration, nor recommendations or special reports by the Ombudsman, have binding effect, as his powers do not extend to directly remedying instances of maladministration but are intended to encourage self-regulation on the part of the European Union's institutions and bodies,

O.   whereas maladministration has been defined as a failure by the institution or other body concerned to comply with rules or principles which are binding upon it, including when these result from a commitment on the part of the institution or body itself which is not directly required by the Treaties or by secondary legislation,

P.   whereas the Ombudsman has set as a priority the need to promote good administration in the EU institutions and bodies and to encourage efforts in this respect which go beyond merely avoiding unlawful behaviour,

Q.   whereas the Ombudsman submitted one special report to the European Parliament in 2007 and whereas submitting a special report to Parliament represents a valuable means by which the Ombudsman can seek the political support of Parliament and its Committee on Petitions in order to bring satisfaction to citizens whose rights have been infringed, as well as promoting the improvement of standards of EU administration,

R.   whereas, since the entry into force of the Treaty of Nice, Parliament has enjoyed the same right as the Member States, the Council and the Commission to bring an action before the Court of Justice of the European Union on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the EC Treaty or of any rule of law relating to its application, or misuse of powers,

S.   whereas the critical comments regarding maladministration voiced by the Ombudsman in the 2007 report (critical remarks, draft recommendations and special report) may serve as a basis for avoiding a repetition of errors and malfunctions in future through the implementation of appropriate measures by the institutions and other bodies of the EU,

T.   whereas the cooperation established by the Ombudsman within the European Network of Ombudsmen has functioned for over ten years as a flexible system for exchanging information and best practice and as a means of directing complainants to the ombudsmen or other similar bodies most able to assist them,

U.   whereas the role of the Ombudsman in protecting EU citizens has evolved in the 12 years since the office was created, thanks to the Ombudsman's independence and Parliament's democratic scrutiny of the transparency of his activities,

V.   whereas the activities of the Ombudsman and of the Committee on Petitions must remain separate and, as a general rule aimed at avoiding conflicts as regards their respective prerogatives, should include reciprocal definitive referral of their respective files,

1.  Approves the annual report for 2007 presented by the European Ombudsman and the form in which it is presented, combining a summary of the year's activities and a thematic analysis of the Ombudsman's decisions and the problems raised at various stages of the procedure; considers, however, that further efforts should be made to improve the tables of statistics, in which the mix of figures and percentages can be confusing;

2.  Calls for all EU institutions and bodies to be given the necessary budgetary and human resources to ensure that citizens receive prompt and substantive responses to their enquiries, complaints and petitions;

3.  Considers that the Ombudsman has continued to exercise his powers in an active and balanced way, both with regard to examining and handling complaints and conducting and concluding enquiries and with regard to maintaining constructive relations with the European Union's institutions and bodies and encouraging citizens to avail themselves of their rights in relation to those institutions and bodies;

4.  Calls on the Ombudsman to continue to pursue his efforts and to promote his activities effectively, transparently and flexibly so that a genuine culture of service to citizens can be built in the EU institutions and bodies;

5.  Considers that the term 'maladministration' should be broadly interpreted so as to include not only administrative acts which infringe rules or principles laid down by the Treaties or by secondary legislation but also, for example, cases where the administrative authorities themselves have assumed certain obligations through, for instance, the adoption of a code of good administrative behaviour or where approved policies or declarations of a political nature have given rise to legitimate and reasonable expectations among citizens;

6.  Supports the Ombudsman's efforts to promote good administration through additional remarks and suggestions to institutions and bodies even when he has not found any instance of maladministration during his inquiries, but nevertheless considers that improvements are needed in light of the objective of developing a citizen-friendly and service-minded culture within the EU's administration;

7.  Regards the role of the Ombudsman in enhancing openness and accountability in the decision-making processes and administration of the European Union as an essential contribution towards a Union in which decisions are taken 'as openly as possible and as closely as possible to the citizen', as provided for in Article 1(2) of the Treaty on European Union, in collaboration with the ombudsman authorities within each Member State, so that the EU is in closer contact with the citizens of Europe;

8.  Repeats its call, expressed in previous resolutions, for all EU institutions and bodies to adopt a common approach with regard to the Code of Good Administrative Behaviour;

9.  Notes that the Code of Good Administrative Behaviour proposed by the Ombudsman, as approved by Parliament in its above-mentioned resolution of 6 September 2001, covers the staff of all Community institutions and bodies and, unlike the other codes, has been regularly updated and published on the Ombudsman's website;

10.  Stresses the need to further enhance the public profile of the Ombudsman, whose aim is to provide citizens, companies, non-governmental organisations and other entities with information, and considers that high-quality information may help to reduce the number of complaints which do not fall within the Ombudsman's terms of reference; at the same time, calls on the Ombudsman to forward immediately to the competent authorities, by way of the most appropriate network at national and local level those complaints which do not fall within his terms of reference;

11.  Recognises the increase in the absolute number of admissible complaints but considers that the figure in respect of admissible complaints – 16% – remains unsatisfactory; in view of this, recommends that an enhanced information campaign be conducted amongst European citizens designed to raise their awareness of the functions and competence of the European Ombudsman;

12.  Welcomes the generally constructive cooperation between the Ombudsman and the EU institutions and bodies and endorses him in his role of external control mechanism and, in addition, as a valuable source of ongoing improvement to European administration;

13.  Calls on the Ombudsman to ensure that the Commission makes proper use of its discretionary powers to initiate infringement proceedings under Article 226 of the EC Treaty or to propose penalties under Article 228 of the EC Treaty, while taking scrupulous care to avoid delays or unjustifiable failure to take prompt action, which are incompatible with the Commission's powers to oversee the application of EU law;

14.  Considers that, if an institution refuses to follow a recommendation contained in a special report by the Ombudsman despite Parliament having approved that recommendation, Parliament could legitimately use its powers to bring an action before the Court of Justice in respect of the act or omission which was the subject of the Ombudsman's recommendation;

15.  Notes that the Ombudsman has presented a special report criticising the Commission for not dealing with a complaint concerning the European Working Time Directive, on which Parliament adopted a resolution on 3 September 2008(5);

16.  Considers that, when the Ombudsman and the Committee on Petitions, acting within their respective mandates and competences, investigate overlapping issues, such as, respectively, the manner in which the Commission has conducted infringement proceedings and the alleged infringement itself, they can achieve useful synergy through close cooperation;

17.  Welcomes the relationship between the Ombudsman and the Committee on Petitions within the institutional frameworks as regards the reciprocal respecting of competences and prerogatives;

18.  Recognises the useful contribution made by the European Network of Ombudsmen, in line with the subsidiarity principle, in securing extra-judicial remedies; welcomes the collaboration between the European Ombudsman and ombudsmen and similar bodies at national, regional and local levels in the Member States and urges further strengthening of the exchange of best practice, thereby allowing for the harmonisation of best practices between Member States;

19.  Welcomes the adoption of the Statement of the European Network of Ombudsmen in October 2007 as an important contribution towards making the EU dimension of the work of ombudsmen better known and towards clarifying the service they provide to people who complain about matters within the scope of EU law;

20.  Welcomes the European Ombudsman's initiatives to advertise widely both his own work and the work carried out by national ombudsmen, and recommends that the Ombudsman further pursue his efforts to raise citizens' awareness;

21.  Encourages the Ombudsman to continue to place great emphasis himself on events involving citizens and, hence, potential complainants, since it is clear that the demarcation of responsibilities and decision-making processes between the European, national and regional levels is still too hard to grasp for many citizens and businesses;

22.  Welcomes the enhanced information campaign promoted by the communications strategy adopted by the Ombudsman, which leads to greater awareness of citizens' rights and Community competences, as well as a greater understanding of the Ombudsman's sphere of competence; urges him, however, in the light of the still substantial number of complaints falling outside his terms of reference, to intensify his efforts to provide more comprehensive information about those terms of reference on a more regular basis;

23.  Given that each institution has its own web site enabling complaints, petitions, etc. to be lodged, and given that this frustrates citizens in distinguishing between the various institutions, welcomes the development of an interactive manual designed to assist citizens in identifying the most suitable forum for resolving their problems;

24.  In order to reduce the number of inadmissible complaints filed with the European Ombudsman, suggests that this idea be developed further and that a common web site of the European institutions be put in place to help citizens and refer them directly to the institution competent to handle their complaint;

25.  Proposes that the Ombudsman take measures to reduce the number of complaints in such cases where no action is possible;

26.  Calls on the European Ombudsman to commit himself to directly forwarding, after obtaining the consent of the petitioner concerned, each complaint that falls within the competence of a national or regional ombudsman;

27.  Proposes, with a view to the provision of a better and more efficient service to citizens, that the Ombudsman continue to bring to their knowledge the internal procedures and deadlines for handling complaints, as well as the criteria used to make decisions at the different stages of the examination of a complaint;

28.  Instructs its President to forward this resolution to the Council, the Commission and the European Ombudsman, and to the governments and parliaments of the Member States and their ombudsmen or similar competent bodies.

(1) OJ L 113, 4.5.1994, p. 15. (2) OJ C 72 E, 21.3.2002, p. 336. (3) Texts adopted, P6_TA(2008)0129. (4) Texts adopted, P6_TA(2008)0301. (5) Texts adopted, P6_TA(2008)0398.

European Parliament resolution of 23 October 2008 on political disqualifications in Venezuela

P6_TA(2008)0525 RC-B6-0549/2008

The European Parliament,

–   having regard to its previous resolutions on Venezuela, in particular that of 24 May 2007 on the Radio Caracas TV channel case in Venezuela(1),

–   having regard to the Human Rights Watch report of September 2008 entitled "A Decade Under Chávez: Political Intolerance and Lost Opportunities for Advancing Human Rights in Venezuela",

–   having regard to Rule 115(5) of its Rules of Procedure,

A.   whereas the Venezuelan authorities are using various lists of citizens ('Tascón list', 'Maisanta list', 'Russián list') to remove public officials from office and to deprive citizens of their right to hold public office and of access to administrative services and procedures,

B.   whereas the political use of these lists is restricting the civil and political rights of opponents of the current Venezuelan Government, in particular the right to stand for election and the right of voters freely to elect their local, regional and national authorities,

C.   whereas the Venezuelan Comptroller-General has issued an administrative order disqualifying a large number of opposition figures from standing in the regional and local elections to be held in November 2008,

D.   whereas the Venezuelan authorities have arbitrarily expelled from the country the Director for the Americas of the NGO Human Rights Watch, José Miguel Vivanco, and the organisation's Deputy Director for the Americas, Daniel Wilkinson, for having presented a critical report on the civil liberties and human rights situation during President Hugo Chávez's 10 years in office,

E.   whereas these are only the last in a long series of measures taken by the government with a view to intimidating opposition members, dissidents and international observers in the country,

F.   whereas on 1 October 2008, Julio Soto, the student leader of the COPEI party and President of the Students Union at Zulia State University, was riddled with bullets in his car in the city of Maracaibo – a crime that was committed under strange circumstances and that has yet to be cleared up,

1.  Expresses concern about the list of electoral disqualifications issued by the Venezuelan Comptroller-General;

2.  Urges the Venezuelan Government to examine the above administratively imposed political disqualifications with reference to the provisions of Articles 42 and 65 of the Venezuelan Constitution, under which such measures may be taken on a definitive basis by judicial authorities alone, as is customary in all democratic states;

3.  Urges the Venezuelan Government also to comply with the international agreements signed and ratified by Venezuela, including the American Convention on Human Rights, with specific reference to the provisions on political rights set out in Articles 23(1)(b) and (2) thereof, and Articles 2 and 25 of the International Covenant on Civil and Political Rights;

4.  Expresses firm opposition to the harassment and arbitrary expulsion of human rights activists; considers that expulsion sets an extremely serious precedent as regards respect for freedom of expression and the right to criticise, that are fundamental to any democratic society;

5.  Vigorously condemns the murder of the student leader, Julio Soto; conveys its condolences to the victim's family and friends and calls on the Venezuelan authorities to make every possible effort to clear up this crime as soon as possible, so that the perpetrators and those responsible are brought to justice and the crime does not go unpunished;

6.  Calls on the Chávez government to put an end to all such practices and to foster a more participative democracy in Venezuela, in full compliance with the principles laid down in the 1999 Constitution;

7.  Instructs its President to forward this resolution to the Council and Commission, and to the Secretary-General of the Organisation of American States, the Euro-Latin American Parliamentary Assembly, the Mercosur Parliament and the government and parliament of the Bolivarian Republic of Venezuela.

(1) OJ C 102 E, 24.4.2008, p. 484.

European Parliament resolution of 23 October 2008 on the Democratic Republic of Congo: clashes in the eastern border areas of the DRC

P6_TA(2008)0526 RC-B6-0556/2008

The European Parliament,

–   having regard to its resolution of 21 February 2008 on North Kivu(1),

–   having regard to its resolution of 17 January 2008 on the situation in the Democratic Republic of Congo and rape as a war crime(2), and to its previous resolutions on human rights abuses in the Democratic Republic of Congo (DRC),

–   having regard to the resolution of the ACP-EU Joint Parliamentary Assembly of 22 November 2007 on the situation in the Democratic Republic of Congo, in particular in the east, and its impact on the region(3),

–   having regard to its resolution of 15 November 2007 on the EU response to situations of fragility in developing countries(4),

–   having regard to the Commission communication of 25 October 2007 entitled 'Towards an EU response to situations of fragility – engaging in difficult environments for sustainable development, stability and peace' (COM(2007)0643) and the Commission staff working document annexed thereto (SEC(2007)1417),

–   having regard to Resolution 60/1 of the United Nations General Assembly of 24 October 2005 on the 2005 World Summit Outcome, and in particular paragraphs 138 to 140 on the responsibility to protect populations,

–   having regard to the Council declaration of 10 October 2008 on the situation in the eastern part of the DRC,

–   having regard to Rule 115(5) of its Rules of Procedure,

A.   whereas the fighting between the Congolese Army, the rebel troops of ousted General Laurent Nkunda, the fighters of the Democratic Forces for the Liberation of Rwanda (FDLR) and troops of Uganda's Lord's Resistance Army (LRA) has been causing the civilian populations of the eastern provinces of the DRC tremendous hardship for many months,

B.   whereas the conflict affecting the DRC has claimed the lives of 5 400 000 people since 1998 and is still causing, either directly or indirectly, approximately 1500 deaths each day,

C.   whereas when heavy fighting has taken place around the border village of Rumangabo near Goma, and a strategically important military camp was overrun by Nkunda's rebels, allowing them to seize weapons and supplies,

D.   whereas, according to UNHCR reports, the renewed fighting in North Kivu has led to a high number of casualties and more than 100 000 persons being displaced, and whereas there are also reports of hundreds of dead bodies being thrown into the river and 50 000 persons being displaced after heavy fighting involving the LRA in the province of Ituri,

E.   whereas since the Goma peace agreement signed on 23 January 2008 there have been massacres, rapes of young girls, mothers and grandmothers, forced recruitments of civilians and child soldiers and a host of other acts of violence and serious human rights abuses in the eastern parts of the DRC, both by Laurent Nkunda's rebel troops and by FDLR combatants and the Congolese Army itself,

F.   whereas the UN Mission in the DRC (MONUC) has a mandate under Chapter VII of the United Nations Charter to use all necessary means to deter any attempted use of force by any foreign or Congolese armed group, particularly ex-FAR (ex-Rwandan armed forces) and Interahamwe fighters, that would threaten the political process, and to ensure the protection of civilians under imminent threat of physical violence,

G.   having regard to the undertakings concerning gradual demobilisation and the ceasefire commitment given at the Goma Conference for Peace, Security and Development, including a ceasefire among all warring parties, the disarmament of all non-governmental forces, the return and resettlement of all displaced peoples in the eastern parts of DRC and the establishment of a temporary mechanism for ceasefire monitoring,

H.   whereas the Congolese Army does not have the human, technical and financial resources necessary to carry out its tasks in the eastern provinces of the DRC, a state of affairs which is undermining its role in protecting the population and in re-establishing peace,

I.   whereas it is vital to find a political solution to the conflict in the eastern provinces of the DRC, so as to consolidate peace and democracy and promote stability and development in the region for the well-being of all the peoples of the Great Lakes region,

J.   whereas the civil war in the region, which has been underway for four years, has been marked by the systematic pillaging of the country's wealth by the allies and enemies of the Congolese Government,

K.   whereas several humanitarian organisations have been forced to suspend their activities following the hostilities at the end of 2007, whilst health centres remain without supplies or have been abandoned by their medical staff,

L.   whereas, in order to achieve a significant improvement in health and a reduction in the mortality rate in the DRC as a whole and in its eastern provinces in particular, years of sustained commitment and a substantial financial investment will be required both from the Congolese Government and the international community,

M.   whereas humanitarian aid workers have reported that the local and displaced populations in the eastern provinces of the DRC are growing progressively weaker and that the continuing warfare is preventing aid workers from gaining access to certain areas which are in need of urgent food and medical aid,

N.   whereas malnutrition is a further aspect of the extreme vulnerability of the populations now living in the eastern provinces of the DRC, and whereas the data from Médecins sans Frontières" (MSF) medical aid programmes offer an alarming indication of the scale of malnutrition in the eastern provinces of the DRC,

O.   whereas the EU firmly condemns the recent statements by Laurent Nkunda calling for the elected and legitimate government of the DRC to be overthrown,

1.  Is extremely concerned about the renewed fighting between the Congolese Army and resurgent militias in North Kivu and the previously pacified region of Ituri;

2.  Expresses its deep outrage at the massacres, crimes against humanity and acts of sexual violence against women and girls which have continued for too many years in the eastern provinces of the DRC and calls on all relevant national and international authorities systematically to bring the perpetrators to justice, whoever they may be, and calls on the UN Security Council, as a matter of urgency, to take all measures capable of genuinely preventing any further attacks on the civilian population of the eastern provinces of the DRC;

3.  Calls on the Congrès National pour la Défense du Peuple (CNDP - National Congress for the People's Defence) to return immediately and unconditionally to the peace process to which it committed itself in Goma in January 2008;

4.  Urges all actors to restore the rule of law and fight impunity, specifically in connection with the mass rapes of women and girls and the recruitment of child soldiers;

5.  Calls on the Government of the DRC to develop a plan with Rwanda and MONUC to isolate and capture the leaders of the genocide among the FDLR and offer resettlement in the DRC or reintegration in Rwanda to those who were not involved in the genocide and are willing to demobilise;

6.  Calls on the international community and the UN Security Council to strengthen MONUC by providing appropriate materials and staff to enable it to fulfil its mandate, as was requested by the head of MONUC, Alan Doss, in New York after briefing the UN Security Council;

7.  Welcomes the fact that the President of the DRC and his ministers have publicly expressed their support for MONUC in respect of its contribution to national security;

8.  Calls on MONUC to investigate accusations that the Congolese Army is colluding with the FDLR over control of North Kivu's lucrative mineral trade and to put an end to this practice;

9.  Reaffirms its support for the Congolese authorities in their efforts to find a political solution to the crisis and calls on all parties to respect the ceasefire;

10.  Notes with concern that elements from the LRA have recently launched attacks on 16 localities in the DRC's eastern territories of Dungu, Province Oriental and Ituri, where UNHCR reports of about 80 missing children are confirming fears of new forced recruitment campaigns involving child soldiers;

11.  Stresses that the grouping of people along ethnic lines during the displacement process is potentially dangerous in the current circumstances;

12.  Calls for zero tolerance of the sexual violence against girls and women which is used as a weapon of war and for severe criminal penalties to be imposed on the perpetrators of these crimes; draws attention to the importance of access to health services in conflict situations and refugee camps;

13.  Calls on all the parties to stand by their commitments to protect the civilian population and respect human rights, as outlined in the Goma peace agreement and the Nairobi Communiqué, and to implement them swiftly;

14.  Calls on the governments of the DRC and Rwanda to stop the recent verbal hostilities, return to a constructive dialogue and put an end to the conflict;

15.  Encourages all the governments of the Great Lakes region to initiate a dialogue with the aim of coordinating their efforts to lower tensions and stop the violence in the eastern parts of the DRC before this conflict spreads to the region as a whole;

16.  Calls on the Council and Commission to implement with immediate effect large-scale medical assistance and reintegration programmes for the civilian populations in the eastern parts of the DRC, with particular focus on assistance for women and girls affected by crimes of sexual violence, in order to meet immediate needs and in anticipation of the reconstruction which will be required; notes the key role played by women in rebuilding shattered communities;

17.  Calls on the Prosecutor of the International Criminal Court to investigate atrocity crimes committed in the Kivus and Ituri since June 2003 and prosecute those most clearly responsible, ensuring that this includes the principal militia chiefs who have not been arrested and those responsible for massacres and sexual violence;

18.  Calls for the effective establishment of monitoring mechanisms, such as the Kimberley Process for the certification of the origin of natural resources imported into the EU market;

19.  Calls on the Council and every Member State to provide special aid to the populations of the eastern parts of DRC;

20.  Instructs its President to forward this resolution to the Council, the Commission, the High Representative for the CFSP, the governments and parliaments of the Member States, the institutions of the African Union, the Secretary-General of the United Nations, the United Nations Security Council, the United Nations Human Rights Council and the governments and parliaments of the Great Lakes region.

(1) Texts adopted, P6_TA(2008)0072. (2) Texts adopted, P6_TA(2008)0022. (3) OJ C 58, 1.3.2008, p. 40. (4) Texts adopted, P6_TA(2007)0540.

European Parliament resolution of 23 October 2008 on Burma

P6_TA(2008)0527 RC-B6-0554/2008

The European Parliament,

–   having regard to its resolutions of 19 June 2008(1), 24 April 2008(2), 27 September 2007(3), 21 June 2007(4) and 14 December 2006(5) on Burma,

–   having regard to the Council's Conclusions on Burma/Myanmar of 29 April 2008, adopted at the General Affairs and External relations Council in Luxembourg, and the Council Common Position 2006/318/CFSP of 27 April 2006 renewing restrictive measures against Burma/Myanmar(6),

–   having regard to the report of 3 September 2008 (A/63/341) by the United Nation's (UN) Special Rapporteur on the situation of human rights in Myanmar, Tomás Ojea Quintana, ,

–   having regard to Rule 115(5) of its Rules of Procedure,

A.   whereas 24 October 2008 marks the 13th anniversary of the unjust incarceration as a political prisoner of Aung San Suu Kyi, General Secretary of the National League for Democracy (NLD); whereas an additional 2 120 individuals continue to face imprisonment in atrocious conditions merely for expressing the wish to bring democracy to Burma; and whereas on 3 October 2008 Navanethem Pillay, newly appointed UN High Commissioner for Human Rights, formally appealed to the Burmese military authorities to release all political prisoners,

B.   whereas, on the anniversary of Aung San Suu Kyi's captivity, leaders of Asian and European countries will convene the Seventh Asia-Europe Meeting (ASEM) in China on 24 and 25 October 2008,

C.   whereas the Burmese military junta is purposely refusing to take any preventive or protective measures to safeguard against the severe famine threatening Chin state in the West of the country,

D.   whereas in September 2008 the Burmese authorities staged a five-day crackdown on widespread protests that had begun six weeks earlier,

E.   whereas the human rights situation has continued to deteriorate, political repression has escalated and the military junta has failed to deliver on promises made to the international community in the aftermath of the Saffron revolution of September 2007,

F.   whereas in 2003 the United States forbade the import of all Burmese clothing, which is manufactured in conditions of virtual slavery, and whereas the Council of the European Union has hitherto failed to reach consensus among Member States on taking equivalent measures,

G.   whereas the Secretary-General of the United Nations has announced that he may cancel a visit to Burma planned for December 2008 should there be no discernible improvement in the national situation in the months ahead,

H.   whereas the UN revealed in August 2008 that the Burmese military authorities were fraudulently seizing a percentage of humanitarian aid remitted to Burma through falsely weighted currency exchange rates,

I.   whereas the Burmese military authorities have paralysed internet access to the free media, impeded the circulation of independent information sources and imprisoned so-called cyber-dissidents for attempting freely to express their political opinions,

1.  Condemns the continued detention of Aung San Suu Kyi, who has been under intermittent house arrest since her victory at the last democratic elections in 1990, and insists upon her immediate release;

2.  Deplores the fact that the number of political prisoners has increased from 1 300 to 2 000 in the aftermath of the Saffron Revolution, and that, despite the release of veteran journalist and NLD secretary U Win Tin and six other leaders in September 2008, 23 NLD members were subsequently arrested;

3.  Denounces the arbitrary charges behind the arrests of many dissidents and the harsh conditions of detention of political prisoners including widespread use of torture and hard labour; expresses deep concern about the systematic denial of medical treatment to political prisoners, and calls for the International Committee of the Red Cross to be allowed to resume visits;

4.  Urges the ASEM states at their Summit to jointly appeal to the Burmese military authorities to release all political prisoners;

5.  Strongly condemns the ethnic cleansing directed against the Karen minority, including those seeking refuge in neighbouring Thailand; calls in this respect on the international community to exert stronger pressure on the junta to stop military actions against civilians and to increase humanitarian assistance to affected populations, including by cross-border mechanisms, where necessary;

6.  Calls on the Commission to insist on the lifting of all restrictions on aid delivery imposed by the Burmese military authorities on areas afflicted by Cyclone Nargis, and to present a full report on the efficacy of its assistance and the extent of assistance still required;

7.  Calls on the Burmese authorities urgently to attend to their humanitarian responsibilities, in particular with respect to the impending famine in Chin state;

8.  Notes that 37 visits by UN envoys in the past 20 years have not secured a single reform by the Burmese State Peace and Development Council (SPDC), and draws attention to the UN Security Council Presidential Statement of 11 October 2007 on the situation in Myanmar (S/PRST/2007/37), which has also been ignored by the SPDC; calls for timelines and benchmarks to be set for reform, and for the UN Security Council to resolve to take further action on Burma if the timelines and benchmarks are not met;

9.  Calls on the Burmese Government to progressively implement the four core human rights elements requested by the UN Special Rapporteur, namely: freedom of expression, assembly and association; release of prisoners of conscience; transition to a multiparty democratic and civil government; and an independent and impartial judiciary;

10.  Calls on the Secretary-General of the United Nations to press ahead with a second visit to Burma in December 2008, irrespective of prevailing conditions, in order to make an urgent personal appeal for the release of all political prisoners and the full inclusion of the NLD in preparations for the 2010 elections, and to emphasise that UN demands must be met;

11.  Calls on the European Council to use its meeting on 11-12 December 2008 to review Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar(7), to broaden targeted sanctions to include access to international banking services for companies, conglomerates and businesses owned by or closely linked to the Burmese military, to halt all imports of Burmese manufactured clothing, and to terminate access by selected generals and their families to business opportunities, health care, consumer purchases, and foreign education;

12.  Calls on the Commission to explain what action it intends to take with respect to the UN admission that a percentage of all humanitarian aid remitted to Burma is falling victim to state-sponsored exchange rate abuse;

13.  Expresses grave concern that the 'Investigation Body' established by the Burmese military authorities to investigate the deaths, arrests and disappearances linked to the peaceful demonstrations of September 2007 has produced no response, and calls on the Burmese authorities to facilitate the operation of a UN-sanctioned investigative commission;

14.  Urges the Governments of China, India and Russia to use their considerable economic and political leverage with the Burmese authorities in order to bring about substantial improvements in the country and to cease the supply of weaponry and other strategic resources;

15.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the EU Special Envoy for Burma, the SPDC, the Governments of the Association of South East Asian Nations' (ASEAN) and ASEM member states, the ASEM secretariat, ASEAN's Inter-Parliamentary Myanmar Caucus, Aung San Suu Kyi, the NLD, the UN Secretary-General, the UN High Commissioner for Human Rights and the UN Special Rapporteur on the situation of human rights in Myanmar.

(1) Texts adopted, P6_TA(2008)0312. (2) Texts adopted, P6_TA(2008)0178. (3) OJ C 219 E, 28.8.2008, p. 311. (4) OJ C 146 E, 12.6.2008, p. 383. (5) OJ C 317 E, 23.12.2006, p. 902. (6) OJ L 116, 29.4.2006, p. 77. (7) OJ L 66, 10.3.2008, p. 1.