European Parliament resolution of 12 March 2009 on better careers and more mobility: a European partnership for researchers (2008/2213(INI))

P6_TA(2009)0125 A6-0067/2009

The European Parliament,

–   having regard to the Commission Communication of 23 May 2008 entitled Better careers and more mobility: a European partnership for researchers (COM (2008)0317) and the accompanying Commission staff working documents, namely the impact assessment (SEC(2008)1911) and the executive summary thereof (SEC(2008)1912),

–   having regard to Council Decision 2006/973/EC of 19 December 2006 concerning the specific programme 'People' implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013)(1),

–   having regard to the opinion of the European Economic and Social Committee of 3 December 2008(2),

–   having regard to the Commission Communications of 20 June 2001 entitled A mobility strategy for the European Research Area (COM(2001)0331), and of 18 July 2003 entitled Researchers in the European Research Area: one profession, multiple careers (COM(2003)0436), and the Commission Recommendation 2005/251/EC of 11 March 2005 on the European Charter for Researchers and on a Code of Conduct for the Recruitment of Researchers(3),

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

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Employment and Social Affairs and the Committee on Culture and Education (A6-0067/2009),

A.   whereas Europe needs more researchers with, inter alia, capacity to develop frontier research, as they are indispensable for its increased productivity and competitiveness, and contribute to the achievement of the Lisbon strategy goals,

B.   whereas in order to help make up the shortfall in researchers there is a need to encourage the return of European scientists working outside the European Union and to facilitate the entry of scientists from third countries who want to work in the European Union,

C.   whereas facilitating attractive careers for researchers within the European Union is of the utmost importance in order to ensure the availability of highly skilled human resources and to attract such resources from third countries,

D.   whereas there is a need for the European Union to combat negative economic trends by focusing on education and research and to do everything possible to ensure employment, security and mobility for researchers, so that they stay in the European Union,

E.   whereas researcher mobility is one of the main factors in ensuring full implementation of the European Research Area (ERA),

F.   whereas, in order for Europe to be able to ensure satisfactory development of the research sector, free movement of researchers must be guaranteed; whereas harmonised cooperation in this regard between Member States, as well as among the public and private sectors, is therefore crucial,

G.   whereas the availability of information about employment opportunities for researchers is in many cases limited as many competitions take place internally within research institutes,

H.   whereas the research workforce in Europe is ageing and initiatives for making research careers available and attractive to young people, especially women, are therefore urgently needed,

I.   whereas the system of scientific promotion in many research institutes is still rigid and based on seniority rather than on the achievements of the researchers,

J.   whereas complicated application procedures and a lack of administrative skills, in connection with matters such as filling in forms in a foreign language and registering patents, discourage researchers from participating in mobility projects,

K.   whereas the importance of sharing knowledge with industry, the business community and society is not yet recognised by many universities, which leads to a lack of connections with the business world and weakens competitiveness in the European Union,

L.   whereas language skills play an important role in researcher mobility, encouraging mobility towards countries with more widely spoken languages, and thus leaving other countries fewer opportunities to benefit from the work of mobile researchers,

M.   whereas mobility is an essential part of doctoral education since it allows for wider research experiences and career development opportunities,

N.   whereas mobility is important in enabling some Member States to overcome their difficulties in training their own young researchers in areas without a critical mass of doctoral students or adequate research infrastructure,

O.   whereas cooperation among research institutes, businesses and industry should be improved in order to ensure exchanges of knowledge, improved innovation and more efficient use of funding,

P.   whereas participation in EU research programmes is an excellent way to promote researchers' careers, because it allows competition at international level, access to multinational research networks and increased funding for the improvement of their own research facilities,

Q.   whereas women are still under-represented in most scientific and engineering spheres and in managerial positions,

Open recruitment and portability of grants

1.  Welcomes and supports the Commission's initiative for a European Partnership for Researchers and considers that the measures proposed should be effective in removing the main obstacles to the creation of an ERA;

2.  Emphasises that in order to have a world class European research system through an inclusive partnership between the Commission and the Member States, all partners at regional, national and European levels need to contribute fully;

3.  Emphasises the need to make a commitment to the proposed initiative by adopting concrete proposals, and to ensure the rapid continuation of the objectives of the above-mentioned specific programme 'People';

4.  Calls for improved availability and transparency of information on recruitment opportunities for researchers and more openness in recruitment procedures by public institutions; considers that recruitment information should be published on the website of the respective research institutes and on the EURAXESS website;

5.  Points to the need in the future to define and establish a single EU career model in the field of research and to introduce an integrated system for information on offers of employment and trainee contracts in the field of research in the European Union, considering this to be key to the creation of a single employment market for researchers;

6.  Stresses furthermore, and in the context of the need for a contribution by all partners, the importance on the one hand of the determination of Member States to participate in the process, and on the other of the responsibility of the Commission to assist the process and action between all partners, by producing and disseminating support material, accurate information and enabling the exchange of best practices;

7.  Urges the Commission and the Member States to develop standards for mutual recognition of research qualifications and, in particular, non-formal qualifications;

8.  Reiterates the importance of the Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning(4) (EQF), and calls on the Commission to encourage and assist Member States in drawing up their own National Qualifications Frameworks in order to relate to the EQF by 2010;

9.  Urges the Member States to renew their efforts to implement the principles set out in the above-mentioned European Charter for Researchers and Code of Conduct for the Recruitment of Researchers;

10.  Encourages the Member States and public research institutions to provide the necessary support services for researchers by simplifying application procedures and facilitating researchers' access to funding, inter alia by means of individual grants which promote freedom of researchers to pursue research topics of their choice; calls, in this respect, for the Member States and the Commission to guarantee uniform researchers' mobility application forms;

11.  Calls on the Council, the Commission and the Member States to take account of the mobility and partnership programmes with third countries, such as Erasmus Mundus, in the context of the career interaction and mobility requirements of all participating researchers;

12.  Encourages the Member States and the Commission to review the necessary conditions for introducing portability of individual research grants when this enables funding bodies to better meet their research needs and researchers to access research facilities not available in their home institutions; considers that the review should, in particular, address the consequences of portability for research institutions in Member States and the threat of the unequal allocation of researchers within the European Union , and from and to third countries;

13.  Considers that increasing the mobility of researchers and strengthening the resources of those institutions which attract researchers from other Member States will encourage centres of excellence and will also spread that excellence around the European Union.

14.  Highlights the importance of making the processes for the selection and promotion of male and female researchers completely open and transparent; calls on the Member States to ensure a better balance between men and women within the bodies responsible for hiring and promoting researchers;

15.  Considers that the mobility of researchers in Europe should be given priority in order to ensure that knowledge is diffused and that innovative frontier research in various disciplines attracts dedicated and competent researchers and increased financial resources;

16.  Calls for exchanges to be facilitated with scientists and researchers from third countries, and through the introduction of arrangements such as special visas for researchers;

17.  Considers that increased mobility should be achieved by strengthening the interests and benefits for research institutions and universities to host researchers from other Member States by means of a "research voucher" scheme; considers that these research vouchers should transfer money for researchers and follow those participating in research institutions in Member States other than their own; considers further that this added support for mobility of researchers should be additional to current funding schemes and that the research voucher will be an incentive for Member States and for research establishments to compete in attracting the most talented scientists;

Meeting the social security and supplementary pension needs of mobile researchers

18.  Urges the Commission and the Member States to explore the possibility of creating a European Pension Fund for researchers, regardless of the duration of the research contract;

19.  Recalls that only by including the views of researchers, national research institutions and stakeholders in research policy can a Member State draw up a comprehensive National Action Plan leading to a comprehensive European partnership;

Attractive employment and working conditions

20.  Calls for Member States and public research institutions to provide the necessary support services for researchers from other countries, including access to lodging, schools and childcare facilities; considers that these services should be advertised in all researchers' recruitment websites;

21.  Calls for more flexibility in working conditions both for female and male researchers in order to allow them to combine work with family life, and calls for elimination of the gender pay gap for researchers;

22.  Calls on Member States to take measures to facilitate the reunification of families when both spouses are researchers;

23.  Urges the Member States, in order to avoid a "brain drain" within the EU, to better exploit the opportunities offered by the funding schemes of the above-mentioned specific programme 'People'; calls on the Member States to make returning to their home institutions more attractive for researchers by increasing their salaries or offering additional benefits to ensure that economic conditions are comparable to those enjoyed during the mobility period;

24.  Calls on the Member States and public research institutions to improve researchers' careers by promoting reforms to make the researchers' labour market more competitive and less constrained by institutional affiliations; considers that, upon appointment, researchers should be able to obtain recognition of their period of research at the foreign educational establishment;

25.  Expresses its concern at the lack of flexible contracts for experienced researchers and researchers at the end of their careers, a circumstance which obstructs their mobility and inhibits the proper exchange of knowledge and experience; regrets that the private sector sometimes lacks arrangements similar to those in the public sector for the treatment and management of personnel;

26.  Calls for the Member States to facilitate participation in the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013)(5) by ensuring efficient support services, in particular national contact points, in order to make better use of co-financing opportunities;

27.  Calls for the Member States and public research institutions to provide incentives for mobility such as mobility being regarded as a strong recommendation upon appointment and career advancements for researchers after their return from stays in other Member States;

28.  Considers that the Member States must continue to increase the budgetary resources allocated to research, as a means of creating quality jobs that comply with basic ethical principles and the Charter of Fundamental Rights of the European Union;

Enhancing the training skills and experience of European researchers

29.  Encourages the Member States to recognise the experience of researchers in the industrial sector as a valuable asset for their career advancement in order to improve mobility between the private and public sectors;

30.  Calls on the Member States to invest in applied research, in such a way as to ensure closer collaboration between universities, research establishments and the private sector;

31.  Urges the Member States to improve career opportunities for young researchers, for example in terms of increased funding and allowing career advancement on the basis of achievements rather than seniority, such as innovation capacity and internships in enterprises;

32.  Urges the Commission and the Member States to review the legal status of PhD students in Member States in order to explore the possibility of introducing uniform PhD student status under Member States' employment legislation;

33.  Urges Member States to promote the enhancement of the career prospects of young researchers by inter alia supporting interdisciplinary training as well as recognising the value of interdisciplinary mobility;

34.  Calls on Member States to facilitate innovation by promoting the interdisciplinary, multidisciplinary and international mobility of senior researchers, inter alia as a way of contributing to progress in the teaching of young researchers;

35.  Strongly recommends better training for researchers throughout their careers so as to improve their employability and chances of promotion;

36.  Stresses that the foundations for outstanding research in a knowledge-based society are laid at school; calls on Member States therefore to honour their budgetary promises in the field of education;

37.  Calls on the Council, the Commission and the Member States to raise the profile of scientific research in the general budget, in accordance with the undertaking given to achieve 3% growth and to train 600 000 more researchers, on average, by 2010;

38.  Stresses that particular attention should be paid to PhD students as in general this represents the starting point of research careers; considers that the mobility of young researchers, especially in networks of excellence, would increase their potential to contribute to the development of European research;

39.  Urges the Member States to support better links and mobility of researchers and managers between the academic community and industry by promoting dedicated schemes such as the 'Conventions Industrielles de Formation par la Recherche' (CIFRE) scheme in France;

40.  Takes the view that an intensification of exchanges within the framework of the relevant EU higher education programmes, with the focus on research, will prepare generations of future European researchers and make the research sector more dynamic;

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

(1) OJ L 400, 30.12.2006, p. 272. (2) OJ C 175, 28.7.2009, p. 81. (3) OJ L 75, 22.3.2005, p.67. (4) OJ C 111, 6.5.2008, p. 1. (5) OJ L 412, 30.12.2006, p. 1.

European Parliament resolution of 12 March 2009 on the protection of consumers, in particular minors, in respect of the use of video games (2008/2173(INI))

P6_TA(2009)0126 A6-0051/2009

The European Parliament,

–   having regard to the Communication from the Commission of 22 April 2008 on the protection of consumers, in particular minors, in respect of the use of video games (COM(2008)0207),

–   having regard to the Council Resolution of 1 March 2002 on the protection of consumers, in particular young people, through the labelling of certain video games and computer games according to age group(1),

–   having regard to Recommendation 2006/952/EC of the European Parliament and of the Council of 20 December 2006 on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry(2),

–   having regard to the Communication from the Commission of 20 December 2007 on a European approach to media literacy in the digital environment (COM(2007)0833),

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

–   having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Culture and Education and of the Committee on Civil Liberties, Justice and Home Affairs (A6-0051/2009),

A.   whereas video games are widely and increasingly popular in Europe and the market for video games is growing rapidly,

B.   whereas video games are predominantly non-violent and provide their users with entertainment which often contributes to the development of various skills and knowledge,

C.   whereas video games used to be mainly focussed on minors in the past, but more video games are nowadays especially developed for adults,

D.   whereas the market for video games is global,

E.   whereas it falls within the competence of the Member States to decide on measures to restrict the sale of video games or to ban them,

F.   whereas the protection of children's mental health requires zero tolerance and resolute action against violations of child protection provisions connected with videogames,

1.  Welcomes the above-mentioned Commission Communication on the protection of consumers, in particular minors, in respect of the use of video games;

2.  Underlines the contribution of the gaming sector to the achievement of the objectives of the Lisbon agenda, and stresses the multi-cultural facets of many games;

3.  Emphasises that video games are a great stimulant which in addition to entertainment can also be used for educational purposes; takes the view that schools should pay attention to video games and informing children and parents about benefits and disadvantages that video games can have;

4.  Stresses that video games are one of the favourite recreational activities of citizens of all ages and social origins; acknowledges the educational value of video games, including in helping to familiarise minors with new technologies; shares, however, the concern expressed by the Commission concerning the potential dangers of incorrect use of video games by minors;

5.  Takes the view that video games can stimulate learning of facts and skills such as strategic thinking, creativity, cooperation and innovative thinking, which are important skills in the information society;

6.  Underlines the benefits of videogames in medicine and, in particular, that so-called "videogame therapy" has proven to be effective for the rehabilitation of stroke patients, people with traumatic brain injuries, people with muscular problems and autistic children;

7.  Takes the view that harmonised labelling rules for video games ensure improved knowledge of the labelling systems and at the same time promote the effective functioning of the internal market; therefore welcomes the work of the Council and the Commission to promote the adoption of EU-wide labelling rules for video games and create a voluntary code of conduct on interactive games targeted at children;

8.  Notes that market conditions have changed significantly from a situation where video games were predominantly bought in shops and played on a computer or console to the present situation where games can be bought and downloaded from the internet;

9.  Notes that video games can be played on different platforms such as game consoles and personal computers, but also increasingly on mobile devices such as a mobile phone;

10.  Recalls that video games are becoming more interactive or even have a dynamic content that allows users to develop parts of the game themselves; notes that users can increasingly take part in forum discussions, textual as well as voice chat, and in communities which are integrated into certain video games; recalls the differentiation in the market with more games designed especially for adults;

11.  Takes the view that recent trends accentuate the importance of ensuring adequate protection of minors, inter alia by preventing them from possibly gaining access to harmful content;

12.  Recalls that parental control is increasingly difficult as online video games are not distributed in a physical package with a clear and easily legible label and due to the fact that children can, without their parents' knowledge or consent, download video games that are not suitable for their age;

13.  Notes that, whilst violence in video games does not automatically lead to violent behaviour, some experts are however of the opinion that long-term exposure to scenes of brutality in video games may have a negative impact on people playing these games, potentially leading to violent behaviour; notes, therefore, that a precautionary approach should be taken when considering the impact of games on behaviour, and especially on that of young children;

14.  Emphasises that addiction is a problem for some gamers; calls on producers, retailers, parents and other stakeholders to take steps to avoid any negative effects;

15.  Underlines that current developments increase the need for effective working age verification systems for games and particularly for online games;

16.  Takes the view that different approaches to strengthening the control of video games should be explored, while at the same time acknowledging that none of these systems is likely to provide an absolute guarantee that children will not gain access to inappropriate video games;

17.  Calls on the Commission and Member States, in cooperation with the industry, to explore the merit of developing a 'red button' which can be included on (mobile) consoles or game devices and computers and which disables a certain game or which can control access to a game during certain hours or certain parts of the game;

18.  Calls for additional efforts in this respect, including the possibility of integrating an acoustic warning into the Pan-European Game Information (PEGI) age rating system, and counts on the professional game sector to systematically integrate access models for online games in order to ensure that minors are not exposed to harmful content online;

19.  Underlines the importance of adequate control measures for online purchases relating to video games, including purchases using credit cards or vouchers;

20.  Takes the view that developments relating to video games, and in particular online video games, call for more public awareness of the content of video games, parental control and instruments such as the PEGI system; welcomes the work done by the industry to implement self-regulation;

21.  Welcomes the PEGI Online system, which is a logical development of PEGI and which deals with video games made available over the internet, such as downloaded or online games; supports its continued co-financing by the Commission under the Safer Internet programme, the aim of which is to tackle issues relating to the safe use of the internet by children and to new online technologies; calls on the Commission, in connection with the Safer Internet programme, to promote a systematic study of the effects of video games on minors;

22.  Welcomes the work by the Council of Europe to establish guidelines for video games as well as to promote knowledge among children on internet safety in general;

23.  Considers that national information and awareness campaigns for consumers, particularly parents, should be organised in order to help them choose video games which are suitable for the age and knowledge requirements of their children and to avoid products which are not appropriately labelled; encourages the Member States to share best practices in this respect;

24.  Takes the view that the PEGI system for rating games is an important tool which has improved transparency for consumers, especially parents, when buying games by enabling them to make a considered choice as to whether a game is suitable for children; regrets, however, that many consumers and especially parents do not seem to have a sufficient knowledge of video games and the possible effects of them on children;

25.  Calls on the Commission to propose measures which contribute to a safer playing environment for online video games, including innovative methods of preventing minors from accessing online video games with content which is unsuitable for them;

26.  Calls on the Member States to continue to work closely together to promote the protection of minors; calls on the video game and console industries to further improve the PEGI and PEGI Online systems and, in particular, to update regularly the criteria for age rating and labelling, to advertise PEGI more actively and to increase the list of signatories; urges the Member States to ensure that any national rating system is not developed in a way that leads to market fragmentation;

27.  Calls on the Commission and the Member States to work with consumer organisations and other stakeholders to raise, by means of information campaigns, awareness among consumers, especially young consumers and their parents, of the classification systems in place and in particular the PEGI system; underlines the importance of providing this information in schools;

28.  Urges the Member States to conduct information campaigns for parents and schoolteachers aimed at bridging the technological generation gap and at promoting the PEGI and PEGI Online systems and promoting safer, more aware use of new technologies, including video games;

29.  Calls on the Commission to facilitate the exchange of best practice among competent national educational authorities in the short-term with a view to integrating gaming literacy within the educational objectives of primary and secondary schools; calls for a regular exchange of experience and information by all parties concerned with a view to developing best practices regarding video games;

30.  Underlines that currently not all Member States have rules ensuring that retailers restrict the sale of violent games to adults, and calls for internet cafe owners to prevent children playing games which are rated for a higher age level in their cafes; refers to the Eurobarometer survey "Towards a safer use of the Internet for children in the EU - a parents' perspective"(3), published on 9 December 2008, that found that 3,2% of children aged between 6 and 17 access the internet in internet cafes without adult supervision; takes the view that a common approach towards severe sanctions for retailers and internet cafe owners is required; therefore calls on the Member States to put in place adequate measures to prevent children buying and playing games which are rated for a higher age level, for example through identity checks; supports the Commission's proposal to introduce a pan-European code of conduct for retailers and producers of video games in order to prevent the sale of violent and harmful video games to minors;

31.  Calls on the Member States to frame specific civil and criminal legislation on the retailing of violent TV, video and computer games; considers that special attention should be paid to online games aimed primarily at children and young people whose purpose is to generate profit;

32.  Calls on the Commission to discourage, through specific legislative measures, the misuse of online games for dishonest commercial activities, such as those which dishonestly induce underage users to enter into legal commitments (e.g. through automated subscriptions or malicious dialler programmes which dial expensive toll lines) and which send anti-competitive promotional messages (e.g. product placement or other stealth marketing techniques);

33.  Calls on the Commission and the Member States to work with authorities in other parts of the world to encourage the adoption of international guidelines, labelling systems and codes of conduct to promote global classification systems for video games and online games;

34.  Holds the view that the industry should be encouraged to further develop and improve self-regulatory systems and that there is currently no need for EU-wide legislation in this field;

35.  Recalls the importance of the media promoting responsibility among parents and restricting the advertisement of adult videogames to times when TV is less watched by children;

36.  Takes the view that the public authorities responsible for banning videogames should inform their counterparts in other Member States and publish the ban on the PEGI system by sending an automatic alert message;

37.  Calls on the Commission to support, in the framework of the MEDIA programme and national tax exemption mechanisms, new developments in this fast-growing sector of the creative knowledge economy, in particular by promoting the educational, multimedia and cultural elements of videogames and by means of corresponding training opportunities and courses of study;

38.  Calls on the Commission to develop guidelines in order to prevent possible conflicts of interest within rating institutions and to safeguard the independence of such organisations from industry-related interest groups;

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

(1) OJ C 65, 14.3.2002, p. 2. (2) OJ L 378, 27.12.2006, p. 72. (3) 1 http://ec.europa.eu/public_opinion/flash/fl_248_en.pdf.

European Parliament resolution of 12 March 2009 on developing a Common Aviation Area with Israel (2008/2136(INI))

P6_TA(2009)0127 A6-0090/2009

The European Parliament,

–   having regard to the Commission communication of 9 November 2007 entitled "Developing a Common Aviation Area with Israel" (COM(2007)0691),

–   having regard to its resolution of 17 January 2006 on developing the agenda for the Community's external aviation policy(1),

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

–   having regard to the report of the Committee on Transport and Tourism (A6-0090/2009),

A.   whereas convergence of regulations is a precondition for the successful conclusion of comprehensive air agreements, especially in relation to regulations on safety, security, competition, State aid, the environment and the employment rights of workers,

B.   whereas, when negotiating a comprehensive air transport agreement with Israel, the Commission has to draw on the expertise and information of Member States and other interested parties and has to involve them before, during and after negotiations,

C.   whereas Israel is the most important aviation market in the Middle East with a strong growth potential, and whereas it has a strategic position as a bridge between Europe and the Middle East and towards regions which are further away,

1.  Welcomes the commencement of the negotiations with Israel on a comprehensive air transport agreement;

2.  Stresses the importance of the agreement in terms of creating the conditions for extending the Common Aviation Area;

3.  Emphasises that the agreement should not limit the level of market access already achieved in the existing bilateral agreements;

4.  Stresses that the agreement should be balanced in terms of market access; furthermore market opening needs to be phased, reciprocal and sustainable;

5.  Emphasises that the opening-up of markets must always follow regulatory convergence with regard to safety, security, environmental, State aid and competition law aspects, and also the employment rights of the workers, and that the degree of liberalisation has to be linked to the degree to which a level playing field is achieved in these areas;

6.  Recognises that for long and medium haul air routes, the aviation sector is the fastest way to connect countries, places and people and will continue to be the most attractive means of transport in terms of speed and cost in the future;

7.  Recognises the important contribution of the aviation sector in creating work, both directly and indirectly, particularly linking places of the world where no other competitive means of transport is now available; nonetheless encourages the use and development of intermodality and other means of transport;

8.  Recognises that the aviation sector has certain negative environmental effects, in particular as a source of noise and as a significant contributor to pollutant emissions; therefore considers it essential that the agreement allows for the possibility to take action within the European Union with respect to environmental issues in order to mitigate the impact of aviation on water, air quality and noise levels;

9.  Underlines that the agreement should provide for stringent air safety and security rules;

10.  Stresses that negotiations should be carried out in close cooperation with the Member States, given that they have the necessary expertise and experience to assist with such negotiations;

11.  Calls on the Commission to ensure that the Parliament and all relevant stakeholders are fully informed and consulted throughout the negotiations;

12.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the government and parliament of the State of Israel.

(1) OJ C 287 E, 24.11.2006, p. 84.

European Parliament legislative resolution of 12 March 2009 on the proposal for a Council regulation concerning a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean (COM(2009)0093 – C6-0081/2009 – 2009/0029(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0093),

−   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0081/2009),

−   having regard to Rules 51 and 134 of its Rules of Procedure,

1.  Approves the Commission proposal as amended;

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

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

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

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

Text proposed by the Commission   Amendment Amendment 1 Proposal for a regulation Recital 3 a (new) (3a)  The ICCAT recovery plan encourages Contracting Parties voluntarily to reduce their catches of bluefin tuna in the Eastern Atlantic and Mediterranean in 2009 as a way to foster stock recovery; some Contracting Parties have done so. Amendment 4 Proposal for a regulation Article 2 – point g (g) "joint fishing operation" means any operation between two or more catching vessels flying the flag of different CPCs or of different Member States where the catch of one catching vessel is attributed to one or more other catching vessels in accordance with an allocation key; (g) "joint fishing operation" means any operation between two or more catching vessels flying the flag of different CPCs or of different Member States or by vessels flying the same flag where the catch of one catching vessel is attributed to one or more other catching vessels in accordance with an allocation key; Amendment 5 Proposal for a regulation Article 4 – paragraph 6 – subparagraph 3 The flag Member State may require the vessel to proceed immediately to a port designated by it when the individual quota is deemed to be exhausted. The flag Member State shall suspend the licence to fish for bluefin tuna and may require the vessel to proceed immediately to a port designated by it when the individual quota is deemed to be exhausted. Amendment 6 Proposal for a regulation Article 21 – paragraph 1 – introductory wording 1.  By way of derogation from Article 7 of Regulation (EEC) No 2847/93, the master of a Community fishing vessel referred to in Article 14 of this Regulation or his representative shall notify the competent authority of the Member State (including the flag Member State) or the CPC whose ports or landing facility they wish to use at least four hours before the estimated time of arrival at the port, of the following: 1.  By way of derogation from Article 7 of Regulation (EEC) No 2847/93, the master of a Community fishing vessel referred to in Article 14 of this Regulation or his representative shall notify the competent authority of the Member State (including the flag Member State) or the CPC whose ports or landing facility they wish to use at least four hours before the estimated time of arrival at the port or, if the distance to port is shorter, at the end of the fishing operations and prior to starting the return journey, of the following: Amendment 7 Proposal for a regulation Article 23 – paragraph 2 – point a a) estimated time of arrival; a) date, port and estimated time of arrival; Amendment 8 Proposal for a regulation Article 30 – paragraph 2 – point a a) observer coverage for at least 20% of its active purse seine catching vessels over 24 metres; a) observer coverage for 100% of its active purse seine catching vessels over 24 metres; Amendment 9 Proposal for a regulation Article 30 – paragraph 2 – point b b) in the case of joint fishing operations, the presence of an observer during the fishing operation. b) in the case of joint fishing operations, the presence of an observer on each catching vessel during the fishing operation.

European Parliament resolution of 12 March 2009 on the deteriorating humanitarian situation in Sri Lanka

P6_TA(2009)0129 B6-0140/2009

The European Parliament,

–   having regard to Rules 91 and 90(4) of its Rules of Procedure,

A.   whereas an estimated 170 000 civilians find themselves in an emergency situation, trapped in the battle zone between the Sri Lankan army and the forces of the Liberation Tamil Tigers of Eelam (LTTE) without access to the most basic aid,

B.   whereas UN agencies have documented more than 2300 civilian deaths and at least 6500 injuries since late January 2009,

1.  Calls for an immediate ceasefire by the Sri Lankan army and the LTTE in order to allow the civilian population to leave the combat zone; condemns all acts of violence and intimidation which are preventing civilians from leaving the conflict area;

2.  Condemns the attacks on civilians as documented by the International Crisis Group;

3.  Calls on both sides to respect international humanitarian law and to protect and assist the civilian population in the combat zone, as well as in the safe zone;

4.  Is concerned about reports of serious overcrowding and poor conditions in the refugee camps established by the Sri Lankan Government;

5.  Demands that international and national humanitarian organisations, as well as journalists, be granted full and unhindered access to the combat zone and to the refugee camps;

6.  Calls on the Sri Lankan Government to cooperate with countries and aid organisations that are willing and able to evacuate civilians;

7.  Instructs its President to forward this resolution to the Council, to the Government of Sri Lanka, to the Secretary-General of the United Nations and, for information, to the Commission.

European Parliament resolution of 12 March 2009 on the challenge of deterioration of agricultural land in the EU and in particular in southern Europe: the response through EU agricultural policy instruments (2008/2219(INI))

P6_TA(2009)0130 A6-0086/2009

The European Parliament,

–   having regard to the UN Convention to Combat Desertification Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, adopted in 1994, and the UN Convention on Biological Diversity, adopted in 1992,

–   having regard to its position, adopted at first reading on 14 November 2007 with a view to the adoption of a Directive of the European Parliament and of the Council establishing a framework for the protection of soil(1),

–   having regard to its resolution of 9 October 2008 on addressing the challenge of water scarcity and droughts in the European Union(2),

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

–   having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0086/2009),

A.   whereas farming is an economic sector that is heavily dependent on natural phenomena and which, at the same time, offers extensive scope for intervention,

B.   whereas agriculture is the best means of preventing soil deterioration, and whereas this calls for a reasoned strategy that will help maintain this activity,

C.   having regard to the role EU of farmers in fighting desertification, to the key role of EU producers in preserving surface vegetation in areas affected by persistent drought, and to the particular benefits afforded by permanent crops, meadows and woodlands for the capturing of water,

D.   whereas, in particular, agricultural soils in southern Europe and other regions of the Member States are at the centre of a process of environmental degradation brought about by negative interactions between human activity and climate events,

E.   whereas over-intensive farming can contribute to soil erosion, rendering it non-productive,

F.   whereas desertification is now considered to be one of the most significant threats in terms of land deterioration in the Mediterranean countries,

G.   whereas soil is the basis for the production of human foodstuffs, fodder, textiles and fuels, and whereas it plays an important role in CO2 capture; whereas, however, soil is now more than ever at risk of irreversible damage caused by wind and laminar erosion, pollution, salinisation, sealing, depletion of organic substances and the loss of soil biodiversity,

H.   whereas the adverse effects identified to date are disruption of the hydrogeological balance, the infiltration of seawater into coastal aquifers, soil salinisation, agricultural land loss, a reduction in biodiversity, as well as greater vulnerability to fire, plant disease and animal disease,

I.   whereas the above changes in the interaction between the natural/human environment and agricultural production are having a major impact on arable and livestock farming systems, agricultural land use and the supply of foodstuffs, with obvious repercussions for food security, and the social, cultural and economic structures of the areas concerned as a result of population exodus, as well as hydro-geological consequences,

J.   whereas irrigation also serves to maintain soil humidity and to recharge aquifers, and whereas these factors should be taken into account when shaping the common agricultural policy (CAP),

K.   whereas water shortages and drought result in even higher prices for agricultural raw materials, and aware of the need to ensure secure food supplies for the population,

L.   whereas farming and forestry management provides opportunities for action to affect the overall carbon balance that can help to reduce greenhouse gas emissions,

M.   recalling the existence of the above-mentioned United Nations Convention to Combat Desertification, whose objective is to combat the deterioration of arable land and drought, and recalls Parliament's support for this convention,

N.   recognising the role of the Water Framework Directive (Directive 2000/60/EC(3)) as a regulatory framework and a basic instrument for soil protection, promoting interregional cooperation, the sustainable use of water and the protection of available water resources whilst at the same time helping to mitigate the effects of floods and drought,

O.   whereas an integrated, multidisciplinary approach is required in order to avoid being forced to look for emergency solutions, which can generate further adverse impacts and damaging chain reactions,

P.   whereas the situation needs to be monitored to identify changes in existing phenomena and the emergence of new risk situations, making specialised use of satellite readings and geological and biochemical models (mapping),

Q.   whereas extreme weather conditions have become more common, with an alternation between periods of drought and extreme rainfall events, which speed up lithosphere degradation processes, in particular in areas where soils are structurally more vulnerable in both northern and southern Europe,

R.   whereas there has been a worldwide increase in food demand and prices,

1.  Considers that CAP guidelines and management methods should explicitly include principles and instruments for climate protection in general and reduction of damage resulting from soil degradation in particular;

2.  Stresses that Community funding for measures to adjust the agricultural sector to climate change must be based on a territorial approach which takes account of the level of vulnerability of the EU regions; points out that, according to reliable assessments at international and European level, the agricultural soils of southern Europe are more susceptible to climate change;

3.  Regrets the short-sighted attitude of the heads of State and government in deciding to reduce funding for rural development; notes that the resources provided for under the second pillar are too limited for tackling the new challenges arising from climate change;

4.  Considers that the present problems, including food shortages, water scarcity, the rise in temperatures and evapotranspiration and the risk of soil degradation, require new, integral and scientific agricultural policies applicable to Mediterranean climatic conditions, and that, with the help of European Union and national institutions, these policies need to reflect research and development on crops locally adapted to the new environmental challenges, in areas including water saving, while giving enough revenue to farmers to maintain a European standard of living;

5.  Takes the view that, within the context of soil conservation strategy, the "good agricultural and environmental condition" principles established under the CAP should lay greater emphasis on measures to check and improve the operability and ecological sustainability of existing drainage systems by drawing up ecologically sustainable water management plans geared to local conditions and advising farmers in drought-threatened areas on the successful cultivation of water-saving crops suited to local conditions;

6.  Believes that the EU should provide greater support for improving water management in respect of agricultural land; stresses that this will necessitate creating incentives for introducing more efficient irrigation systems adapted to different crops, promoting appropriate research, and encouraging ways of building on advances in biotechnology;

7.  Considers that "micro" reservoirs for irrigation (hill reservoirs) and for firefighting, to be managed by the relevant local agencies, should be built above areas requiring irrigation, thus enabling gravity to be used so as to keep operating costs to a minimum, with use being made, wherever possible, of urban waste water treated using plant-based and surface impoundment techniques;

8.  Notes the importance of terraces in combating erosion and increasing the water-storage capacity of soil and considers that measures should be taken to maintain, restore and build them;

9.  Takes the view that agricultural and forestry systems should include programmes for the forestation of marginal and/or polluted farm land, given that shrub roots can anchor the unstable upper layer to the stable underlying rock, which acts as a purifying substrate;

10.  Advocates a Community forestry policy grounded primarily in the need to tackle climate change;

11.  Believes it is also necessary to encourage agricultural measures aimed at ensuring the preservation of surface vegetation, so as to prevent salinisation of groundwaters arising from erosion;

12.  Points out that many Mediterranean shrub species have good fire resistance properties and excellent vegetal recovery capacities and should therefore be promoted, particularly since their root systems are well-suited to the task of combating soil erosion;

13.  Takes the view that, to this end, the aim should be to cultivate varieties which require less water or, in certain circumstances, to replace spring crops with winter crops, which not only require less irrigation but also effectively protect the soil by means of vegetative cover during the critical erosion period of winter;

14.  Takes the view that local nurseries are able to produce ecotypes that are better suited to the local environment, and that specific measures should be taken to encourage them to do so;

15.  Calls for the promotion of the preservation and planting of hedgerows, particularly in areas where these have been lost over recent years;

16.  Acknowledges the important role which plant genetic resources can play in helping land management adjust to changing climatic conditions; calls on the Commission and the Member States, therefore, to draw up programmes to foster the conservation and further development of plant genetic resources by farmers and gardeners and by small- and medium-sized nurseries;

17.  Points to the importance of set-aside areas for the recovery of agricultural land and for water retention; calls on the Commission and the Member States concerned to encourage agricultural systems that are adapted to the land in Mediterranean ecosystems;

18.  Considers that, among the criteria for retaining organic matter in soil, the CAP "good agricultural and environmental condition" principles should provide incentives for carbon absorption and fixation based on optimum use of dryland farming techniques (minimum tilling, crop rotation, genotypes suited to the local environment, evapotranspiration control, targeted fertilisation, integrated control, etc.);

19.  Calls on the relevant bodies at territorial level to gear irrigation water management plans and usage techniques to the new environmental requirements and conditions, to ensure that targeted, quality-based use is made of water resources and to take steps to ensure that irrigation water management bodies optimise the management of available water resources, taking account of the need to reduce waste in water distribution systems;

20.  Advocates the creation of a Community drought monitoring centre, as a special department within the European Environment Agency in Copenhagen, and the reinforcement of the Union's coordinated reaction capacity in facing forest fires, given that both phenomena are major causes of desertification and the deterioration of agricultural land, especially in the Mediterranean regions;

21.  Underlines the need to improve the effectiveness of information supplied by Member States and the coordination between them;

22.  Recommends the development of a rapid alert and continuous surveillance system for soil conditions so that timely action can be taken to combat erosion, the depletion of organic matter resulting in greenhouse gas emissions and the loss of arable land and biodiversity;

23.  Calls on the Commission, in connection with the proposal for a new definition of mountain areas and other areas with natural handicaps it is to submit in 2009, to include among the priority evaluation criteria the level of risk of soil degradation and desertification in the areas subject to monitoring;

24.  Considers it necessary to strengthen research, development and innovation, paying particular attention to the areas most affected by water scarcity and drought and taking account of biotechnological progress;

25.  Calls on the Commission to look into, during the mid-term review of the Seventh Framework Programme for research, technological development and demonstration activities, scheduled for 2009, the provision of greater incentives to support research and development programmes conducted by more and more Member States and aimed at improving knowledge with a view to ensuring more sustainable management of soils and areas affected by degradation;

26.  Asks the Commission to consider the need to create a framework to combat the causes and effects of climatic change, in particular soil deterioration.

27.  Considers that appropriate training and refresher programmes should be provided for both those working in the sector and the general public, with the dual aim of seeking specific solutions and raising user awareness of the shared responsibility for environmental resource use;

28.  Calls on the Union to implement information and training measures aimed in particular at young farmers with a view to promoting the introduction of agricultural techniques favourable to soil conservation, especially regarding the impact of climate change and the role played by farming in climate;

29.  Recalls, in line with its resolution of 5 June 2008 on the future for young farmers under the ongoing reform of the CAP(4), that priority should be given, in the allocation of project funding, to activities that can encourage young people to set up in farming;

30.  Considers that the Union should strengthen and improve feed and food autonomy and self-sufficiency, including by ensuring better protection for agricultural soils and their productivity and, in particular, by fostering the sustainable use of grassland for stock farming (by means of free-range meat programmes, premiums to reward grazing practices consistent with nature conservation, etc.) in order to achieve a greater degree of feed autonomy; takes the view that, with a view to contributing to food security and sustainability throughout the world, the CAP must seek to strike a balance between plant production, animal production and energy production in the EU farming industry;

31.  Calls, in the framework of a global CO2 market, for the promotion of the preservation and regeneration of forests and reafforestation using mixed species, primarily in Member States which have lost their natural forest heritage, and underlines the need to launch an integrated, sustainable forest management system in the European Union;

32.  Underlines the role of forests in the water cycle and the importance of a balanced mix of forests, grassland, pasture and crop land for sustainable water management; highlights, in particular, the role of soils with high organic content and adapted crop rotation; warns that the increasing exploitation of land is a threat to agriculture, food security and sustainable water management;

33.  Calls, with reference to farming activities relating to the maintenance of fields, permanent grazing land and wooded areas, for it to be made possible for the issue of green certificates to be tied to the production of public goods (carbon dioxide storage, biodiversity, soil conservation);

34.  Calls on the Member States to use the second pillar of the CAP in order to award premiums for farming activities relating to the maintenance of fields, permanent grazing land and wooded areas and, in this way, to contribute to the production of public goods (carbon dioxide storage, biodiversity, soil conservation); calls on the Commission to treat the maintenance of grassland as a priority;

35.  Calls on the Council and Commission to explore strategies for the recovery of damaged soil on the basis of incentive measures to limit soil deterioration;

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

(1) OJ C 282 E, 6.11.2008, p. 281. (2) Texts adopted, P6_TA(2008)0473. (3) OJ L 327, 22.12.2000, p. 1. (4) Texts adopted, P6_TA(2008)0258.

European Parliament resolution of 12 March 2009 on employees' participation in companies with a European statute and other accompanying measures

P6_TA(2009)0131 B6-0110/2009

The European Parliament,

–   having regard to the Commission Communication of 25 June 2008 entitled "Think Small First" - A "Small Business Act" for Europe (COM(2008)0394) and the Commission's 2008 and 2009 Work Programmes,

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

A.   whereas a Statute for a European Private Company (SPE) will facilitate SME business in the internal market, but will also be accessible for larger companies,

1.  Calls on the Commission, on the basis of Article 138 of the EC Treaty, to initiate a consultation with the social partners, with a view to evaluating and where necessary streamlining, creating or reinforcing the provisions for employees' participation in the internal market;

2.  Calls on the Commission to assess the impact of the existing European company statutes and relevant rulings of the European Court of Justice (for example, the 'Daily Mail and General Trust', 'Sevic Systems', 'Inspire Art', 'Überseering', and 'Cartesio' cases) as regards employees' participation in boards of companies and possible avoidance or circumvention of the relevant national provisions;

3.  Calls on the Commission to assess crossborder problems with regard to corporate governance, tax law and employees' financial participation in shareholding programmes related to the above-mentioned proposed consultation; calls for a possible review and/or new proposals to be discussed with the Council and Parliament;

4.  Calls on the Commission to assess whether to introduce a rule for the SPE statute according to which the reimbursement of a loan or other contribution by a shareholder should be subordinated where a contribution to the share capital would have been more appropriate (that is, in the case of over-indebtedness of the company itself); believes that consideration should be given to the introduction of a rule whereby the shareholder has to return the reimbursement received if it was paid within a period close to the insolvency of the company;

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

European Parliament resolution of 12 March 2009 on migrant children left behind in the country of origin

P6_TA(2009)0132 B6-0112/2009

The European Parliament,

–   having regard to the United Nations Convention of 20 November 1989 on the Rights of the Child, in particular Articles 3 and 20 thereof,

–   having regard to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, in particular Articles 38, 42 and 45 thereof,

–   having regard to the Charter of Fundamental Rights of the European Union, in particular Article 24 thereof,

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

A.   whereas the free movement of workers is beneficial for the economies of all Member States and offers to EU citizens the opportunity for economic and personal development,

B.   whereas these positive effects may be reduced by undesired side-effects of migration, among them the poor living conditions of the children that remain in the country of origin when their parents migrate to another Member State,

C.   whereas labour migration has steadily increased over the past decades and nowadays most of the world's international migrants – 64 million – reside in the European Union,

D.   whereas migration has a huge potential to enhance development but also leads to problems, as yet unresolved, in both the country of origin and the country of destination,

E.   whereas, according to a study made by UNICEF and Social Alternatives in Romania, in 2008 almost 350 000 children had at least one parent who was working abroad, and nearly 126 000 were affected by the migration of both parents,

F.   whereas migration can have a positive impact on households in the country of origin, because through remittances and other channels it reduces poverty and increases investment in human capital,

G.   whereas, however, for the children that are left behind by parents working in another Member State, there are also possible negative aspects including the risk of general lack of care as regards physical and mental health, and mental-health related effects of depression, the loss of free time to play and develop, lack of school participation and general participation in education and training, malnutrition and child abuse,

H.   whereas, while there is a comprehensive policy in place to improve the living conditions and education of migrant children who move with their parents to the country of destination, the phenomenon of children left behind in the country of origin has received little attention,

I.   whereas children are often left behind in the country of origin due to lack of information on opportunities and benefits offered by the countries of destination,

1.  Calls on the Commission to undertake a study to assess the extent, at EU level, of the phenomenon of migrants" children left behind in the country of origin and to collect EU-wide data on this phenomenon;

2.  Calls on the Member States to take steps to improve the situation of the children left by their parents in the country of origin and to ensure their normal educational and social development;

3.  Calls on the Member States to set up cooperation mechanisms to prevent the detrimental effects on families (and especially children), of living apart and of the distances they have to bridge;

4.  Calls on the Member States to inform migrants better about their rights and the rights of their family members concerning free movement and about the information available at national and European level on living abroad and the terms and conditions of working in another Member State;

5.  Calls on the Commission to propose to all interested parties the adequate application of the already existing means to help migrants and their children who remain in the country of origin;

6.  Calls on the Commission and the Member States to actively involve the social partners and NGOs in actions targeting the improvement of migrants" children;

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

European Parliament resolution of 12 March 2009 on the Croatia 2008 progress report

P6_TA(2009)0133 B6-0104/2009

The European Parliament,

–   having regard to the decision adopted by the Council on 3 October 2005 to open accession negotiations with Croatia,

–   having regard to its resolution of 10 April 2008 on Croatia's 2007 progress report(1),

–   having regard to the Croatia 2008 Progress Report, published by the Commission on 5 November 2008 (SEC(2008)2694),

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

A.   whereas Croatia has made substantial progress across the board in all three areas covered by the Copenhagen criteria,

B.   whereas these considerable achievements need to be consolidated and matched by sustained efforts to adopt and implement the reforms addressed in the Commission's report and in this resolution,

C.   whereas the EU has taken steps to enhance the quality of the enlargement process,

D.   whereas the Commission Communication of 6 November 2007 entitled "Enlargement Strategy and Main Challenges 2007-2008" (COM(2007)0663) lays great emphasis – from the early stages of the accession negotiations – on the rule of law and good governance, with particular reference to combating corruption and organised crime, to administrative and judicial reform and to the development of civil society,

E.   whereas the conclusion by 2009 of accession negotiations with Croatia must remain the common objective of all the parties involved,

F.   whereas the killings and attacks that took place in 2008 have highlighted the need to tackle seriously and expeditiously corruption and organised crime in Croatia,

G.   whereas a new Minister of the Interior, a new Minister of Justice and a new Head of the Police have been appointed and entrusted with the task of addressing these issues,

General remarks

1.  Commends Croatia for the good results it has achieved during 2008 in adopting the legislation and carrying out the reforms required to qualify for EU membership;

2.  Is particularly pleased to note that legislative and regulatory work has finally been matched by efforts to strengthen and improve the administrative capacity required to implement such reforms;

3.  Is confident that the goal of concluding negotiations in 2009, in accordance with the indicative road map published by the Commission, can be achieved, provided the Government of Croatia steps up its efforts to address particularly the more sensitive issues linked to the accession process, including fighting organised crime and corruption, and finally meets the benchmarks in these areas, and also provided the Council is willing and able to open all negotiation chapters without further delay;

4.  Welcomes the Commission's recommendation that the Council should set up the ad hoc technical working party in charge of drafting the Accession Treaty; also recommends that this group should work in parallel with the negotiations and therefore start its work during the first half of 2009; in addition, welcomes the Commission's intention to present a communication in the course of 2009 detailing the financial impact of the accession of Croatia to the EU;

Political criteria

5.  Is satisfied with the progress achieved as regards the adoption of key documents and key legislation in certain areas, notably anti-discrimination, women's rights, minority rights and return of refugees; points out that swift and effective implementation is now crucial;

6.  Points, however, at the need to pursue the reform of public administration with the introduction of a new salary system and a comprehensive overhaul of administrative procedures in order to increase transparency, accountability and de-politicisation of the Croatian civil service; calls for specific attention to be paid to the regional and local administrations since their ability to take on new responsibilities is crucial to the success of the decentralisation process;

7.  Underlines the importance of providing legal certainty and equality before the law to foreign investors, and in this context urges the Croatian authorities to address promptly the outstanding cases concerning property restitution, in line with the relevant rulings of the Croatian Constitutional Court;

8.  Believes that more earnest efforts need to be made in the judicial sector in order to address the root causes of the backlog and of the excessively long judicial procedures, to kick-start a serious and comprehensive court rationalisation, covering all types of courts, to introduce an objective and transparent selection procedure as well as individual evaluation and promotion criteria for judges, to ensure that war crimes are treated in accordance with common standards, irrespective of ethnicity, and, finally, to find ways of addressing the problem of in absentia verdicts and trials, notably by means of strengthened regional cooperation;

9.  Takes note of the statement made by the Prosecutor of the International Criminal Tribunal for the former Yugoslavia before the United Nations Security Council on 12 December 2008, in which he indicates that Croatia has responded to most requests for assistance made by the Office of the Prosecutor, whilst pointing out that certain key military documents relating to the Gotovina case remain unaccounted for; urges the Government of Croatia to step up its efforts to make these key documents available immediately to the Tribunal;

10.  Welcomes the fact that the Croatian Government has finally taken additional measures to tackle corruption and organised crime; emphasises that the increased investigative and prosecutorial activities of the Office for the Fight against Corruption and Organised Crime (USKOK) must be matched by equal police and judicial efforts if these activities are to produce results; is of the opinion that zero tolerance must be shown at all levels and that verdicts must be reached and enforced, including the seizure of assets; welcomes in this regard the adoption of legislation relating to the temporary freezing of assets of all individuals accused of corruption and organised crime;

11.  Is pleased to note the official opening in four different courts of departments dealing specifically with the fight against corruption and organised crime, and that the sixty judges assigned to these departments have been vetted and will receive substantial financial incentives to reflect the complexity and sensitivity of the tasks they have to carry out;

12.  Calls in this context on the Croatian Government to ensure that the police and the judiciary are granted the freedom and independence of action as well as the human and financial resources needed in order to accomplish their mandate in the fight against corruption and organised crime;

13.  Is satisfied with the freedom of the press in Croatia but draws attention to recent cases of intimidation and even killings of journalists investigating cases of corruption and organised crime; calls on the police and the judiciary to take resolute action to investigate and prosecute these cases so as to re-establish a positive climate in the country and to ensure continuing compliance with the political criteria for accession; stresses in this regard the need for full protection of human rights, which are not politically negotiable;

14.  Is pleased with the Croatian Government's adoption of an action plan for the implementation of the constitutional law on national minorities and with the increase in funding; urges the Croatian authorities to implement the plan in close consultation with non-governmental organisations representing the minority communities; emphasises, moreover, the need to concentrate on the economic and social rights of minorities, in particular their access to employment, and to devise a long-term strategy for employment of members of minorities in public administration and the judiciary; calls, furthermore, for the Councils on National Minorities to enjoy budgetary autonomy from the local authorities they are expected to advise, so that they can exercise their mandate in full independence;

15.  Welcomes the achievements made in the area of the policy on minorities in Croatia, in particular the fact that both educational opportunities and parliamentary representation have been secured for the minorities in the country;

16.  Welcomes the continuing progress as regards the education of minorities; is concerned, however, that current structures maintain segregation rather than aiming at integration of different ethnic groups (e.g. by means of shared classes); is also concerned, particularly in the case of Roma, that these arrangements might lead to a quality of education inferior to that in mainstream classes;

17.  Takes note that, whilst tangible results have been achieved in providing the conditions for refugee returns, much remains to be done in order to make these returns sustainable in terms of housing, particularly for former holders of tenancy rights in urban areas, of integration, and of access to the labour market; stresses the need to implement the return programmes in a manner coherent with other social and employment programmes;

18.  Welcomes, furthermore, the adoption of comprehensive anti-discrimination legislation and attaches great importance to the implementation of its provisions in fact; calls on the authorities, at national and local level, to show zero tolerance towards episodes of racial hatred and any other form of hatred and ensure that such episodes are duly prosecuted; invites the national authorities, furthermore, to protect the rights of sexual minorities;

Economic criteria

19.  Is encouraged by the increase in employment and the sustained economic growth recorded by Croatia; points, nevertheless, to persisting high unemployment rates amongst young people and minorities and to the impact which higher food prices and, more generally, inflation are having on the livelihood of ordinary citizens;

20.  Points to the need to tackle the growing trade and current-account deficits, as well as external debt, which make the Croatian economy more vulnerable and exposed to risks; emphasises that, in order to maintain the current economic growth level and enable Croatia to catch up with EU Member States, it will be necessary to accelerate the pace of structural reforms;

21.  Draws attention to the need to promote, in close consultation with all stakeholders, a policy reconciling energy security with sustainable development; calls on the Croatian authorities to comply with the goals laid down in the EU climate package and give adequate priority to energy efficiency and renewable sources of energy, particularly in coastal areas; reminds Croatia of the financing opportunities offered by the EU for the Mediterranean in this respect; welcomes the adoption of an action plan for implementing the Kyoto Protocol and calls on the authorities to take all appropriate steps effectively to reduce industrial emissions;

Ability to assume the obligations of membership

22.  Is generally pleased with the overall pace of legislative alignment; believes, however, that greater attention should be paid to the quality of legislation; encourages the Croatian authorities to pursue their efforts to develop the administrative capacity required to implement the acquis;

23.  Welcomes the progress in the privatisation process underway in the steel and telecommunications industries and the decision by the Croatian authorities to proceed with tenders for the privatisation of the Croatian shipyards, which should be completed in 2009, and emphasises that the sale of shipyards must take place in full transparency and in compliance with EU competition standards; calls on the Croatian Government, with the support of the Commission, to adopt specific measures to offset the social costs of the restructuring; invites the Commission and the Council to take into account the current economic and financial crisis when reviewing progress by Croatia in implementing the necessary reforms;

24.  Notes that progress in the agricultural sector has been uneven, with the situation in the areas of quality policy and organic farming being well advanced while the capacity to absorb rural development funds needs to be improved; stresses that increased administrative capacity and reform of the agricultural support systems are necessary in order to achieve a smooth transition to the EU Common Agricultural Policy regime and to minimise the social impact of such a transition;

25.  Invites the Croatian authorities to show good absorption of EU pre-accession funds and to prepare at all levels – central, regional and local – the structures and know-how required for the EU Structural and Cohesion Funds;

Regional Cooperation

26.  Deeply regrets that accession negotiations have been effectively blocked for a considerable time because of bilateral issues;

27.  Underlines that bilateral issues should not be an obstacle to progress in accession negotiations, provided these negotiations are not used to pre-empt the final settlement of such issues; urges, nevertheless, the Croatian Government and the governments of the neighbouring countries to solve expeditiously all their outstanding issues;

28.  Stresses that good neighbourly relations remain a key element of the European integration process, and invites Croatia and its neighbours actively to promote cooperation in the region and to invest more in cross-border cooperation projects;

29.  Recalls the informal agreement reached on 26 August 2007 by the Prime Ministers of Croatia and Slovenia on the submission of their border dispute to an international body; welcomes the readiness of Croatia and Slovenia to accept the mediation offer made by the Commission and takes the view that this mediation should be based on international law; in this context, looks forward to a rapid advancement of the accession negotiations;

o
o   o

30.  Instructs its President to forward this resolution to the Council, the Commission and the Government and Parliament of Croatia.

(1) Texts adopted, P6_TA(2008)0120.

European Parliament resolution of 12 March 2009 on Turkey's progress report 2008

P6_TA(2009)0134 B6-0105/2009

The European Parliament,

–   having regard to the Turkey 2008 Progress Report published by the Commission on 5 November 2008 (SEC(2008)2699),

–   having regard to its previous resolutions of 27 September 2006 on Turkey's progress towards accession(1), of 24 October 2007 on EU-Turkey relations(2) and of 21 May 2008 on Turkey's 2007 progress report(3),

–   having regard to the Negotiating Framework for Turkey, approved on 3 October 2005,

–   having regard to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey(4) ("the Accession Partnership"), as well as to the previous Council decisions on the Accession Partnership of 2001, 2003 and 2006,

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

A.   whereas accession negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations was the starting-point for a long-lasting and open-ended process,

B.   whereas Turkey has committed itself to reforms, good neighbourly relations and progressive alignment with the EU, and whereas these efforts should be viewed as an opportunity for Turkey itself to further modernise,

C.   whereas full compliance with all the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council meeting, remain the basis for accession to the EU, which is a community based on shared values,

D.   whereas the Commission concluded that 2008 had been marked by strong political tensions, and that the Turkish government had not, despite its strong mandate, put forward a consistent and comprehensive programme of political reforms,

E.   whereas Turkey has still not implemented the provisions stemming from the EC-Turkey Association Agreement and the Additional Protocol thereto,

F.   whereas four negotiating chapters were opened in 2008,

1.  Is concerned to see in Turkey, for the third consecutive year, a continuous slowdown of the reform process, and calls on the Turkish government to prove its political will to continue the reform process to which it committed itself in 2005; stresses that such modernisation is first and foremost in Turkey's own interest and for the benefit of Turkish society as a whole;

2.  Is concerned by the ongoing polarisation within Turkish society and between the main political parties, which has deepened in the course of 2008 and has negatively affected the functioning of the political institutions and the process of reforms;

3.  Stresses that political reforms are at the heart of the reform process, and welcomes the fact that the Turkish government prepared and approved the National Programme for the Adoption of the Acquis;

4.  Urges the leaders of the political parties to seriously seek dialogue and to agree, in a spirit of compromise, on a reform agenda for the modernisation of Turkey towards a stable, democratic, pluralist, secular and prosperous society, guided by respect for human rights and fundamental freedoms, and based on the rule of law;

I.Fulfilling the Copenhagen Criteria
Democracy and the rule of law

5.  Regrets that the initial effort to reform comprehensively the constitution resulted in dispute over the headscarf issue and generated further polarisation of society; calls on the Turkish government to resume its work on a new, civilian constitution which would place the protection of human rights and fundamental freedoms at its core, and urges the government to ensure that political parties and civil society, as well as ethnic and religious minorities, are closely involved in this constitutive process;

6.  Is concerned by the closure cases opened in 2008 against two parliamentary parties, especially the case still pending against the Democratic Society Party (DTP); emphasises the need to amend, as a matter of priority, the legislation on political parties so as to bring it fully into line with the case-law of the European Court of Human Rights (ECtHR)and the recommendations of the Council of Europe's Venice Commission;

7.  Calls on the Turkish authorities to take all necessary steps to allow all parties taking part in elections to be represented within the electoral commission;

8.  Regrets that no progress has been made on establishing full systematic civilian supervisory functions over the military and on strengthening the parliamentary oversight of military and defence policy;

9.  Notes the progress made with regard to the development of a judicial reform strategy; points out, however, the urgent need for further systematic efforts to enhance the impartiality and professionalism of the judiciary, and to ensure that members of the judiciary refrain from interfering in political debate and that they respect the standards of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR);

10.  Regrets that no progress has been made on establishing the Ombudsman's office; takes note of the negative decision of the Constitutional Court on the Ombudsman Law, and urges the Turkish government to reintroduce as soon as possible the necessary legislation to establish this office, as supported by both the government and the parliament in the past;

11.  Regrets that the Turkish government has not presented any comprehensive anti-corruption strategy; underlines the need to strengthen parliamentary oversight over public expenditure and the need for new legislation in respect of the Court of Auditors;

12.  Welcomes the beginning of the trial against those accused of being members of the Ergenekon criminal organisation; encourages the authorities to continue investigations and to fully uncover the organisation's networks which reach into the state structures; is concerned about reports regarding the treatment of defendants in this case; urges the Turkish authorities to provide them with a fair trial and to adhere strictly to the principles of the rule of law;

Human rights and respect for, and protection of, minorities

13.  Regrets that freedom of expression and freedom of the press are still not fully protected in Turkey; is of the view that freedom of the press in a democratic, pluralistic society is served neither by frequent website bans nor by pressures on and lawsuits against critical press; is also of the opinion that the amendment to Article 301 of the Penal Code, adopted in April 2008, was not sufficient, as people continue to be prosecuted for expressing non-violent opinions on the basis of this as well as of other articles of the Penal Code, the Anti-Terror Law or the Press Law, such as the 1995 Sakharov Prize for Freedom of Thought laureate Leyla Zana; reiterates that the repeal of Article 301 as well as a fundamental reform of the Penal Code and of other laws used to arbitrarily restrict non-violent opinions is needed, so as to ensure that freedom of expression is fully respected in line with ECHR standards;

14.  Welcomes the apologies offered by the Minister of Justice, Mehmet Ali Sahin, on behalf of the government to the family of Engin Ceber, who died in prison as a consequence of abuse; joins the Human Rights Committee of the Turkish Parliament in its concern over the failure of the judiciary to prosecute cases of torture and ill-treatment, the number of which is growing; calls on the Turkish government to undertake further systematic efforts to eliminate torture and ill-treatment, inside and outside official places of detention, and to end the culture of impunity; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; is also concerned about excessive use of police force in dealing with public demonstrations;

15.  Welcomes the work done by the Human Rights Investigation Committee of the Turkish Grand National Assembly in its investigation of torture and ill-treatment in prisons and of the murder of journalist Hrant Dink; urges the Turkish authorities to follow up fully the findings of the Committee's reports, as well as the findings of the report of the Prime Ministerial Inspection Board; also takes the view that the hypothesis of Ergenekon's involvement should be taken more seriously when considering other unsolved cases, such as the murder of Hrant Dink;

16.  Welcomes the adoption in February 2008 of the Law on Foundations and appreciates the Commission's assessment that the Law on Foundations addresses a number of outstanding property-related issues concerning non-Muslim communities; urges the Turkish government to ensure that the law is implemented in line with ECtHR case-law, and to tackle the so far unresolved issue of properties seized and sold to third parties as well as that of properties of foundations fused before the adoption of the new legislation;

17.  Reiterates that a legal framework developed in line with ECtHR case-law is still needed so as to enable all religious communities to function without undue constraints, in particular as regards their legal status, training of clergy, election of their hierarchy, religious education and the construction of places of worship; encourages Turkish authorities, all political parties, civil society and the communities concerned to engage in creating an environment conducive to full respect for freedom of religion in practice; reiterates its call for the immediate re-opening of the Greek Orthodox Halki Seminary and the public use of the ecclesiastical title of the Ecumenical Patriarch; welcomes the recent initiatives by the government and its ongoing talks between the government and Alevi leaders on long-standing issues, such as Alevi places of worship and the setting-up of a memorial commemorating the Sivas massacre, and calls on the Turkish government to address their concerns without delay and to make state-run courses on religion non-compulsory; regrets the planned expropriation of the Syriac Orthodox Monastery of St Gabriel in Tur Abdin and the court procedures against representatives of the monastery;

18.  Calls on the Turkish government to launch as a matter of priority a political initiative favouring a lasting settlement of the Kurdish issue, which initiative needs to address the economic and social opportunities of citizens of Kurdish origin, and to tangibly improve their cultural rights, including real possibilities to learn Kurdish within the public and private schooling system and to use it in broadcasting and in access to public services, and to allow elected officials to use a second language apart from Turkish in communicating with their constituents; welcomes the start of a 24-hour public television channel in the Kurdish language from 1 January 2009;

19.  Condemns the violence perpetrated by the Kurdistan Workers' Party (PKK) and other terrorist groups on Turkish soil; reiterates its solidarity with Turkey in the fight against terrorism and once again calls on the PKK to declare and respect an immediate and unconditional ceasefire;

20.  Urges the DTP and all its elected members to distance themselves clearly from the terrorist PKK and from its use of violence, and appeals to all parties to contribute to a solution that enhances the stability, prosperity and integrity of the Turkish state;

21.  Notes that the Turkish government has decided to complete the Southeast Anatolia Project (GAP) for the development of the south-east of Turkey; points, however, to its social, ecological, cultural and geopolitical consequences, including those on the water supplies of the neighbouring countries, Iraq and Syria, and calls on the government to take these issues fully into consideration, to protect the rights of the population affected and to ensure close cooperation with local and regional authorities as it continues its work on the plan; calls on the Commission to present a study on the GAP and its consequences;

22.  Reiterates that European values of pluralism and diversity incorporate respect for a far wider definition of minorities, on the basis of the Treaty of Lausanne (1923), than that adopted by Turkey; is concerned about continuing hostility and violence against minorities; is concerned that Turkey has made no progress on ensuring cultural diversity and promoting respect for, and protection of, minorities in accordance with ECHR standards; urges the Turkish government to start the overdue dialogue with the OSCE High Commissioner on National Minorities on issues such as the participation of minorities in public life and broadcasting in minority languages;

23.  Calls on the Turkish government to take action against organisations and groups which stir up hostility against minorities and to protect all those who are threatened and fear for their lives, while making sustained efforts to create an environment conducive to full respect of fundamental human rights and freedoms;

24.  Calls on the Turkish government to seek solutions to preserve the bicultural character of the Turkish islands Gökçeada (Imvros) and Bozcaada (Tenedos), and to address the problems encountered by members of the Greek minority with regard to their education and property rights;

25.  Welcomes the establishment of the "Women-Men Equal Opportunities Commission" in the Turkish Parliament; welcomes the Commission's assessment that the legal framework guaranteeing women's rights and gender equality is broadly in place; urges, however, the Turkish government to ensure that it is implemented so as to have a positive effect on the situation of women in Turkey; points to upcoming local elections as an opportunity to remedy the low representation of women in politics;

26.  Is concerned that the number of reported so-called "honour killings" is increasing in Turkey, and calls on the Turkish authorities and civil society to intensify their efforts to prevent these killings, domestic violence and forced marriages; welcomes the increase in the number of shelters, but calls urgently for effective and sustainable policies on budgetary and staffing matters, and for support for women and their children after they leave the shelters; asks the Turkish government to combat the trafficking of women in close cooperation with the Member States;

27.  Welcomes the decision of the Supreme Court of Appeals not to uphold the decision banning the interest group Lambda Istanbul; urges the government to ensure that equality regardless of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation is guaranteed;

Existence of a functioning market economy

28.  Welcomes the Commission's assessment classifying Turkey as a functioning market economy;

29.  Notes that although economic growth in Turkey slowed in 2008, its overall economic performance demonstrated that the foundations and resilience of the Turkish economy are substantially stronger than some years ago; notes that the impact of the global financial crisis on the Turkish banking system has remained limited so far, but is concerned about the effect of the crisis on economic growth; asks the Commission to report specifically on the consequences of the crisis for the Turkish economy; encourages the Turkish government to continue its close cooperation with the International Monetary Fund and other international and European financial institutions;

Ability to take on the obligations of membership

30.  Regrets that a number of commitments made by Turkey within the EC-Turkey customs union remain unfulfilled, distorting bilateral trade relations;

31.  Notes that the customs union obliges Turkey to negotiate and conclude free trade agreements (FTAs) with third countries with which the EU has concluded FTAs; calls on the Council and the Commission to include Turkey in the impact assessment studies of prospective FTAs between the EU and third countries and to further strengthen the transmission of information on the EU's position and the state of play of the FTA negotiations;

32.  Regrets that the EC-Turkey Association Agreement and the Additional Protocol thereto have not yet been implemented fully by the Turkish government; recalls that the non-fulfilment of Turkey's commitments by December 2009 may further seriously affect the process of negotiations; invites the Council to continue to follow up and review progress made on the issues covered by the declaration of the Community and its Member States of 21 September 2005 in accordance with its conclusions of 11 December 2006;

33.  Commends Turkey on its progress in the field of education and culture; reiterates that providing access to education for all is not just a good strategy for the inclusion of minorities but also the basis for a prosperous and modern society; views the plan to open departments for Armenian and Kurdish studies at Turkish universities as a sign of goodwill that needs to be followed up by concrete action;

II.Enhancing prosperity
Enhancing social cohesion and prosperity

34.  Points out that a socially oriented market economy is the basis for a socially coherent society and one of the keys to stability and prosperity; welcomes in this regard the adoption of the Social Insurance and General Health Insurance Law as a contribution to strengthening the social cohesion of Turkish society;

35.  Also welcomes the adoption of the employment package in May 2008 by the Turkish Parliament, aimed at promoting job opportunities for women, young people and people with disabilities; is concerned, however, about the ongoing weakness of the employment market, which engages only 43% of the working-age population, and is particularly worried about the decreasing overall rate of employment of women; encourages the Turkish government to take further action to tackle the problem of the informal economy;

36.  Reiterates its calls for the Turkish government to take further tangible steps to empower women in the political, economic and social sector, through, for instance, temporary measures to increase their active involvement in politics; points out the need to take effective measures to increase women's access to education, which regrettably still remains the lowest among OECD countries;

37.  Takes note of the progress made in the area of health protection; is concerned, however, that no progress can be reported on mental health; urges the Turkish authorities to make more resources available for mental health care, and to find a solution to the problem of inadequate general medical care and treatment of people with mental disabilities in mental health hospitals and rehabilitation centres; calls for the treatment of children and adults with disabilities in institutions to fully respect their rights;

38.  Regrets that no progress has been made on amending the legislation on trade union rights, and calls on the Turkish Parliament to adopt a new law on trade unions that is in line with the International Labour Organization conventions; regrets that, despite the fact that regulations on union formation and membership were eased in 2004, trade union activities remain subject to constraints; calls on the Turkish authorities to find a solution, together with the trade unions, that enables peaceful demonstrations to take place on 1 May on Taksim Square in Istanbul, respecting the freedom of association;

39.  Points, once again, to the need to address the problem of development disparities among Turkish regions and between rural and urban areas, which is a major obstacle to the prosperity of Turkish society; regrets, therefore, that no comprehensive strategy has so far been presented by the Turkish government to tackle this problem, and is disappointed that the Commission has not presented any information about the EU's contribution under the Instrument for Pre-Accession Assistance to this strategic planning, as requested by Parliament in its above-mentioned resolution of 21 May 2008;

III.Building good neighbourly relations

40.  Stresses the need for a comprehensive settlement of the Cyprus question based on UN Security Council resolutions and on the principles on which the European Union is founded; welcomes the renewed commitment of both political leaders on both sides to a negotiated solution and supports the ongoing direct negotiations by the leaders of the two communities in Cyprus and will accept any agreement reached by them provided that it is in conformity with the principles on which the EU is founded, including the four fundamental freedoms, except for temporary transitional derogations, and that it is accepted after a referendum; calls on Turkey to facilitate a suitable climate for negotiations by withdrawing Turkish forces and allowing the two leaders to negotiate freely their country's future;

41.  Calls on Turkey to comply with its obligations under international law, the relevant UN Security Council resolutions and the ruling of the European Court of Human Rights on the Fourth Interstate Application by Cyprus against Turkey regarding investigations into the fate of missing persons; urges all the EU Member States to call on Turkey to take appropriate action on what is mainly a humanitarian issue;

42.  Encourages greater trans-border cooperation between local authorities, business people and other local partners with the neighbouring EU members Greece and Bulgaria;

43.  Welcomes the communication and cooperation developed over the last year between Turkish and Iraqi authorities, including the contacts between Turkey and the Kurdish regional government in Northern Iraq; encourages those authorities to further intensify their cooperation, so as to ensure that terrorist attacks from Iraqi territory are prevented under Iraqi responsibility, to guarantee stability and to contribute to the economic development of the whole Turkish-Iraqi neighbourhood area; recalls its earlier appeals to the Turkish government to respect, when conducting anti-terrorist operations, Iraq's territorial integrity, human rights and the rule of law, and to make sure that civilian casualties are avoided;

44.  Welcomes the visit of President Gül to Armenia in September 2008 following an invitation from President Sarkisian, and hopes that it will indeed foster a climate favourable to the normalisation of relations between their countries; calls on the Turkish government to re-open its border with Armenia and to restore full economic and political relations with Armenia; once again calls on the Turkish and Armenian governments to start a process of reconciliation, in respect of the present and the past, allowing for a frank and open discussion of past events; calls on the Commission to facilitate this reconciliation process;

45.  Appreciates the continued efforts of the Turkish and Greek governments to improve bilateral relations; reiterates that the repeal of the casus belli declared by the Turkish Grand National Assembly in 1995 would provide important impetus for further improvement of those relations; recalls that Turkey has committed itself to good neighbourly relations and calls on the Turkish government to make serious and intensive efforts to resolve any outstanding dispute peacefully and in accordance with the UN Charter, other relevant international conventions and bilateral agreements and obligations;

IV.Strengthening EU-Turkey bilateral cooperation

46.  Calls upon the Council to consider making progress on opening of negotiations on chapters in which Turkey, according to the Commission's assessment, has fulfilled the conditions for opening;

47.  Recognises Turkey's ambition of becoming a Eurasian energy hub and the role it can play in contributing to Europe's energy security; commends the progress achieved by Turkey in the field of energy; recalls its above-mentioned resolution of 24 October 2007 supporting the opening of negotiations on this chapter and regrets that no agreement has been reached on this in the Council; encourages Turkey to join the European Energy Community as a full member, so as to strengthen energy cooperation between the EU and Turkey, which can benefit all parties involved; calls on Turkey to fully support the Nabucco pipeline project, which is a European priority project, and expects that an inter-governmental agreement aimed at bringing the pipeline into operation will be concluded soon;

48.  Takes note of the progress made in the area of migration and asylum; regrets, however, that Turkey has not, since December 2006, resumed the negotiations on a readmission agreement with the EC, the signing of which is a condition for a visa facilitation agreement; and calls on the Turkish government to intensify its cooperation with the EU on migration management, including through proper implementation of the existing bilateral readmission agreements and protocols with Member States; notes that no development can be reported on alignment with EU visa lists; calls on the Commission and the Turkish government to start negotiations on a visa facilitation agreement; urges the Member States to ease visa restrictions for bona fide travellers such as students, academics or businesspeople; calls for full respect of the human rights of asylum-seekers and refugees, including open and unrestricted access to all detention centres by the UN High Commission for Refugees;

49.  Welcomes the launch in September 2008 of a new generation of projects aimed at enhancing the dialogue between civil society in Turkey and in the EU; asks the Commission to report on activities carried out within the framework of the EU-Turkey Civil Society Dialogue; reiterates its call on the Turkish government to involve civil society more closely in the reform process;

50.  Notes that the Commission intends to provide impact assessments on only certain policy areas(5); urges the Commission to issue a more comprehensive impact study as a follow-up to the one presented in 2004, and to present it to Parliament without delay;

51.  Asks the Turkish government and judicial authorities to cooperate better with EU Member States and authorities in criminal cases in which EU citizens and residents have been the victims of fraud, as in the case of the so-called "Green Funds" (Islamic investment funds based in Turkey) and in the case of "Deniz Feneri", a charity based in Germany;

Cooperation on international and global issues

52.  Appreciates Turkey's efforts to contribute to a solution for many of the world's crisis regions, in particular in the Middle East and the South Caucasus, and also with regard to relations between Afghanistan and Pakistan; in particular, welcomes Turkey's active and constructive involvement, following the conflict between Russia and Georgia, aimed at promoting peace and stability in the South Caucasus, notably through its proposal for a Caucasus Stability and Cooperation Platform; calls on the Council and the Commission to intensify cooperation with Turkey and to look for synergies in the EU´s and Turkey's approach to these regions;

53.  Congratulates Turkey on its election to the UN Security Council, and encourages the Turkish government to adopt an approach within the UN that is closely coordinated with the EU´s position;

54.  Welcomes the ratification of the Kyoto Protocol by the Turkish parliament;

55.  Welcomes Turkey´s continuous contribution to European Security and Defence Policy and NATO operations; regrets, however, that the NATO-EU strategic cooperation extending beyond the "Berlin Plus" arrangements continues to be blocked by Turkey's objections, which has negative consequences for the protection of the EU personnel deployed, and urges Turkey to set aside these objections as soon as possible; calls on the Council to consult Turkey, as one of the biggest suppliers of troops, in the planning and decision-making stages of the European Security and Defence Policy;

56.  Calls on the Turkish government to sign and submit for ratification the Statute of the International Criminal Court, thus further increasing Turkey's contribution to, and engagement in, the global multilateral system;

o
o   o

57.  Instructs its President to forward this resolution to the Council, the Commission, the Secretary General of the Council of Europe, the President of the European Court of Human Rights, the governments and parliaments of the Member States and the Government and Parliament of the Republic of Turkey.

(1) OJ C 306 E, 15.12.2006, p. 284. (2) OJ C 263 E, 16.10.2008, p. 452. (3) Texts adopted, P6_TA(2008)0224. (4) OJ L 51, 26.02.2008, p. 4. (5) European Commission: Action taken on Parliament's non-legislative resolutions – May II 2008.

European Parliament resolution of 12 March 2009 on the 2008 progress report on the former Yugoslav Republic of Macedonia

P6_TA(2009)0135 B6-0106/2009

The European Parliament,

–   having regard to the Presidency Conclusions of the Thessaloniki European Council of 19-20 June 2003, at which the promise was made to all Western Balkan states that they would join the European Union,

–   having regard to UN Security Council Resolutions S/RES/817 of 7 April 1993 and S/RES/845 of 18 June 1993,

–   having regard to the European Council decision of 16 December 2005 to grant the former Yugoslav Republic of Macedonia the status of candidate country for EU membership and to the Presidency Conclusions of the European Councils of 15-16 June 2006 and 14-15 December 2006,

–   having regard to the 1995 interim agreement between the Hellenic Republic and the former Yugoslav Republic of Macedonia,

–   having regard to the EU/Western Balkans Declaration, which was unanimously approved by the Foreign Ministers of all the EU Member States and by the Foreign Ministers of the Western Balkan states in Salzburg on 11 March 2006,

–   having regard to the conclusions of the Fourth Meeting of the EU-former Yugoslav Republic of Macedonia Stabilisation and Association Council of 24 July 2007,

–   having regard to the EU-former Yugoslav Republic of Macedonia visa facilitation and readmission agreements of 18 September 2007,

–   having regard to Council Decision 2008/212/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the former Yugoslav Republic of Macedonia(1),

–   having regard to the Brdo Statement: New focus on the Western Balkans, made by the EU Presidency on 29 March 2008, underlining the need for a fresh impetus to the Thessaloniki agenda and the Salzburg declaration,

–   having regard to the Commission's 2008 Progress Report on the former Yugoslav Republic of Macedonia (SEC(2008)2695),

–   having regard to its resolution of 10 July 2008 on the Commission's 2007 enlargement strategy paper(2),

–   having regard to its resolution of 23 April 2008 on the 2007 Progress Report on the former Yugoslav Republic of Macedonia(3),

–   having regard to the recommendations of the EU-former Yugoslav Republic of Macedonia Joint Parliamentary Committee of 29-30 January 2007 and 26-27 November 2007,

–   having regard to its position of 24 October 2007 on the proposal for a Council decision concerning the conclusion of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on the facilitation of issuance of short-stay visas(4),

–   having regard to its position of 24 October 2007 on the proposal for a Council decision concerning the conclusion of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on readmission(5),

–   having regard to Council Decision 2007/824/EC of 8 November 2007 on the conclusion of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on the facilitation of the issuance of visas(6),

–   having regard to Council Decision 2007/817/EC of 8 November 2007 on the conclusion of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on the readmission of persons residing without authorisation(7),

–   having regard to the final declaration of the Fifth EU-former Yugoslav Republic of Macedonia Joint Parliamentary Committee, adopted on 28 November 2008,

–   having regard to the Commission Communication of 5 November 2008 entitled Enlargement Strategy and Main Challenges 2008-2009 (COM(2008)0674) and to the conclusions of the General Affairs and External Relations Council held on 9 December 2008,

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

A.   whereas the Commission's 2007 enlargement strategy paper attaches great importance – from the initial stages of that strategy onwards – to the rule of law and good governance, particularly in relation to the fight against corruption and organised crime, administrative and judicial reform and civil society development,

B.   whereas the EU has taken steps to improve the quality of the enlargement process,

C.   whereas an EU Member State, namely Greece, and the former Yugoslav Republic of Macedonia are in the midst of a negotiation process taking place under the aegis of the United Nations aimed at reaching a mutually acceptable solution to the issue of the name of the candidate state; whereas ensuring good neighbourly relations and finding negotiated and mutually acceptable solutions to unresolved issues with neighbours, in line with the Salzburg declaration of 11 March 2006, remain essential,

1.  Welcomes the fact that the parties in government and the opposition in the former Yugoslav Republic of Macedonia, with the widespread support of civil society and public opinion, are united in their desire to fulfil the Copenhagen criteria for EU membership and for the earliest possible accession to the EU; in which connection emphasises that it is not primarily a matter of complying with externally imposed requirements but rather of improving the candidate country's own future;

2.  Reaffirms its full support for the European perspective of the former Yugoslav Republic of Macedonia and of all the Western Balkan countries, which is essential for the stability, reconciliation and peaceful future of the region;

3.  Welcomes the fact that, seven years after the Ohrid Agreement, the country's Parliament adopted the law on the use of languages in administration and education; welcomes in particular the extended possibilities for higher education afforded by the opening of new faculties in various towns, including those with curricula in different languages; notes the improvement of the equitable representation of members of non-majority communities, notably in the public administration, the police and the military forces;

4.  Commends the progress made by the country in the dialogue on visa liberalisation, notably the high number of biometric travel and identity documents issued, the implementation of the integrated border management scheme and the establishment of a national visa information system; notes with satisfaction the progress made in the fight against trafficking in human beings, illegal migration and corruption, and calls on the government to continue the efforts in this field; welcomes the implementation of the readmission agreement with the EU and calls for closer cooperation with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex), the European Police Office (Europol) and the European Union's Judicial Cooperation Unit (Eurojust); takes note of the difficulties faced by the citizens of the former Yugoslav Republic of Macedonia due to the non-recognition of its passports by one EU Member State; and calls on the Commission, given the progress achieved, to recommend to the Council as soon as possible visa liberalisation for citizens of the former Yugoslav Republic of Macedonia, and the abolition of visa requirements;

5.  Commends the efforts made by the government of the former Yugoslav Republic of Macedonia in the economic field, which have resulted in significant progress in fulfilling the economic criteria, thus bringing the country closer to a functional market economy; welcomes in particular the facilitation of the tax payment procedures, reform of one-stop-shop registration, foreign trade facilitation and the cutting of red tape; encourages the government to continue its policies aimed at stable GDP growth, a low inflation rate, fiscal discipline and a strengthening of the overall business climate;

6.  Observes that, after a series of attempts to disrupt the parliamentary elections on 1 June 2008, particularly in the north-west of the country, the government took effective measures, by means of a partial repeat of elections and effective monitoring of procedures, to arrive at correct election results; welcomes the opening of court proceedings aimed at penalising the perpetrators of the election improprieties; commends the adoption of amendments to the Electoral Code broadly in accordance with the recommendations of the Organisation for Security and Cooperation in Europe and the Office for Democratic Institutions and Human Rights, and trusts that everything possible will be done to prevent any attempts to disrupt future elections, such as the presidential and local elections in March 2009;

7.  Welcomes the progress achieved in the establishment of necessary structures for decentralised management of Pre-accession Assistance (IPA); supports the efforts made by the government to build up administrative capacities that will permit implementation of the Commission's decision to entrust the management of IPA to the national authorities;

8.  Observes that, like most EU Member States, the former Yugoslav Republic of Macedonia, following a widely supported decision by its Parliament, recognised, at the same time as Montenegro, the independence of the country's neighbour Kosovo, despite the difficulties which this might cause in the short term to the desired preservation of good relations with another neighbouring country, Serbia; welcomes the agreement reached with the Kosovo authorities concerning the demarcation of the border;

9.  Notes that the increased interest in Serbia, which in 2009 could result in the status of candidate for membership of the EU being conferred on it, must not result in any slackening of interest in the former Yugoslav Republic of Macedonia within the EU or in a further slowing of the progress of the accession process;

10.  Observes that the former Yugoslav Republic of Macedonia is taking steps to meet the criteria for membership of the EU, and takes account of the progress made in the implementation of the Stabilisation and Association Agreement signed in 2001, and of the Ohrid Framework Agreement and the recent progress in the implementation of the Commission's benchmarks; regrets however that, three years after it was granted the status of candidate for membership of the EU, accession negotiations have not yet started, which is an unsustainable situation having demotivating effects for the country, and risks destabilising the region; considers it desirable that this exceptional situation should end; urges that the process be accelerated, and recalls that Parliament in its above-mentioned resolution of 23 April 2008 expressed the hope that a decision would be taken in 2008 concerning the commencement of accession negotiations, recognising that any remaining obstacles to an early accession will have to be eliminated during the years in which the forthcoming negotiations take place; urges the Council to accelerate this process by deciding on a date for the beginning of accession negotiations, during the current year, pending full implementation of the key priorities of the Accession Partnership;

11.  Reiterates, in accordance with the conclusions of the European Council held on 19 and 20 June 2008 and those of the General Affairs and External Relations Council held on 8 and 9 December 2008, the importance for the former Yugoslav Republic of Macedonia, as an EU candidate country, to continue to foster good neighbourly relations and to seek to resolve outstanding issues with its neighbours, including a negotiated and mutually acceptable solution on the name issue, on the basis of its international undertakings and its bilateral and multilateral commitments and obligations;

12.  Supports the efforts of mediator Matthew Nimetz within the UN, as envisaged by the above-mentioned UN Security Council resolutions S/RES/817 and S/RES/845 of 1993, aimed at resolving the differences that have arisen over the constitutional name of the state in order to reach final agreement between the former Yugoslav Republic of Macedonia and Greece as soon as possible, on the basis of his proposal of 6 October 2008 as to how the distinction between the various areas which belong to different states but have in common the fact that they are called Macedonia can be clarified internationally; realises that this proposal is viewed with hesitation by both parties; takes note of the appointment of the new negotiator for the former Yugoslav Republic of Macedonia; requests both parties to remain committed to the talks under the auspices of the UN and to reach a compromise solution, so that the issue does not continue to represent an obstacle to the former Yugoslav Republic of Macedonia's membership of international organisations, as provided for in the above-mentioned Interim Accord of 1995, which is still in force; warns that unless agreement is reached quickly between the two states, this could result in a long delay in the former Yugoslav Republic of Macedonia joining the EU; takes the view that such outstanding bilateral issues in the Balkans should not obstruct accession or take precedence over the process of European integration;

13.  Takes note of the application filed by the former Yugoslav Republic of Macedonia with the International Court of Justice concerning Article 11 of the Interim Accord; expresses the hope that the former Yugoslav Republic of Macedonia and Greece remain committed to continuing the negotiations despite the legal proceedings instituted before the International Court of Justice concerning the application of the Interim Accord; in view of the new round of negotiations announced under the "Nimetz process", expresses the hope that all governments in the neighbourhood will support the integration of this country in the EU, thus contributing to the stability and prosperity of the region;

14.  Welcomes the efforts of the authorities of the former Yugoslav Republic of Macedonia to work together with neighbouring EU Member States with a view to reviewing possible discrepancies and misinterpretations of history that may cause disagreements, and urges promotion of the joint celebration of the common cultural and historic heritage shared between the country and its neighbours; is concerned about the lack of progress in countering the resurgence of "hate speech", particularly in the media and the education system, against neighbouring states, and continues to urge the government to ensure public compliance with relevant EU and Council of Europe standards;

15.  Observes that, in a democracy, interaction occurs between the government and the opposition in which there is always room for conflicting opinions, attention is paid to alternative solutions and there is scope for establishing majorities in favour of a change of policy, and that it is important to ensure that sections of the population do not become afraid that this tolerance will decline if one party has a parliamentary majority, which has been the case in the former Yugoslav Republic of Macedonia since the last parliamentary elections;

16.  Urges that members of the public who submit complaints about abuses of power and/or corruption be issued with a document clearly certifying that they have done so; welcomes the existing practice of informing citizens of the action taken on their complaint and of the ultimate result, and the fact that these complaints are registered in a clear and uniform manner by the police and judicial authorities;

17.  Calls on the Government of the former Yugoslav Republic of Macedonia to step up the fight against the links between organised crime in the former Yugoslav Republic of Macedonia, Montenegro, Kosovo and Albania;

18.  Deplores the fact that the new law of 20 September 2007 on the legal status of a church, a religious community and a religious group, has not yet resulted in adherents of different faiths feeling that they have the same opportunities to confess and propagate their faith and to own, use and establish buildings for these purposes as do the two denominations which have traditionally been the largest in the country, namely the 'Macedonian' Orthodox Church and Islam; recalls that the authorities have a duty to protect tolerance towards those whose convictions are different and the right to religious diversity;

19.  Regrets the increasing pressure placed on the media by the government forces, in particular during the election campaign; calls for preservation of independent and diverse information by radio and television, in which connection the various opinions which exist within society should remain visible, both by preserving the editorial freedom of those who purvey information and by avoiding the establishment of close links between commercial broadcasters and particular parties or politicians; is also concerned about the great financial dependency of newspapers and TV channels on government advertising and the income that it generates, which may detract from a critical journalistic approach;

20.  Observes that, even since the adoption of amendments to the Employment Law of 2005, it is still not clear how the various co-existing trade unions can conclude legally valid contracts with the government and entrepreneurs, in particular given the current obligation for trade unions to represent 33% of the employees concerned before they can become contracting partners, which is an obstacle to diversity and leads interested parties constantly to call into question the membership levels of these trade unions;

21.  Calls on the Government of the former Yugoslav Republic of Macedonia rapidly to develop new refuse disposal sites, to close and clear old refuse disposal sites, in the meantime developing practical measures to update the integrated waste cycle, including differentiated waste collection, inter alia by syndicates, and to establish waste-to-energy plants and waste-to-fuel plants;

22.  Calls for the quality and level of the water in the border lakes Ohrid, Prespa and Dojran to be improved and preserved and for effective agreements on the matter with neighbours Albania and Greece; also welcomes the proposed draft law on water management and urges that it be considered by its Parliament without delay;

23.  Has noted with alarm the negative effects on human beings and the environment of the OKTA oil refinery that is in operation in the town of Ilinden near Skopje and is regarded as the country's biggest polluter;

24.  Warns that, without new investment in storage, treatment and transport of water, the continuity of the urban drinking water supply may be jeopardised;

25.  Asks the Government of the former Yugoslav Republic of Macedonia to relaunch the process of liberalisation and privatisation of local public services, paying particular attention to the electricity production, transport and distribution industries;

26.  Regrets that the functioning of the railway network has deteriorated over recent years; notes, in particular, that both the frequency of domestic rail passenger services and connections to neighbouring countries have been reduced to a minimum and that the rolling stock in use is less suitable for passenger services over relatively short distances, so that new investment will be necessary if rail passenger services are to survive in future; regrets the lack of progress with regard to the construction of the railway connection between the former Yugoslav Republic of Macedonia and Bulgaria, which would contribute to the economic development and stability of the region as a whole;

27.  Encourages the Government to accelerate planning and production from renewable sources with regard, in particular, to solar and wind energy; in this regard, calls on the Skopje authorities to make every effort to develop an energy policy in line with the targets of the EU and to support the EU's position at the forthcoming conference in Copenhagen on a post-Kyoto treaty;

28.  Is concerned about the rise in the large number of reports of victims of domestic violence and urges that a separate law be passed against such violence in addition to the Family Law which already exists, to make it possible for the public prosecutor to prosecute perpetrators of domestic violence;

29.  Is alarmed at the disadvantaged position of the Roma minority in the country, in the light inter alia of the most recent report by Amnesty International, according to which 39% of Roma women receive little or no schooling, 83% have never been in official paid employment and 31% suffer from chronic illnesses – percentages which are structurally higher than the average for non-Roma women;

30.  Welcomes the progress made so far in the political representation of the Roma; at the same time, urges the government to accelerate, and to provide adequate resources for, the implementation of the existing Roma policies;

31.  Joins the United Nations High Commissioner for Refugees (UNHCR) in welcoming the fact that so far none of the minorities who have fled from Kosovo whose members have not acquired permanent resident status have been compelled to leave, and hopes that agreement will soon be reached between the government and the UNHCR on responsibility for financially supporting this group;

32.  Given that the international financial crisis has reached Europe and may have an indirect effect on trade and foreign investment in the Western Balkans, calls on the Commission to be vigilant and, if necessary, to adopt adequate measures in order to guarantee the smooth continuation of the Stabilisation and Association Process concerning the former Yugoslav Republic of Macedonia, as well as the other Western Balkan countries, which is an important factor for stability in the region and in the best interests of the EU itself;

33.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Government and Parliament of the former Yugoslav Republic of Macedonia.

(1) OJ L 80, 19.3.2008, p. 32. (2) Texts adopted, P6_TA(2008)0363. (3) Texts adopted, P6_TA(2008)0172. (4) OJ C 263 E, 16.10.2008, p. 402. (5) OJ C 263 E, 16.10.2008, p. 402. (6) OJ L 334, 19.12.2007, p. 120. (7) OJ L 334, 19.12.2007, p. 1.

European Parliament recommendation to the Council of 12 March 2009 on the mandate of the International Criminal Tribunal for the former Yugoslavia (2008/2290(INI))

P6_TA(2009)0136 A6-0112/2009

The European Parliament,

–   having regard to the proposal for a recommendation to the Council, submitted by Annemie Neyts-Uyttebroeck and others on behalf of the ALDE Group, on the mandate of the International Criminal Tribunal for the former Yugoslavia ("the Tribunal") (B6-0417/2008), covering the republics that make up the territory that was, until 25 June 1991, the Socialist Federal Republic of Yugoslavia, i.e. Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, Serbia, Kosovo and Slovenia,

–   having regard to the fact that the Tribunal is a United Nations court of law, operating in Europe and dealing with European issues, set up in 1993 as a temporary institution specifically to investigate serious violations of international humanitarian law committed in the former Yugoslavia since 1991 and to prosecute those responsible,

–   having regard to the fact that, at the time, the domestic judicial systems in the former Yugoslavia were not able or willing to investigate and prosecute those most responsible,

–   having regard to the fact that the Tribunal has indicted 161 individuals, that it has completed proceedings against 116 accused, that currently numerous accused are at different stages of proceedings before the Tribunal, that only five accused remain in the pre-trial stage, awaiting the commencement of their trials, and that out of the indicted individuals only two of them, Ratko Mladić and Goran Hadžić, still remain at large(1),

–   having regard to resolutions S/RES/1503 (2003) and S/RES/1534 (2004) of the UN Security Council calling upon the Tribunal to take all possible measures to complete all its work by the end of 2010 ("the completion strategy"),

–   having regard to the fact that the dates envisaged in the completion strategy are target dates and not absolute deadlines,

–   having regard to the six-monthly assessments submitted by the President and Prosecutor of the Tribunal, pursuant to paragraph 6 of UN Security Council resolution S/RES/1534 (2004), on the progress made towards implementation of the completion strategy,

–   having regard to resolution A/RES/63/256 of the UN General Assembly, on a comprehensive proposal on appropriate incentives to retain staff of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia, adopted by consensus on 23 December 2008,

–   having regard to the considerable and consistent support for the Tribunal and its work from the EU and its Member States,

–   having regard to the fact that full cooperation with the Tribunal has become a central benchmark in the EU's policy towards the countries of the Western Balkans,

–   having regard to its resolution of 15 January 2009 on Srebrenica(2),

–   having regard to Rules 114(3) and 83(5) of its Rules of Procedure,

–   having regard to the report of the Committee on Foreign Affairs (A6-0112/2009),

A.   whereas the Tribunal, situated in The Hague, and its work deserve the continuing full support of the EU and its Member States,

B.   whereas the Tribunal has delivered precedent-setting judgments on genocide, war crimes and crimes against humanity, and whereas it has already made a significant contribution to the process of reconciliation in the Western Balkans, thus contributing to the restoration and maintenance of peace in the region,

C.   whereas full cooperation with the Tribunal has been one of the strict conditions set by the EU in its contractual engagement with countries in the region,

D.   whereas the Tribunal has contributed to laying the foundations for new norms in conflict resolution and post-conflict development worldwide, has provided lessons for potential future ad hoc tribunals, and has shown that efficient and transparent international justice is possible, and whereas its contribution to the development of international criminal law is widely recognised,

E.   whereas some of the indictments, decisions and judgments issued by the Tribunal have been regarded as controversial in, and beyond, different parts of the Western Balkans; whereas valuable lessons can be learned from these reactions, which will form part of the legacy of the Tribunal, but whereas they also underscore the need for an Appeals Chamber as well as an outreach programme,

F.   whereas the Tribunal continues to conduct a wide range of outreach activities with the aim of bringing its work closer to the countries concerned, including facilitating the coverage of trials by the local media, direct community outreach by its officials on the ground and capacity-building efforts with national judicial institutions dealing with war crimes, as well as a number of projects that seek to identify best practices,

G.   whereas the above-mentioned UN Security Council resolutions S/RES/1503 (2003) and S/RES/1534 (2004) called on the Tribunal and the International Criminal Tribunal for Rwanda to complete all investigations by the end of 2004, all first-instance trials by the end of 2008, and all work by 2010; whereas, however, the Tribunal has indicated that it will be unable to complete the first-instance trials before late 2009, also because of the great number of appeals; whereas, therefore, a new decision of the UN Security Council is needed in order to extend the mandate of the Tribunal,

H.   whereas the Tribunal has taken the initiative of devising a plan which was endorsed by the UN Security Council in the above-mentioned resolutions and has become known as the "completion strategy", the purpose of which is to ensure that it concludes its mission successfully, in a timely way and in coordination with domestic legal systems in the countries concerned,

I.   whereas the plan consists of three phases and target dates for the completion of the Tribunal's mandate, and whereas the current goal is to complete all proceedings (trials and appeals) by 2011, with a slight spill-over into 2012; whereas, in order to achieve these results, the Tribunal is focussing on the most senior leaders suspected of being responsible for crimes committed within its jurisdiction, has transferred cases brought against intermediate and low-level accused to competent national jurisdictions, and has pursued joint trials of defendants, although care must be taken to ensure that joinder does not impinge on the rights of the accused; whereas national prosecutors and courts can and are also initiating and handling numerous cases themselves, but some national courts may be unable or unwilling to conduct criminal proceedings in accordance with international standards and norms of fair trial, and transfer to national courts has in some cases been met with resistance from victims and witnesses directly involved,

J.   whereas the three Trial Chambers and the Appeals Chamber of the Tribunal have maintained full productivity and are hearing multi-accused cases; whereas the referral of cases to competent national jurisdictions has had a substantial impact on the overall workload of the Tribunal, but whereas factors beyond its control have caused certain delays and further unforeseen delays cannot be ruled out,

K.   whereas, too, the two remaining indictees, Ratko Mladić and Goran Hadžić, must be brought to justice, and whereas their apprehension will depend on the mandatory cooperation of States, pursuant to Article 29 of the Statute of the Tribunal, including in the search for and arrest and transfer of fugitives as well as the production of evidence located in, for example, domestic archives, and whereas the arrest and transfer of fugitive indictees and the production of evidence have not always been forthcoming,

L.   whereas Article 21 of the Statute of the Tribunal provides for the right of any accused person to be tried in his presence and whereas the Tribunal thus would not be able, even if it were in possession of abundant evidence, to proceed in absentia,

M.   whereas the commitment of the Tribunal to the expeditious completion of its mandate is recognised, but whereas the outstanding cases must be tried without being subject to unrealistic time pressures, since such pressures might prejudice the right of the accused to a fair trial; whereas no shortcuts can be taken that might further jeopardise the safety and wellbeing of victims and witnesses testifying before the Tribunal, and whereas the target date envisaged for the Tribunal's completion strategy cannot mean impunity for the two remaining fugitives or undue time pressures for the ongoing trials,

1.  Addresses the following recommendations to the Council:

2.  Instructs its President to forward this recommendation to the Council and, for information, to the Commission, the governments and parliaments of the Member States, the United Nations Security Council and the President of the International Criminal Tribunal for the former Yugoslavia.

(1) Letter from the President of the International Tribunal to the UN Security Council, S/2008/729, 24 November 2008. (2) Texts adopted, P6_TA(2009)0028.

European Parliament resolution of 12 March 2009 on water in the light of the 5th World Water Forum to be held in Istanbul on 16-22 March 2009

P6_TA(2009)0137 B6-0113/2009

The European Parliament,

–   having regard to the ministerial declarations of the first four World Water Fora, held in Marrakech (1997), The Hague (2000), Kyoto (2003) and Mexico (2006),

–   having regard to the Statement of the Dublin Conference on Water and Sustainable Development (1992), which recommends adopting integrated water management and recognises the value of water in all its uses and introduces the principle of water pricing,

–   having regard to resolution A/RES/58/217 of the UN General Assembly declaring the period 2005-2015 International Decade for Action "Water for Life" and declaring 22 March of each year "World Water Day",

–   having regard to the ministerial declaration of the International Conference on Freshwater held in Bonn in 2001, which stresses the urgent need to stimulate new financing from every possible category of investor and the need to strengthen public funding of water through the contribution of private capital, while encouraging action at local level,

–   having regard to the Monterrey Conference held in 2002, which introduced the concept of a Global Water Partnership as a multidimensional dialogue among equals extending to businesses, financial institutions and civil society, an initiative that was taken up by the New Partnership for Africa's Development (NEPAD) and the G8 in Genoa in 2001, as well as by the Africa Partnership Forum in 2003,

–   having regard to the "United Nations Economic Commission for Europe" (UNECE) Convention, which was adopted in Helsinki in 1992 and entered into force in 1996, and which provides a legal framework for regional cooperation on the protection and use of transboundary watercourses and international lakes,

–   having regard to the UN World Summit on the Millennium (New York, 6-8 September 2000) which drew up the Millennium Development Goals (MDGs), which provided for the halving by 2015 of the proportion of people without sustainable access to safe drinking water,

–   having regard to the Zaragoza Charter of 2008 "A New Comprehensive Vision of Water" and the recommendations of the Water Tribune adopted on 14 September 2008, the closing day of the 2008 Zaragoza International Exhibition and forwarded to the Secretary-General of the United Nations,

–   having regard to the second UN World Water Development Report, entitled 'Water, a shared responsibility',

–   having regard to its resolution of 11 March 2004 on the Internal Market Strategy - Priorities 2003-2006(1), paragraph 5 of which states that, 'since water is a shared resource of mankind, the management of water resources should not be subject to the rules of the internal market',

–   having regard to the UNDP "Human Development Report 2006" concerning "water between power and poverty" in which it demonstrated that poverty, rather than the physical shortage of water, is the main reason for which over one billion people are being denied access to water,

–   having regard to its resolution of 15 March 2007 on local authorities and development cooperation(2),

–   having regard to its resolution of 15 March 2006 on the Fourth World Water Forum in Mexico City (16-22 March 2006)(3),

–   having regard to the major initiatives by European civil society regarding water and the right of access to drinkable water for all, organised within the European Parliament, namely the World Water Assembly for Elected Representatives and Citizens (AMECE, 18-20 March 2007) and "Peace with Water" - "faire la Paix avec l'Eau" (12-13 February 2009) and the "Memorandum for a World Water Protocol" which was discussed,

–   having regard to Oral Question B6-0113/2009 to the Commission on the 5th World Water Forum in Istanbul from 16 to 22 March 2009,

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

A.   whereas the shortage of water and sanitation is causing 8 million deaths a year, whereas more than one billion people have no convenient access to drink water at an acceptable price and whereas around two-and-a-half billion have no access to sanitation,

B.   whereas 2,8 billion people live in places affected by water tress and whereas this figure will rise to 3,9 billion by 2030,

C.   whereas poor populations are the most vulnerable to climate change and are also least capable of adapting to it,

D.   whereas multinational industries and agro-business are the main users of fresh water in the world (70% worldwide), for which the price is ridiculously low; whereas the over-exploitation of water resources has aggravated and spread more widely the process of water contamination and the general deterioration of soil quality resulting in a higher incidence of drought of an increasingly structural nature,

E.   whereas rational water services and management should determine a level of pricing that avoids overuse by some sectors and should allow investments to maintain and improve infrastructure, combined with flanking measures to ensure equitable water distribution and government support to enable poor families to pay for their basic water needs,

F.   whereas general water subsidies, resulting in artificially low water prices, lead to overuse by some sectors and are one of the main causes of water shortage,

G.   whereas water distribution is extremely unequal, while it should be a fundamental and universal right, and whereas it is most appropriately determined and managed at local level,

H.   whereas liberalisation and deregulation of water distribution in developing countries, and in particular in the Least Developed Countries (LDCs), without a proper accompanying regulatory framework, can result in price increases that hit the poorest and reduce their access to water,

I.   whereas, however, public-private partnerships, that must combine tight and transparent regulations, public ownership and private investment, must be directed towards improved access to water and sanitation for all, as well as more cost-efficient use,

J.   whereas the main obstacles to efficient water management are the low political and financial priority given to water, poor management, an inadequate legal framework, a lack of transparency in negotiating and awarding contracts, corruption and a lack of discussion of price levels,

K.   whereas, according to the Organisation for Economic Cooperation and Development (OECD), the share of official development assistance (ODA) devoted to water and sanitation is only 9 % of bilateral ODA and 4,5 % of multilateral ODA and whereas distribution is unsatisfactory since the LDCs, which are the most needy, have only received 24 % of funding,

L.   whereas the World Water Forum, which meets every three years, provides an opportunity for discussion and shaping global policy decisions on management of water and water resources, and regretting that to date, initiatives by the World Water Forum have not been included to any great degree in the work of the United Nations,

1.  Declares that water is a shared resource of mankind and that access to drinking water should constitute a fundamental and universal right; calls for all necessary efforts to be made to guarantee access to water for the most deprived populations by 2015;

2.  Declares that water is considered as a public good and should be under public control, irrespective of whether it is managed partly or entirely by the private sector;

3.  Stresses that any water management policy should also cover the protection of public health and the environment; stresses also that the World Water Forum should help in a democratic, participative and consensual manner to develop strategies conducive to a type of economic and agricultural development that can guarantee a high level of water quality;

4.  Calls for the abandonment of systems of general water distribution subsidies, which undermine incentives for efficient water management by creating overuse, to free up funds for targeted subsidies, in particular for poor and rural populations, aimed at affordable access for all;

5.  Stresses the value of establishing shared water management bodies where countries share a common basin in order to create or strengthen forms of solidarity conducive to the appeasement of tensions and the resolution of conflicts;

6.  Draws attention to the vital role of women as regards supply, management and conservation of water;

7.  Calls on the Member States, despite the financial crisis, to increase their contribution to ODA in order to achieve the Millennium Development Goal relating to supplies of drinking water, for which the investment requirement amounts to an annual sum of USD 180 000 000 000;

8.  Calls for the resources of the European Water Fund for African, Caribbean and Pacific (ACP) countries to be strengthened within the 10th EDF and for new forms of funding, including private funding and innovative partnerships, in particular solidarity-based financing, to be developed;

9.  Takes the view that bilateral ODA should support some multilateral measures such as the African Water Initiative;

10.  Considers that ODA should be used in conjunction with the resources of local authorities, voluntary donations, bank loans and private capita, to ensure that funding for the water sector is as comprehensive as possible;

11.  Stresses the need to create guarantee mechanisms that can be set up by financial and development institutions to counter investors' caution on the water market;

12.  Points out that, in its tasks of determining policies and the necessary resources, selecting partners and allocating responsibilities, while delegating implementation measures to local authorities, the State is still a major player in water policy;

13.  Stresses that water resource management should be based on a decentralised, participative and integrated approach involving users and decision-makers in the definition of water policy at local level;

14.  Calls on the Commission to develop water awareness programmes in the Union and in the partner countries;

15.  Stresses the need to support local public authorities in their efforts to implement a democratic water management policy that is efficient, transparent, regulated and respectful of sustainable development objectives in order to meet the needs of communities;

16.  Calls on the Council and the Commission to recognise the vital role of local authorities in water protection and management, so as to ensure that they are given responsibility in all countries for management of the water sector and regrets the fact that the competences of EU local authorities are insufficiently valued and exploited by European co-financing programmes;

17.  Calls therefore on the Council and the Commission to encourage EU local authorities to devote a proportion of the levies collected from users for the water supply and sanitation services to decentralised cooperation measures;

18.  Calls, in the context of retained public ownership and within the right legal regulatory framework, for increased efforts to engage the private sector in water distribution, in order to benefit from its capital, know-how and technology to increase access to water and sanitation facilities for all and the recognition of access to water as a fundamental right;

19.  Considers that it is the states' responsibility to incorporate small private service providers in their national water supply strategies;

20.  Considers that systems of public-private partnerships, whereby the public authorities retain the ownership of the infrastructure and conclude a management contract with the private sector, can be one way of improving affordable access to water and sanitation;

21.  Stresses the importance of promoting new approaches such as the irrigation of rural areas and the creation of green belts around towns, in order to strengthen food security and local autonomy;

22.  Considers that the role of non-governmental organisations working on the ground as intermediaries with local communities is an essential additional element in guaranteeing the success of projects in poor countries;

23.  Hopes that cross-subsidies can be introduced to enable the most disadvantaged, in terms of access to water, to be supplied with water at an affordable price;

24.  Is convinced that local savings can also be used, and that this requires governments to remove all legal, tax and administrative obstacles which may stand in the way of local financial markets;

25.  Calls on the Commission and the Member States to adopt a water management aid policy, based on the principle of universal, fair and non-discriminatory access to safe water;

26.  Calls on the Commission and the Member States to facilitate and support the efforts of developing countries in adapting to and reducing the impact of climate change; recalls, in this connection, the importance of rapidly setting up the Global Climate Change Alliance;

27.  Calls for the issues relating to water management, water resources and the right of access to water for all to be included on the agenda of the COP 15 agreements in Copenhagen (7-18 December 2009) regarding the future of the Kyoto Protocol, in the light of the work done by the "Intergovernmental Panel on Climate Change" (IPCC) experts;

28.  Stresses the importance of taking account of the needs of the poor in devising water supply and management policies, with special reference to communities most vulnerable to climate change;

29.  Calls on the Presidency to represent the Union at the Istanbul Forum, with a mandate to:

30.  Wishes to see the opening of negotiations, under United Nations auspices, on an international treaty recognising the right of access to drinking water; calls on the EU Member States and the Union Presidency to take political and diplomatic initiatives in this direction in the UN General Assembly and Human Rights Council;

31.  Instructs its President to forward this resolution to the Council, the Commission, the ACP-EU Council of Ministers, the United Nations Secretary-General and the general secretariat of the International Committee for the Global Water Contract.

(1) OJ C 102 E, 28.04.2004, p. 857. (2) OJ C 301 E, 13.12.2007, p. 249. (3) OJ C 291 E, 30.11.2006, p. 294.

European Parliament resolution of 12 March 2009 on an approach to "EC development assistance to health services in sub-Saharan Africa"

P6_TA(2009)0138 B6-0114/2009

The European Parliament,

–   having regard to Court of Auditors Special Report No 10/2008 on EC Development Assistance to Health Services in sub-Saharan Africa,

–   having regard to the Millennium Declaration of the United Nations of 18 September 2000, which sets out the Millennium Development Goals (MDGs) as criteria established collectively by the international community for the elimination of poverty,

–   having regard to the Commission Communication of 7 October 2005 entitled "Speeding up progress towards the Millennium Development Goals – The European Union's contribution" (COM(2005)0132),

–   having regard to the Programme of Action adopted in 1994 by the International Conference on Population and Development(1),

–   having regard to the resolution adopted on 22 November 2007 by the 14th ACP-EU Joint Parliamentary Assembly on access to healthcare and medicines, with a particular focus on neglected diseases(2),

–   having regard to the Strategy Paper for the Thematic Programme 2007–2013 entitled "Investing in People", based on Regulation (EC) 1905/2006 establishing a financing instrument for development cooperation,

–   having regard to the World Health Organisation (WHO) World Health Report 2008 entitled "Primary Health Care – Now More Than Ever",

–   having regard to its resolution of 20 June 2007 on the Millennium Development Goals - the midway point(3) and its resolution of 4 September 2008 on Maternal Mortality ahead of the UN High Level Event on the Millennium Development Goals, 25 September 2008(4),

–   having regard to Oral Question to the Commission on Court of Auditors report No 10/2008 on EC Development Assistance to Health Services in sub-Saharan Africa (O-0030/2009 - B6-0016/2009),

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

A.   whereas EC funding for the health sector has not increased as a proportion of its total development assistance since 2000 despite the Commission's commitment to the MDGs and the health crisis in sub-Saharan Africa,

B.   whereas the EC has not made systematic arrangements to guarantee that there is sufficient health expertise to implement its health policy adequately,

C.   whereas, while the current design of general budget support includes links to the health sector, its implementation has not gone far enough in exploring those links and addressing the needs of the poorer sections of the population,

D.   whereas sector budget support, which focuses on the health sector, has been little used by the Commission in sub-Saharan Africa,

E.   whereas half the population of sub-Saharan Africa is still living in poverty, and whereas Africa is the only continent that is not progressing towards the MDGs, especially the three health-related MDGs – on infant mortality, maternal mortality and the fight against HIV/AIDS, tuberculosis and malaria – which are crucial to addressing poverty but are the least likely to be achieved by 2015,

F.   whereas, despite sustainability problems observed in health-related projects, this aid delivery method has proved useful in supporting the health sector in sub-Saharan Africa,

G.   whereas every year 3,5 million children die before their fifth birthday as a result of diarrhoea and pneumonia,

1.  Considers that weak health systems, including the human resources crisis, are a major barrier to the achievement of the health-related MDGs, and stresses that strengthening health systems should be an essential element in poverty reduction; believes that basic healthcare infrastructure needs stable, long-term financial support if the health-related MDGs are to be delivered;

2.  Considers that, with a view to reaching better health outcomes and attaining the internationally agreed health development goals, a common commitment is needed; in this context, welcomes the commitment on the part of the developing countries to work towards the target of 15 % of national budgets as investment for health in accordance with the commitments made by African leaders in Abuja, Nigeria, in April 2001 (the Abuja 15 % target); regrets that the EC allocated only 5,5 % of total assistance under the ninth European Development Fund (EDF) to health;

3.  Urges the Commission to strengthen its support for health services in sub-Saharan Africa and to review the balance of the EC funding with a view to prioritising health system support;

4.  Urges the Commission to increase the funds allocated to the health sector at the mid-term review of the 10th EDF, regardless of a necessarily comprehensive strategy which includes support to sectors that have a wider impact on health outcomes, such as education, water and sanitation, rural development and governance;

5.  Stresses that the undertaking given in the context of the Development Cooperation Instrument (DCI) to devote 20 % of funds to health and basic education by 2009 should apply to all European development policy spending, including the EDF, in order to be coherent; asks the Commission to inform Parliament's competent committees, by 10 April 2009, what percentage, broken down by country, of the total development assistance allocated to sub-Saharan Africa was committed for basic and secondary education and basic health;

6.  Asks the Council to bring the EDF within the EU budget, as repeatedly called for by Parliament, which would allow greater policy coherence and parliamentary oversight of development spending;

7.  Urges the Commission to ensure that there is sufficient health expertise to play an effective role in the health sector dialogue by seeing to it that all delegations where health is a focal sector have health specialists, by working more closely in post-conflict countries with European Community Humanitarian Aid department (ECHO) health advisers, by forming closer partnerships with the WHO in order to draw on their expertise, and by entering into formal agreements with the EU Member States to use their expertise; asks the Commission to send to Parliament's competent committees, by 10 April 2009, an overview of the respective number of health and education experts it has made available in the region, at delegation level as well as in its headquarters, and a precise timetable/overview for 2009 and 2010 indicating how it intends to increase this number and where those persons will be located, so that the Commission replies can be taken into account in the discharge procedure for 2007;

8.  Asks the Commission to provide technical assistance support to the Global Fund to Fight AIDS, Tuberculosis and Malaria (GFATM) at country level in the preparation of grant applications and in the implementation of grant contracts and to provide feedback to EC headquarters in order to ensure that it plays an effective role on the GFATM's executive board;

9.  Urges the Commission to increase its capacity in terms of staff and resources, both at headquarters and at delegation level, in order to support its health strategy in the countries concerned and to ensure the effectiveness of the GFATM disbursements; and calls for a greater prioritisation of easily preventable diseases, such as diarrhoeal diseases, which could be largely avoided by the simple means of universal access to soap and appropriate hand-washing awareness-raising campaigns;

10.  Urges the Commission also to make greater use of general budget support for strengthening healthcare with performance indicators of progress towards the Abuja 15 % target and execution rates (specific public finance management and procurement weakness), technical assistance on health-sector policy dialogue and sound statistical systems;

11.  Confirms that MDG contracts have the potential to ensure sustainable, long-term investment in health in developing countries and to help them achieve the MDGs, but only if the Commission ensures that MDG contracts concentrate primarily on the health and education sectors; underlines, however, that the MDG contracts are only part of the solution when it comes to improving aid effectiveness and accelerating progress towards achievement of the health MDGs; urges the Commission also to develop alternative approaches, especially for those countries not yet eligible for MDG contracting, which are often further away from achieving the health MDGs and have the greatest need for increased development aid;

12.  Asks the Commission to use targets that directly measure the outcome of policies and to put in place mechanisms and monitoring tools to ensure that an adequate proportion of general budget support aid supports basic needs, particularly in health; stresses that this must be accompanied by support for capacity-building; calls on the Commission to inform Parliament by the end of 2009 what steps it has taken;

13.  Calls for capacity-building in all ministries with a view to ensuring greater effectiveness in the area of health through budget support spending, as country ownership is too often limited to ministries of finance;

14.  Urges the Commission to make greater use of sector budget support; asks the Commission to review the general requirement that sector budget support can only be used if health is a focal sector and to reconsider its current distribution of resources between sector budget support and general budget support;

15.  Calls on the Commission to provide support for scrutiny of budget support by parliaments, civil society and local authorities in order to ensure a strong and clear link between budget support aid and the achievement of the MDGs;

16.  Deplores the fact that only in a limited number of partner countries (six) was health selected as a focal sector under the tenth EDF; urges the Commission systematically to encourage countries to increase national health budgets through the use of performance indicators by targeting such increases in its general Budget Support Financing Agreements;

17.  Calls on the Commission to play a much stronger role as a facilitator of dialogue between the partner country governments and civil society, the private sector and the national parliaments;

18.  Urges the Commission to establish and disseminate clear guidance on when each of the instruments should be utilised and how they can be used in combination to maximise synergy; calls on the Commission to ensure there is coherence between the different financial instruments, taking into account the situation in individual countries, in order to ensure progress on health-related MDGs;

19.  Insists that the Commission and the Member States apply the EU Code of Conduct on Division of Labour Development Cooperation to ensure that health spending and programmes are better coordinated and to ensure a sharper focus on neglected aid-orphan countries, including countries in crisis and fragile states;

20.  Calls on the Commission, in close cooperation with the Court of Auditors, to identify how the weaknesses noted in the Court of Auditors Report can be addressed and to report on the outcome of these discussions to Parliament's competent committees by the end of 2009;

21.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Court of Auditors, and the governments and parliaments of the African countries concerned.

(1) A/CONF.171/13/Rev.1. (2) OJ C 58, 1.3.2008, p. 29. (3) OJ C 146 E, 12.6.2008, p. 232. (4) Texts adopted: P6_TA(2008)0406.

European Parliament resolution of 12 March 2009 on the implementation of the Single Euro Payments Area (SEPA)

P6_TA(2009)0139 B6-0111/2009

The European Parliament,

–   having regard to the joint statement from the Commission and the European Central Bank of 4 May 2006 on the Single Euro Payments Area,

–   having regard to the European Central Bank Occasional Paper No 71 of August 2007 on the economic impact of the Single Euro Payments Area,

–   having regard to Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market(1) (Payment Services Directive),

–   having regard to the Commission proposal of 13 October 2008 for a regulation of the European Parliament and of the Council on cross-border payments in the Community (COM(2008)0640),

–   having regard to the sixth SEPA Progress Report of the European Central Bank of November 2008,

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

A.   whereas the Single Euro Payments Area (SEPA) is to be an integrated market for payment services, which is subject to effective competition and in which there is no distinction between cross-border and national payments in euro,

B.   whereas SEPA is not only a self-regulatory initiative by the European Payments Council (EPC), but also a major public policy initiative reinforcing the Economic and Monetary Union and the Lisbon Agenda; whereas SEPA is supported by the Payment Services Directive, which provides the necessary harmonised legal framework; and whereas the success of SEPA is, therefore, a matter of particular interest to Parliament,

C.   whereas migration to SEPA officially started on 28 January 2008 with the launch of the SEPA payment instrument for credit transfer, while the SEPA Cards Framework has been in force since 1 January 2008, and the SEPA Direct Debit scheme is scheduled to start on 1 November 2009,

D.   whereas no legally binding end-date for migration to SEPA instruments has been set, and whereas all parties involved now agree that setting such an end-date is imperative for SEPA to be successful,

E.   whereas migration to SEPA has been sluggish: by 1 October 2008, only 1,7 % of total transactions had been made by way of the SEPA Credit Transfer format,

F.   whereas it is important that all relevant stakeholders - legislators, the banking industry and payment services users (in particular the public sector, which is a mass volume user of payment products) - contribute to achieving SEPA,

G.   whereas the use of SEPA instruments merely for cross-border payment transactions would not result in the success of the SEPA project, as fragmentation would persist and anticipated benefits for the banking industry as well as for its customers could not be realised,

H.   whereas on 4 September 2008, the Commission and the European Central Bank indicated to the EPC that they would be prepared to support the idea of a multilateral interchange fee (MIF) for cross-border direct debits within the framework of SEPA on condition that such fees were objectively justified and applicable only for a limited period,

I.   whereas the Commission has pointed out concerns about existing MIF, and the industry has difficulties devising a proper solution,

J.   whereas the application of a MIF should also be resolved with regard to an EU card solution based on the SEPA Cards Framework,

K.   whereas the continued legal validity of existing direct debit mandates should be ensured, as the obligation to sign new mandates when switching from national direct debit schemes to the SEPA Direct Debit scheme would be burdensome;

1.  Emphasises its continued support for the creation of SEPA, which is subject to effective competition and in which there is no distinction between cross-border and national payments in euro;

2.  Calls on the Commission to set a clear, appropriate and binding end-date, which should be no later than 31 December 2012, for migrating to SEPA instruments, after which all payments in euro must be made using the SEPA standards;

3.  Calls on the Commission to provide for legal clarity as regards the application of a MIF for cross-border direct debits, in particular the definition of a transitional period at the end of which it should be possible for MIFs to be maintained provided that they respect Commission guidelines that should be adopted as soon as possible and be based on the transparency and comparability principles as well as on the observation of costs of, and charges for, the services rendered by the payment services providers;

4.  Calls on the Commission to clarify further the issue of MIF for card payments;

5.  Calls for increased efforts to find appropriate solutions in the Member States to ensure the continued legal validity of existing direct debit mandates in the SEPA Direct Debit scheme;

6.  Calls on Member States to encourage their public administrations to use SEPA instruments as soon as possible and to give them a catalytic role in the migration process;

7.  Calls on the Commission to ensure that the migration to SEPA instruments will not result in a more expensive payment system for citizens of the Union;

8.  Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank and the governments and parliaments of the Member States.

(1) OJ L 319, 5.12.2007, p. 1.

European Parliament recommendation to the Council of 12 March 2009 on the European Union-Brazil Strategic Partnership (2008/2288(INI))

P6_TA(2009)0140 A6-0062/2009

The European Parliament,

–   having regard to the proposal for a recommendation to the Council by Véronique De Keyser on behalf of the PSE Group on the European Union-Brazil Strategic Partnership (B6-0449/2008),

–   having regard to Title V of the Treaty on European Union,

–   having regard to the Framework Agreement for Cooperation between the European Economic Community and the Federative Republic of Brazil(1),

–   having regard to the Interregional Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part(2),

–   having regard to its resolution of 15 November 2001 on a global partnership and a common strategy for relations between the European Union and Latin America(3),

–   having regard to its resolution of 27 April 2006 on a stronger partnership between the European Union and Latin America(4),

–   having regard to the Commission Communication entitled "Towards an EU-Brazil Strategic Partnership" (COM(2007)0281),

–   having regard to the Joint Statement issued by the First EU-Brazil Summit in Lisbon on 4 July 2007,

–   having regard to its resolution of 24 April 2008 on the Fifth Latin America and Caribbean-European Union Summit in Lima(5),

–   having regard to the Lima Declaration issued at the Fifth Latin America and Caribbean (LAC)-European Union Summit in Lima, Peru, on 16 May 2008,

–   having regard to the Joint Statement issued by the Second EU-Brazil Summit in Rio de Janeiro on 22 December 2008,

–   having regard to Rule 114(3) of its Rules of Procedure,

–   having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A6-0062/2009),

A.   whereas Brazil has become an increasingly significant regional and global player and has emerged as a key interlocutor for the EU,

B.   whereas Brazil and the European Union are partners who share the same world vision, and can promote changes and solutions worldwide,

C.   whereas the First EU-Brazil Summit launched the EU-Brazil Strategic Partnership, on the basis of the parties' close historic, cultural and economic links, and the Second EU-Brazil Summit adopted a Joint Action Plan to be a framework for action in their Strategic Partnership over a three-year period,

D.   whereas the partners share fundamental values and principles such as democracy, the rule of law, the promotion of human rights and fundamental freedoms, a market economy and social cohesion, which constitute basic pre-conditions for developing the Strategic Partnership,

E.   whereas priorities on the agendas of both regions have been changed by, inter alia, political and economic integration processes, the increasing rate of economic globalisation and the importance of the debate on democracy, human rights and the environment,

F.   whereas Brazil has been at the forefront of South American integration through the establishment of the Union of South American Nations (UNASUR),

G.   whereas the Strategic Partnership will provide a significant boost to the establishment, by the year 2012, of the Euro-Latin American area of global interregional partnership proposed by Parliament in its above-mentioned resolution of 27 April 2006,

H.   whereas the establishment of the Euro-Latin American Parliamentary Assembly (EuroLat) was a decisive step towards strengthening the democratic legitimacy and political dimension of EU-Latin American relations, and whereas the future accession of the Mercosur Parliament to that Assembly will strengthen EuroLat in its role as a permanent forum for political dialogue between the two regions,

1.  Addresses the following recommendations to the Council:

2.  Instructs its President to forward this recommendation to the Council and, for information, to the Commission and to the governments and parliaments of the Member States, as well as to the President and the National Congress of the Federative Republic of Brazil.

(1) OJ L 262, 1.11.1995, p. 54. (2) OJ L 69, 19.3.1996, p. 4. (3) OJ C 140 E, 13.6.2002, p. 569. (4) OJ C 296 E, 6.12.2006, p. 123. (5) Texts adopted, P6_TA(2008)0177. (6) Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (OJ L 378, 27.12.2006, s. 41).

European Parliament recommendation to the Council of 12 March 2009 on an EU-Mexico Strategic Partnership (2008/2289(INI))

P6_TA(2009)0141 A6-0028/2009

The European Parliament,

–   having regard to the proposal for a recommendation to the Council, submitted by José Ignacio Salafranca Sánchez-Neyra on behalf of the PPE-DE Group, on an EU-Mexico Strategic Partnership (B6-0437/2008),

–   having regard to the Commission communication of 15 July 2008 entitled 'Towards an EU-Mexico Strategic Partnership' (COM(2008)0447),

–   having regard to its resolution of 11 October 2007 on the murder of women (feminicide) in Mexico and Central America and the role of the European Union in fighting the phenomenon(1),

–   having regard to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other(2), signed on 8 December 1997 ('the Global Agreement'),

–   having regard to the declarations of the five summits of heads of state and government of the European Union, Latin America and the Caribbean (EU-LAC), held to date in Rio de Janeiro (28 and 29 June 1999), Madrid (17 and 18 May 2002), Guadalajara (28 and 29 May 2004), Vienna (12 and 13 May 2006) and Lima (16 and 17 May 2008),

–   having regard to the joint communiqué of the Fourth Mexico-EU summit held in Lima, dated 17 May 2008,

–   having regard to the joint communiqué of the Eighth meeting of the EU-Mexico Joint Committee, held in Mexico City on 13 and 14 October 2008,

–   having regard to the joint declaration of the Seventh meeting of the EU-Mexico Joint Parliamentary Committee (JPC) held in Mexico City on 28 and 29 October 2008,

–   having regard to the conclusions of the General Affairs and External Relations Council of 13 October 2008,

–   having regard to the message from the Euro-Latin America Parliamentary Assembly (EuroLat) to the Fifth EU-LAC Summit dated 1 May 2008,

–   having regard to its resolution of 24 April 2008 on the Fifth Latin America and Caribbean-European Union Summit in Lima(3),

–   having regard to the San Salvador Declaration adopted at the 18th Iberoamerican Summit of Heads of State and Government, held on 29, 30 and 31 October 2008,

–   having regard to its resolution of 14 February 2006 on the human rights and democracy clause in European Union agreements(4),

–   having regard to Rules 114(3) and 83(5) of its Rules of Procedure,

–   having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on International Trade (A6-0028/2009),

A.   whereas Mexico and the EU share a set of fundamental values, common principles and historical and cultural links,

B.   whereas respect for democratic principles and human rights, as enshrined in the democracy clause, are an essential element of both the Strategic Partnership and the Global Agreement, and must be applied by both parties,

C.   whereas Mexico is increasingly consolidating its political weight on the international stage, as is confirmed at world level by its recent nomination as a non-permanent member of the UN Security Council (for 2009-2010), and at regional level by its presidency of the Pro-Tempore Secretariat of the Rio Group (for 2008-2010),

D.   whereas it is important that the EU recognise Mexico's contribution to the multilateral system, given that multilateralism is one of the basic principles which both parties, Mexico and the EU, have undertaken to promote in the international sphere,

E.   whereas Mexico has embarked on a scheme of structural reforms in strategic sectors and has become the world's tenth-largest economy, a member of the G20 and of the G5 (Brazil, China, India, South Africa and Mexico), and is, furthermore, the only Latin American member of the OECD,

F.   whereas Mexico has a population of over 100 million, with a marked preponderance of youth given that 45% of Mexicans are aged under 20, and occupies an important geostrategic position as a bridge both between North and South America and between the Caribbean and the Pacific,

G.   whereas the Global Agreement has three pillars: political dialogue, the gradual creation of a free-trade area, and cooperation; whereas, in addition, since that agreement came into force in 2000 relations between the two sides have been marked by deepening and consolidation, both politically and in the trade and cooperation fields,

H.   whereas at the Lima Summit the EU and Mexico underlined the positive development in trade and investment flows under the Global Agreement,

I.   whereas, both bilaterally and in the framework of the Global Agreement, the EU and Mexico have strengthened their contacts at all levels and as regards all institutions, notably in the parliamentary field and in the context of the EU-Mexico Joint Parliamentary Committee and EuroLat,

J.   whereas the proposal for a Strategic Partnership comes at a time of international financial and economic crisis, and there is a risk of this crisis affecting the economic and social balance of the bilateral relationship,

K.   whereas the deepening of EU-Mexico relations can help enhance the consensus between the EU and its Latin American partners on regional and global issues, facilitating the joint promotion of their shared interests and values in international and regional forums,

L.   whereas the Strategic Partnership needs to be conceived as marking a qualitative leap in EU-Mexico relations, at two different levels: multilaterally, in terms of mutual coordination on issues of world importance, and bilaterally, via the development of their relations and of particular initiatives,

M.   whereas the processes of political and economic integration, the increasing spread of economic globalisation and the importance of the debate on democracy, human rights and the environment, inter alia, have changed the priorities in the agenda of both regions,

N.   whereas Mexico's strategic situation and its network of trade agreements mean that it is of great strategic importance for European exports, the EU being its second source of foreign investment,

O.   whereas the Mexico-EU Free Trade Area (FTA) plays an important role in the EU's bilateral relations since its scope is very comprehensive (covering goods, services, procurement, competition, intellectual property rights, investment and related payments),

P.   whereas Mexican emigration to the EU, inter alia, is one of the most important and sensitive issues for Mexico, given the high number of Mexican immigrants, many of them highly skilled, in the Union,

1.  Makes the following recommendations to the Council:

2.  Instructs its President to forward this recommendation to the Council and, for information, to the Commission, and to the governments and parliaments of the EU Member States and the Government and Congress of the United Mexican States.

(1) OJ C 227 E, 4.9.2008, p. 140. (2) OJ L 276, 28.10.2000, p. 45. (3) Texts adopted, P6_TA(2008)0177. (4) OJ C290 E, 29.11.2006, p. 107.

European Parliament resolution of 12 March 2009 on the 50th anniversary of the Tibetan uprising and dialogue between His Holiness the Dalai Lama and the Chinese Government

P6_TA(2009)0142 RC-B6-0135/2009

The European Parliament,

–   having regard to its previous resolutions on China and Tibet, in particular its resolutions of 10 April 2008 on Tibet(1) and 10 July 2008 on the situation in China after the earthquake and before the Olympic Games(2),

–   having regard to the statement made by His Holiness the Dalai Lama to the European Parliament on 4 December 2008,

–   having regard to the statement on Tibet made by the US Administration and the European Union at the US-EU Summit on 10 June 2008,

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

A.   whereas March 2009 marks the 50th anniversary of His Holiness the Dalai Lama's flight from Tibet and the beginning of his exile in India,

B.   whereas eight rounds of dialogue between the envoys of His Holiness the Dalai Lama and representatives of the Chinese Government have produced no breakthrough and no further talks are planned,

C.   whereas the Memorandum on Genuine Autonomy for the Tibetan People, produced at the request of the Chinese Government and presented by envoys of His Holiness the Dalai Lama at the eighth round of talks in November 2008 in Beijing, respects the principles underpinning the Chinese Constitution and the territorial integrity of the People's Republic of China, but was rejected by the Chinese Government as an attempt at 'semi-independence' and 'independence in disguise',

D.   whereas His Holiness the Dalai Lama has appealed for non-violence, was awarded the Nobel Peace Prize in 1989 for his efforts and is not calling for the independence of Tibet but for the resumption of negotiations with the Chinese authorities, so as to reach a comprehensive political agreement on genuine autonomy, within the context of the People's Republic of China,

E.   whereas over the last few days the Chinese authorities have tightened security in Tibet, with journalists and foreigners being banned from visiting the region and permits already issued to foreigners cancelled, implementing a 'strike hard' campaign against the Tibetan people,

F.   whereas a large number of monks of the monastery of An Tuo, in the Chinese province of Qinghai, were arrested on 25 February 2009 during a peaceful march on the occasion of the Tibetan New Year,

1.  Urges the Chinese Government to consider the Memorandum for Genuine Autonomy for the Tibetan People of November 2008 as a basis for substantive discussion leading towards positive, meaningful change in Tibet, consistent with the principles outlined in the Constitution and laws of the People's Republic of China;

2.  Calls on the Council to ascertain what exactly happened during the negotiations between the People's Republic of China and the envoys of His Holiness the Dalai Lama;

3.  Calls on the Council Presidency, on the occasion of the 50th anniversary of the exile of His Holiness the Dalai Lama to India, to adopt a declaration calling on the Chinese Government to open a constructive dialogue with a view to reaching a comprehensive political agreement and to include a reference to the Memorandum for Genuine Autonomy for the Tibetan People;

4.  Condemns all acts of violence, whether they are the work of demonstrators or disproportionate repression by the forces of law and order;

5.  Calls on the Chinese Government to release immediately and unconditionally all those detained solely for engaging in peaceful protest, and to account for all those who have been killed or gone missing, and all those detained and the nature of the charges against them;

6.  Asks the Chinese authorities to provide foreign media access to Tibet, including the Tibetan areas outside the Tibet Autonomous Region, and to abolish the system of special permits required for access to the Tibet Autonomous Region;

7.  Urges the Chinese authorities to grant UN human rights experts and recognised international non-governmental organisations unimpeded access to Tibet so that they can investigate the situation there;

8.  Urges the Council Presidency to take the initiative of including the question of Tibet on the agenda for a meeting of the General Affairs Council with a view to discussing how the EU could facilitate progress on a solution for Tibet;

9.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the President, Government and Parliament of the People's Republic of China, and His Holiness the Dalai Lama.

(1) Texts adopted, P6_TA(2008)0119. (2) Texts adopted, P6_TA(2008)0362.

European Parliament resolution of 12 March 2009 on Guinea-Bissau

P6_TA(2009)0143 RC-B6-0115/2009

The European Parliament,

–   having regard to the EU Presidency statement of 2 March 2009 on the tragic events in Guinea-Bissau,

–   having regard to the presidential elections of June and July 2005 and the parliamentary elections of 16 November 2008 in Guinea-Bissau,

–   having regard to the United Nations Security Council statement of 3 March 2009 on the current political crisis in Guinea-Bissau,

–   having regard to the statement of the Commission of the African Union (AU) of 2 March 2009,

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

A.   whereas on 2 March 2009 President of Guinea-Bissau João Bernardo Vieira was shot by renegade soldiers, the day after a bomb attack which killed the army's chief of staff, General Batista Tagmé Na Waié; whereas the killings have removed two very powerful figures and rivals who had escaped several assassination attempts in the past four months,

B.   whereas the attacks have not been seen as a coup, and whereas the AU's Peace and Security Council has not suspended Guinea-Bissau as it did neighbouring Guinea and Mauritania after coups last year,

C.   whereas the recently elected Speaker of the National People's Assembly, Raimundo Pereira, was sworn in as President for a limited period pending elections, as stipulated by the Constitution; whereas Raimundo Pereira has appealed to the international community to help stabilise the country,

D.   whereas Guinea-Bissau's decades of political instability have led the country into a deep crisis, marked by a lack of access to clean water, health and education and by civil servants in many ministries facing months of wage arrears, and whereas the country is one of a handful of states on the agenda of the United Nations (UN) Peacebuilding Commission, which aims to help poor countries avoid sliding back into war or chaos; whereas the assassinations have come at a time of increased EU and international engagement aimed at building a democratic and stable Guinea-Bissau,

E.   whereas since June 2008 the EU has been providing advice and assistance in support of security sector reform in Guinea-Bissau through its ESDP mission "EU Security Sector Reform (SSR) Guinea-Bissau",

F.   whereas the November 2008 parliamentary elections were an important test for Guinea-Bissau, whose transition to democratic rule badly needed fresh impetus; whereas the elections were praised by both citizens and international observers, particularly by the EU Election Observation Mission, and paved the way for enhanced UN support for the country's peace-building efforts; whereas, during the election period, the military kept out of the electoral process and remained committed to guaranteeing a peaceful environment,

G.   whereas the assassinations appear to be related to political tension stemming from old rivalries, ethnic divisions and instability in the military ranks, and the ever-increasing presence of drug trafficking interests in the country, making up a very complex and dangerous background situation that constantly undermines the ability of the country to recover,

H.   whereas Guinea-Bissau faces a drug trafficking problem and serves as major drugs transit point between South America and Europe, and whereas drug trafficking constitutes a serious threat to the political stability of the country,

I.   whereas the growing evidence of drug trafficking in and through the region shows how it has become a major danger to the whole of West Africa and also already poses a huge threat to the European Union by affecting neighbouring regions,

1.  Strongly condemns the assassinations of the President of Guinea-Bissau, João Bernardo Vieira, and the army's chief of staff, General Tagmé Na Waié;

2.  Offers its sincere condolences to the families of the late President João Bernardo Vieira and the late General Tagmé Na Waié and to the people of Guinea-Bissau;

3.  Urges the Guinea-Bissau authorities to thoroughly investigate these crimes and to bring those responsible to justice, and calls on the international community to exert all the necessary influence and to provide all the support required to achieve that objective; points out that the cases involving the assassinations of Generals Ansumane Mané (2000) and Veríssimo Correia Seabra (2004) have not yet been cleared up, nor have the respective killers been located, indicted and tried; stresses that impunity is not an answer;

4.  Welcomes the army's pledge to respect Guinea-Bissau's Constitution, and urges strict respect for the country's constitutional order;

5.  Urges all the parties to resolve their disputes by political and peaceful means within the framework of Guinea-Bissau's institutions and opposes any attempt to change the government by unconstitutional means;

6.  Hopes that presidential elections will be held within 60 days, as stipulated in the Constitution, and calls on the Member States and the international community to make sure Guinea-Bissau receives the financial and technical support it needs in order to conduct credible elections;

7.  Stresses that there is a danger that Guinea-Bissau will remain unstable and unable to cope with rampant corruption or change its status as a key drugs transit country as long as its institutions remain structurally weak;

8.  Calls on the Council, the Commission, the Member States, the United Nations, the AU, the Economic Community of West African States (ECOWAS), the Community of Portuguese-Speaking Countries (CPLP) and other members of the international community to monitor developments in Guinea-Bissau, to assist in preserving its constitutional order and to continue to support peace-building efforts in the country;

9.  Calls for immediate talks between the various political factions in the country with a view to producing a programme to which all stakeholders commit, which would include speeding up security sector reform, a revised electoral law, public administration reform, anti-corruption measures, macroeconomic stabilisation and consultation with civil society about national reconciliation;

10.  Welcomes the decision taken on 3 March 2009 by ECOWAS to despatch a ministerial delegation to Guinea-Bissau, comprising ministers from Nigeria, Burkina Faso, Cape Verde, the Gambia and Senegal, accompanied by the President of the ECOWAS Commission, and the similar decision taken the same day by the CPLP to send a political mission to Guinea-Bissau, led by the Portuguese Secretary of State for Foreign Affairs and Cooperation, both involving all stakeholders in an effort to restore confidence among political actors, security forces and civil society and return the country to constitutional normality;

11.  Draws attention, with deep concern, to the threat that the transhipment of drugs from as far afield as Colombia and Afghanistan and human trafficking poses to the consolidation of peace in Guinea-Bissau and to the stability of the West African region, and calls on the United Nations agencies, with appropriate support from ECOWAS, to develop a regional plan of action to address this challenge;

12.  Calls on the UN Peacebuilding Commission to help keep promised donor aid (both financial and technical) flowing, in particular for security sector and administrative reforms and the fight against drug trafficking;

13.  Calls on the Council and Commission to keep providing advice and assistance in support of the security sector reform in Guinea-Bissau through its ESDP mission "EU SSR Guinea-Bissau" and to report on the progress already achieved;

14.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Secretaries-General of the UN and ECOWAS, the AU institutions, the ACP-EU Joint Parliamentary Assembly, the CPLP Secretariat and the Government and Parliament of Guinea-Bissau.

European Parliament resolution of 12 March 2009 on the Philippines

P6_TA(2009)0144 RC-B6-0121/2009

The European Parliament,

–   having regard to the Declaration of 15 September 2008 by the Presidency on behalf of the EU on the situation in Mindanao,

–   having regard to the appeal issued by the Ambassadors of the European Union and the United States of America and the Australian Embassy's deputy head of mission on 29 January 2009,

–   having regard to the third session of the Tripartite Review of the implementation of the 1996 Peace Agreement between the Moro National Liberation Front (MNLF) and the Government of the Republic of the Philippines (GRP) from 11 to 13 March 2009,

–   having regard to the Hague Joint Declaration by the GRP and the National Democratic Front of the Philippines (NDFP) of 1 September 1992 and the First and Second Oslo Joint Statements of 14 February and of 3 April 2004,

–   having regard to the Commission's Country Strategy Paper 2007-2013 for the Philippines, the programme of support to the Peace Process under the Stability Instrument and the negotiations for a Partnership and Cooperation Agreement between the EU and the Philippines,

–   having regard to its previous resolutions on the Philippines, notably that of 26 April 2007(1), and reaffirming its support for the peace negotiations between the GRP and NDFP as expressed in its resolutions of 17 July 1997(2) and 14 January 1999(3),

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

A.   whereas several armed groups, notably the Moro Islamic Liberation Front (MILF), have been combating government troops in the southern part of the Philippines since 1969, in one of Asia's longest-running insurgencies,

B.   whereas the conflict between the GRP and the insurgents of the NDFP has claimed more than 40 000 lives and sporadic violence has continued despite the 2003 ceasefire and peace talks,

C.   whereas hostilities between government forces and the MILF in Mindanao resumed in August 2008 after the Supreme Court of the Philippines declared unconstitutional the Memorandum of Agreement between the MILF and the GRP on the Ancestral Domain, which would have given substantial autonomy to the Bangsamoro nation,

D.   whereas the renewed fighting has killed over one hundred and displaced approximately 300 000 people, many of whom are still in evacuation centres,

E.   whereas Malaysia, the peace facilitator, withdrew its ceasefire monitors from Mindanao in April 2008 due to the lack of progress in the peace process, but is willing to reconsider its role if the GRP clarifies its negotiating position,

F.   whereas peace talks between the GRP and the NDFP have stalled since 2004 and whereas the Norwegian Government has made great efforts to encourage both sides to resume formal talks,

G.   whereas hundreds of activists, trade unionists, journalists and religious leaders in the Philippines have been killed or abducted since 2001 and the GRP denies any involvement of the security forces and the army in these political killings, despite ample evidence to the contrary,

H.   whereas there were several cases in 2008 in which local courts found the arrest and detention of activists to be unlawful and ordered their release, but where those same people were subsequently rearrested and charged with rebellion or murder,

I.   whereas the judiciary in the Philippines is not independent, while lawyers and judges are also subject to harassment and killings; whereas witness vulnerability makes it impossible to effectively investigate criminal offences and prosecute those responsible for them,

J.   whereas, in the case of most of these extrajudicial killings, no formal criminal investigation has been opened and the perpetrators remain unpunished despite many government claims that it has adopted measures to stop the killings and bring their perpetrators to justice,

K.   whereas in April 2008 the UN Human Rights Council examined the situation in the Philippines and stressed the impunity of those responsible for extrajudicial killings and enforced disappearances, but the GRP rejected recommendations for a follow-up report,

L.   whereas in order to put an end to abductions and extrajudicial killings it is necessary to address the economic, social and cultural root causes of violence in the Philippines,

1.  Expresses its grave concern about the hundreds of thousands of internally displaced people in Mindanao, calls on the GRP and the MILF to do all in their power to bring about a situation which allows people to return home, and calls for enhanced national and international action to protect and to work towards the rehabilitation of the displaced persons;

2.  Believes strongly that the conflict can only be resolved through dialogue, and that the resolution of this long-standing insurgency is essential for the sake of the overall development of the Philippines;

3.  Calls on the GRP to urgently resume peace negotiations with the MILF and to clarify the status and future of the Memorandum of Agreement after the above-mentioned Supreme Court ruling; welcomes the GRP's announcement that it intends to drop preconditions for the resumption of talks;

4.  Welcomes the talks, facilitated by Norway, between the GRP and the NDFP in Oslo in November 2008 and hopes, in this case also, that formal negotiations can rapidly resume; calls on the parties to comply with their bilateral agreements for the JMC, to meet in accordance with the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) and to allow joint investigations of human rights violations;

5.  Calls on the Council and the Commission to provide and facilitate support and assistance to the parties in implementing the CARHRIHL, notably through development, relief and rehabilitation programmes;

6.  Calls on the European Council and the Commission to support the GRP in its efforts to advance the peace negotiations, including by means of facilitation if requested, as well as through support for the International Monitoring Team responsible for overseeing the ceasefire between the military and the MILF;

7.  Suggests that the role of the International Monitoring Team could be enhanced through a stronger mandate for investigations and through an agreed policy of making its findings public;

8.  Calls on the GRP to increase development aid to Mindanao in order to improve the desperate living conditions of the local population and welcomes the financial support of more than EUR 13 million in food and non-food aid which the EU has given to Mindanao since fighting restarted in August 2008;

9.  Expresses its grave concern at the hundreds of cases of extrajudicial killings of political activists and journalists that have occurred in recent years in the Philippines, and the role that the security forces have played in orchestrating and perpetrating those murders;

10.  Calls on the GRP to investigate cases of extrajudicial executions and enforced disappearances; calls at the same time on the GRP to put into place an independent monitoring mechanism to oversee the investigation and prosecution of perpetrators of such acts;

11.  Calls on the GRP to adopt measures to end the systematic intimidation and harassment of political and human rights activists, members of civil society, journalists and witnesses in criminal prosecutions, and to ensure truly effective witness protection;

12.  Reiterates its request to the Philippine authorities to allow the UN special bodies dealing with human rights protection unrestricted access to the country; urges, also, the authorities to swiftly adopt and implement laws to incorporate the international human rights instruments (e.g. against torture and enforced disappearances) which have been ratified into national law;

13.  Calls on the Council and the Commission to ensure that the EU's financial assistance towards economic development in the Philippines is accompanied by scrutiny of possible violations of economic, social and cultural rights, with special attention being paid to encouraging dialogue and inclusion of all groups in society;

14.  Instructs its President to forward this resolution to the Council, the Commission, the President and Government of the Republic of the Philippines, the MILF, the NDFP, the UN High Commissioner for Human Rights and the governments of the ASEAN Member States.

(1) OJ C 74 E, 20.3.2008, p. 788. (2) OJ C 286, 22.9.1997, p. 245. (3) OJ C 104, 14.4.1999, p. 116.

European Parliament resolution of 12 March 2009 on expulsions of NGOs from Darfur

P6_TA(2009)0145 RC-B6-0127/2009

The European Parliament,

–   having regard to the Declaration by the Presidency on behalf of the European Union following the decision of the International Criminal Court (ICC) concerning the arrest warrant against Sudan's President Omar Hassan al-Bashir on 6 March 2009,

–   having regard to Commissioner Louis Michel's statement of 5 March 2009 on the expulsion of humanitarian NGOs from Sudan,

–   having regard to its previous resolutions on the situation in Sudan/Darfur, expressing in particular its continuing support for the ICC,

–   having regard to the Rome Statute of the ICC and its entry into force on 1 July 2002,

–   having regard to UN Security Council Resolution S/Res/1593 (2005), adopted on 31 March 2005, referring the situation in Darfur to the ICC,

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

A.   whereas on 4 March 2009 the ICC's Pre-Trial Chamber issued an arrest warrant against Sudan's President Omar Hassan al-Bashir in connection with alleged crimes against humanity and war crimes in Sudan's conflict-ridden province of Darfur,

B.   whereas, as a reaction to the ICC decision, the Sudanese Government decided to expel 13 leading NGOs from Darfur,

C.   whereas aid agencies in Darfur are running the largest humanitarian operation in the world; whereas the United Nations reports that up to 4.7 million people, including 2.7 million internally displaced people, are in need of assistance,

D.   whereas the expulsion of the aid agencies could lead to increased mortality and morbidity resulting from the interruption of health services and outbreaks of infectious diseases, such as diarrhoea and respiratory infections; whereas the consequences of the expulsion may include declining immunisation coverage and increasing mortality among children if they do not have access to therapeutic feeding and nutrition services,

E.   whereas the NGOs have been expelled at a time when their services are vitally needed, particularly as there is currently a meningitis epidemic in West Darfur; whereas the expulsion will leave sufferers with extremely limited or no access to medical treatment,

F.   whereas the UN's "Responsibility to Protect" doctrine provides that where national authorities manifestly fail to protect their populations, others have a responsibility to provide the protection needed,

G.   whereas the Government of Sudan, as a member of the United Nations, is obliged to cooperate with the ICC by virtue of Resolution S/Res/1593 (2005), which the Security Council adopted under its Chapter 7 powers,

H.   deeply dismayed by the fact that, since the issuing of the arrest warrant, the Government of Sudan has repeatedly refused to cooperate with the ICC and has indeed multiplied its acts of defiance towards the ICC and the international community,

1.  Strongly condemns the expulsion of 13 humanitarian aid agencies from Darfur in response to the international arrest warrant issued by the ICC against President al-Bashir on 4 March 2009;

2.  Demands the immediate and unconditional release of all the aid workers of the Belgian section of Médecines sans Frontières, who were kidnapped on 11 March 2009 in the offices of Médecines sans Frontières Belgium in Saraf Umra, 200 kilometres to the west of El-Facher, the capital of North Darfur;

3.  Is very concerned at the immediate impact of the expulsions on the provision of the humanitarian aid that is vital to hundreds of thousands of people;

4.  Demands that the Government of Sudan to immediately reverse its decision to expel the 13 aid agencies and allow them to continue their essential work in ensuring the survival of vulnerable populations in Darfur; calls on the Council and Commission to step up their efforts vis-à-vis the African Union, the League of Arab States and China to prevail upon the Sudanese Government to do so;

5.  Calls on the Sudanese Government to take positive steps to ensure that human rights defenders in Sudan are not persecuted if they speak favourably of the ICC decision, and to refrain from any harassment or intimidation of human rights defenders;

6.  Instructs its President to forward this resolution to the Council, the Commission, the EU Special Representative for Sudan, the Government of Sudan, the governments and parliaments of the Member States and the members of the UN Security Council, the African Union institutions, the institutions of the League of Arab States and the Prosecutor of the International Criminal Court.