European Parliament legislative resolution of 17 September 2009 on the proposal for a Council regulation derogating from Regulation (EC) No 1234/2007 ("Single CMO" Regulation) as regards the 2009 and 2010 intervention periods for butter and skimmed milk powder (COM(2009)0354 – C7-0103/2009 – 2009/0094(CNS))

P7_TA(2009)0014 A7-0005/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0354),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0103/2009),

–   having regard to Rule 55 and Rule 46(2) of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A7-0005/2009),

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 Article 2 a (new) Article 2a Amendment to Regulation (EC) No 72/2009 Point (8) of Article 4 of Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/20071 shall be deleted. _________ 1OJ L 30, 31.1.2009, p. 1.

European Parliament legislative resolution of 17 September 2009 on the proposal for a Council regulation amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006 and (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (COM(2009)0321 – C7-0093/2009 – 2009/0084(CNS))

P7_TA(2009)0015 A7-0004/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0321),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0093/2009),

–   having regard to Rules 55 and 46(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A7-0004/2009),

1.  Approves the Commission proposal;

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

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

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

European Parliament resolution of 17 September 2009 on the envisaged international agreement to make available to the United States Treasury Department financial payment messaging data to prevent and combat terrorism and terrorist financing

P7_TA(2009)0016 B7-0038/2009

The European Parliament,

–   having regard to Article 6(2) of the Treaty on European Union and Article 286 of the EC Treaty,

–   having regard to Articles 95 and 300 of the EC Treaty,

–   having regard to the European Convention on Human Rights, in particular Articles 5, 6, 7 and 8 thereof,

–   having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 7, 8, 47, 48 and 49 thereof,

–   having regard to Council of Europe Convention No 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data,

–   having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(1),

–   having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(2),

–   having regard to Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing(3) and Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds(4),

–   having regard to the Agreement on mutual legal assistance between the European Union and the United States of America of 25 June 2003, in particular Article 4 thereof (on identification of bank information)(5),

–   having regard to the US Terrorist Finance Tracking Program (TFTP) based on US Presidential Executive Order 13224(6), which, in the event of a national emergency, authorises notably the US Treasury Department to obtain, by means of "administrative subpoenas", sets of financial messaging data transiting over financial message networks such as the ones managed by the Society for Worldwide Interbank Financial Telecommunications (SWIFT),

–   having regard to the conditions established by the US Treasury Department to access the SWIFT data (as defined by the US representations(7)) and taking account of the information obtained by the Commission via the "eminent person" on the US authorities" compliance with the representations referred to above,

–   having regard to its previous resolutions inviting SWIFT to comply strictly with the EU legal framework, notably when European financial transactions take place on EU territory(8),

–   having regard to the negotiating directives for the Presidency of the Council and the envisaged international agreement between the EU and the US on the transfer of SWIFT data, which have been classified "EU Restricted",

–   having regard to the opinion of the European Data Protection Supervisor of 3 July 2009, which has been classified "EU Restricted",

–   having regard to Rule 110(2) of its Rules of Procedure,

A.   whereas SWIFT announced in October 2007 a new messaging structure to be operational by the end of 2009,

B.   whereas this change in messaging structure would have the consequence that the majority of the financial data that SWIFT had thus far been subpoenaed to transfer to the US Treasury Department's TFTP would no longer be made available to the TFTP,

C.   whereas on 27 July 2009 the Council unanimously adopted the negotiating directives for the negotiation by the Presidency, assisted by the Commission, of an international agreement with the US, on the basis of Articles 24 and 38 of the Treaty on European Union, to continue the transfer of SWIFT data to the US TFTP,

D.   whereas the negotiating directives, together with the legal opinion on the choice of legal basis issued the Council's Legal Service, have not been made public, since they are classified "EU Restricted",

E.   whereas the international agreement will provide for provisional and immediate application from the time of signature until entry into force of the agreement,

F.   whereas the EU itself does not have a TFTP in place,

G.   whereas access to data managed by SWIFT makes it potentially possible to detect not only transfers linked to illegal activities but also information on the economic activities of the individuals and countries concerned, and could thus be misused for large-scale forms of economic and industrial espionage,

H.   whereas SWIFT concluded with the United States Treasury Department a memorandum of understanding which narrowed the scope of data transferred and confined the scope of data searches to specific counter-terrorism cases, and subjected such transfers and searches to independent oversight and audit, including real-time monitoring,

I.   whereas any EU-US agreement must be conditional upon maintaining the protection which exists in the memorandum of understanding and the US Treasury representations, such as those that apply in the case of data subpoenaed from SWIFT's US operating centre by the US Treasury Department,

1.  Recalls its determination to fight terrorism and its firm belief in the need to strike the right balance between security measures and the protection of civil liberties and fundamental rights, while ensuring the utmost respect for privacy and data protection; reaffirms that necessity and proportionality are key principles without which the fight against terrorism will never be effective;

2.  Stresses that the European Union is based on the rule of law and that all transfers of European personal data to third countries for security purposes should respect procedural guarantees and defence rights and comply with data-protection legislation at national and European level(9);

3.  Reminds the Council and the Commission that, within the transatlantic framework of the EU-US agreement on legal assistance, which will enter into force on 1 January 2010, Article 4 provides for access to be granted to targeted financial data upon request, through national state authorities, and that this might constitute a sounder legal basis for the transfer of SWIFT data than the proposed interim agreement, and asks the Council and the Commission to explain the need for an interim agreement;

4.  Welcomes SWIFT's decision in June 2007 to relocate all intra-EU financial transfer data to two European operating centres; draws the Council's attention to the fact that this decision was taken in accordance with the Belgian Data Protection Authority and the request from the EU's Article 29 Working Party and in line with the view expressed by the European Parliament;

5.  Notes that the Council did not adopt the negotiation directives until almost two years after SWIFT announced the change in messaging structure;

6.  Is concerned that, with respect to the legal basis chosen for this envisaged agreement, the legal services of the institutions have expressed divergent opinions, and notes that the Council's Legal Service is of the opinion that it is a Community competence;

7.  Believes, to the extent that an international agreement is absolutely necessary, that it must as a very minimum ensure:

8.  Requests the Council and the Commission to clarify the precise role of the "public authority" to be designated with responsibility to receive requests from the US Treasury Department, taking into account in particular the nature of the powers vested in such an "authority" and the way in which such powers could be enforced;

9.  Requests the Council and the Commission to confirm that batches and large files such as those concerning transactions relating to the Single European Payment Area (SEPA) fall outside the scope of the data to be requested by or transferred to the US Treasury Department;

10.  Stresses that SWIFT is a key infrastructure for the resilience of Europe's payment systems and securities markets and should be not be unfairly disadvantaged vis-à-vis competing financial message providers;

11.  Underlines the importance of legal certainty and immunity for citizens and private organisations subject to data transfers under such arrangements as the proposed EU-US agreement;

12.  Notes that it may be useful for the Commission to evaluate the necessity of setting up a European TFTP;

13.  Requests the Commission and the Presidency to ensure that the European Parliament and all national parliaments will be given full access to the negotiation documents and directives;

14.  Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank, the governments and parliaments of the Member States and candidate countries, and the United States Government and the two Chambers of Congress.

(1) OJ L 281, 23.11.1995, p. 31. (2) OJ L 8, 12.1.2001, p. 1. (3) OJ L 309, 25.11.2005, p. 15. (4) OJ L 345, 8.12.2006, p. 1. (5) OJ L 181, 19.7.2003, p. 34. (6) Executive Order 13224 was issued by President Bush on September 23, 2001, pursuant to the International Emergency Economic Powers Act, 50 USC, sections 1701-1706. The President delegated his authority under the Executive Order to the Secretary of the Treasury. The Treasury issued the subpoenas to SWIFT pursuant to Executive Order 13224 and its implementing regulations. (7) Processing of EU originating Personal Data by United States Treasury Department for Counter Terrorism Purposes – "SWIFT" (OJ C 166, 20.7.2007, p. 18). (8) Resolution of 14 February 2007 on SWIFT, the PNR agreement and the transatlantic dialogue on these issues (OJ C 287 E, 29.11.2007, p. 349); resolution of 6 July 2006 on the interception of bank transfer data from the SWIFT system by the US secret services (OJ C 303 E, 13.12.2006, p. 843). (9) Notably the European Convention on Human Rights, in particular Articles 5, 6, 7 and 8 thereof, the Charter of Fundamental Rights, in particular Articles 7, 8, 47, 48 and 49 thereof, Council of Europe Convention No 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, Directive 95/46/EC and Regulation (EC) No 45/2001. (10) OJ L 164, 22.6.2002, p. 3.

European Parliament resolution of 17 September 2009 on the conclusion of a Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part

P7_TA(2009)0017 B7-0025/2009

The European Parliament,

–   having regard to its previous resolutions on Central Asia, in particular those of 23 October 2003 on Turkmenistan, including Central Asia(1), of 20 February 2008 on an EU Strategy for Central Asia(2), and of 14 February 2006 on the human rights and democracy clause in European Union agreements(3),

–   having regard to its position of 2 September 2008 on the proposal for a Council and Commission decision on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union(4),

–   having regard to the Partnership and Cooperation Agreements (PCAs) concluded between the EU and Uzbekistan, Kyrgyzstan and Kazakhstan, all of which have been in force since 1999,

–   having regard to the human rights clauses in those agreements,

–   having regard to the current framework for EU-Tajikistan relations, the Trade and Cooperation Agreement between the EU and the former Soviet Union, which will be replaced by a PCA once this has been ratified by all the EU Member States and by Tajikistan and once Parliament has given its assent,

–   having regard to the ratification of the PCA with Tajikistan by all the 27 EU Member States and by Tajikistan,

–   having regard to the Interim Agreement on trade and trade-related matters between the European Community and the European Atomic Energy Community, of the one part, and the Republic of Tajikistan, of the other part, signed on 11 October 2004 and in force since May 2005(5),

–   having regard to the adoption by the European Council of 21 and 22 June 2007 of an EU strategy for a new partnership with Central Asia,

–   having regard to the Joint Progress Report of June 2008 by the Council and the Commission to the European Council on the implementation of the EU Central Asia Strategy and its assessment that implementation of the strategy is well under way,

–   having regard to the European Council Action Plan (2007-2013) for an Energy Policy for Europe, adopted by the European Council of 8 and 9 March 2007,

–   having regard to its resolution of 26 September 2007 entitled 'Towards a common European foreign policy on energy'(6),

–   having regard to the first meeting of the official Human Rights Dialogue between the EU and Tajikistan held in October 2008 and to the list of recommendations from the meeting which are expected to be duly taken into account in ongoing legal reforms,

–   having regard to the first EU-Tajikistan civil society seminar on human rights held in Dushanbe on 10 and 11 July 2009, and to the human rights dialogue to be held in Dushanbe on 23 September 2009,

–   having regard to the EU-sponsored international conference on drugs held in Dushanbe in October 2008,

–   having regard to the exchange of views between the Committee on Foreign Affairs and President Emomali Rahmon of Tajikistan on 10 February 2009,

–   having regard to the Fourth Interparliamentary Meeting of the European Parliament and the Majlisi of Tajikistan, held in Dushanbe between 6 and 8 April 2009,

–   having regard to its position of 17 September 2009(7) on the conclusion of a PCA with Tajikistan,

–   having regard to Rule 110(2) of its Rules of Procedure,

A.   whereas the countries of Central Asia, of which Tajikistan is one, lie at a key intersection between Europe and Asia and, historically and traditionally, have represented an important meeting and transit point between the two continents,

B.   whereas the EU takes a very close interest in security and stability, the development and consolidation of democratic institutions and respect for human rights and the rule of law in the region, particularly since strategic, political and economic developments and the growing trans-regional challenges in Central Asia also have a direct and indirect bearing on the interests of the EU itself,

C.   whereas the new EU Strategy for Central Asia aims to improve political dialogue and strengthen ties between Europe and its Central Asian partners, in keeping with the values on which the EU is founded,

D.   whereas Tajikistan, with a common frontier running for more than 1300 km with Afghanistan, is a key regional player on the front line with Afghanistan in EU - and other international - efforts to combat drug trafficking, extremism and threats to regional security,

E.   whereas EU policy objectives vis-à-vis Tajikistan are primarily aimed at support for poverty reduction, good governance and reforms, and, regionally, for a more effective fight against drug trafficking and organised crime, and whereas the EU provides assistance for this, particularly through support for border management through its Border Management and Drug Action in Central Asia (BOMCA/CADAP) programmes,

F.   whereas the PCA with Tajikistan provides for commitments and cooperation on re-admission and on the control of illegal immigration; whereas a separate agreement should be concluded setting out the details of this cooperation,

G.   whereas the civil war that ended in 1997 destroyed infrastructure and institutions and ravaged Tajikistan's economy, leaving it the poorest of the former Soviet republics; whereas, although Tajikistan has seen a period of strong recovery in recent years, around 60 % of the population still lives in abject poverty, and healthcare and education in the poorer areas remain inaccessible; whereas Tajiks rely heavily on remittances from migrant workers, but whereas this income is seriously threatened by the economic crisis in the region, and it is, therefore, of the utmost importance to help Tajikistan develop a sustainable and sound domestic economic system,

H.   whereas Tajikistan has the highest birth rate in Central Asia, with almost 40 % of its population of 7,3 million being made up of young people aged under 15; whereas the development of a good education system is crucial for the future of the country,

I.   whereas Tajikistan's main economic drivers are cotton and aluminium production, but whereas prices for those commodities are falling on the world market; whereas Tajikistan has no oil and little gas and, despite its substantial hydroelectric reserves, has suffered severe energy shortages,

J.   whereas the institutional, legal and financial environment is not favourable to the development of Tajik businesses and needs significant encouragement,

K.   whereas Tajikistan is dependent on foreign aid and humanitarian assistance, and whereas nearly half the labour force works abroad, mainly in Russia, supporting families at home through remittances,

L.   whereas the dissolution of the Soviet Union has brought about a disruption of traditional economic relations and regional markets which is adding to the present economic slump; whereas the EU should make every effort to rebuild confidence between the countries of the region and, by so doing, facilitate the resumption of regional cooperation,

M.   whereas, in addition to receiving assistance under the Development Cooperation Instrument, Tajikistan also participates in several ongoing regional programmes,

N.   whereas, whilst apparently enjoying popular support, President Rahmon has systematically repressed all opposition and effectively done away with the power-sharing which the 1997 peace agreement was intended to guarantee,

O.   whereas the final election observation report of the OSCE/ODIHR (OSCE's Office for Democratic Institutions and Human Rights) noted a lack of genuine choice and meaningful pluralism in the 2006 presidential elections,

P.   whereas corruption is widely recognised as being endemic and pervasive at all levels, and whereas much of the international donor funding received is not directed to its proper purpose,

Q.   whereas civil society is still nascent, its genuine development has often been obstructed by the government and it has a long way to go before it can fulfil its potential for fostering human development in the country; whereas some activities by religious groups have been curtailed by the requirement to register with the State Committee on Religious Affairs and by other restrictive measures under a newly-adopted law on freedom of conscience and religious associations,

1.  Welcomes the fact that Tajikistan has made it clear that it is committed to cooperation with the EU, that it wishes to improve its levels of trade with the EU and to promote educational links, and that it will implement specific measures in key areas, such as social welfare, health, education, tackling corruption and improving human rights, in order to show that it takes those commitments seriously;

2.  Is aware of the strong sense of disappointment on the part of the Tajik Government that the PCA has not yet been concluded, particularly in view of the EU's position that, as political, economic, social and other conditions differ widely among the Central Asian states, it is absolutely essential for the EU to differentiate its policies accordingly; consequently, expresses its intention to give its assent, and looks forward to the PCA being concluded as soon as possible;

3.  Views its assent to the conclusion of the PCA as sending out a signal of willingness to engage with Tajikistan and of encouragement to Tajikistan to take all necessary steps towards the reforms that are desperately needed; however, draws the attention of Tajikistan above all to the conditionality implicit in the human rights/suspension clause;

4.  Takes the view that the full development of the PCA and the enhancement of bilateral relations should be based on an accurate and timely assessment of the progress made in the key areas and, in this respect, urges the Commission to define a clear set of benchmarks and conditions;

Economic situation

5.  Notes the severe economic difficulties facing Tajikistan and its fragile transport and energy infrastructure, and is seriously concerned that, as of May 2009, owing to the impact of the economic crisis and the inadequacies of the agricultural sector, 1,5 million people were in a situation of food insecurity;

6.  Urges the Tajik Government to address the supply-side root of the problem and to review its policy of over-ambitious projects which do nothing to address the fundamental and immediate needs of the people; at the same time, calls on it to strengthen regional markets and improve local production and to urgently implement food-support and job-creation programmes;

7.  Calls on the Tajik Government to address urgently the disastrous state of the education and health sectors, which threatens to create a new wave of social problems in coming generations and to undermine the future of the country;

8.  Notes, too, that chronic poverty is helping to fuel the drug trade, with some reports suggesting that 30-50 % of the country's economic activity is linked to narcotics trafficking;

9.  Urges Tajikistan to exploit its huge potential for hydroelectric power generation in a rational and democratic manner in view of concerns in downstream countries which traditionally rely on secure seasonal water flows; urges the Commission, in this regard, to make every effort to facilitate the development of joint projects which involve all regional actors potentially affected and are in line with EU standards;

10.  Urges Tajikistan to introduce structural changes to improve the investment climate for foreign firms;

11.  Urges Tajikistan to fully implement necessary economic reforms, with particular emphasis on the need to introduce agricultural reforms in order to enable farmers to be freed from debt and to move from a cotton monoculture into alternative forms of agriculture;

Political situation

12.  Recognises that Tajikistan is a relatively stable country, with no indication either of an external threat so far or of any well-organised local insurgency; notes, however, indications of some cracks in the regime (for example, in 2008, instances of violence and demonstrations in the autonomous mountain region of Badakhshan, and a recent security operation in the eastern Tavildara district involving government forces and armed former opposition groups and foreign militants) which have raised questions about the President's grip on power; equally, draws attention to fears that entrenched poverty, rampant corruption and an increasingly authoritarian government may increase the risk of future political, economic and social instability;

13.  Reminds Tajikistan of the Millennium Development Goals and of the EU's support for serious efforts to achieve progress in this area;

14.  Draws attention to the parliamentary structure in Tajikistan, which is dominated by the pro-presidential People's Democratic Party (PDP); deplores the fact that opposition parties have been sidelined and potential rivals imprisoned or exiled; with a view to the elections promised by the President for 2010, calls on the Tajik Government to honour its commitments with regard to democratisation by allowing the emergence of a genuine multi-party political system and revising the Electoral Law (e.g. to provide for non-partisan observers, the cancellation of the registration fee for candidates, and more transparency in the counting, tabulation and publication of the results of votes);

15.  Criticises the restrictions imposed on NGOs and the absence of influential and visible civil society activity in Tajikistan, since this absence could undermine future democratic development, and reiterates the need for significant reform and respect for human rights in all sectors of society;

16.  Notes that corruption is widely recognised as a major problem in Tajikistan, owing in part to the lack of a legal culture and the inability of the country to pay its civil servants properly; wishes to see evidence that the Law on Corruption, the Anti-Corruption Agency and the ambitious anti-corruption strategy for 2008-2012, now in place, are more than mere window-dressing;

17.  Calls on Tajikistan to institute a policy of complete transparency in the economic sector, including public accounting of all income from state-owned enterprises (both on-shore and off-shore), such as the Tajik Aluminium Company Talco and the power utility company Barqi Tojik, as well as transparency in cotton-sector financing;

Regional issues

18.  Stresses Tajikistan's geographical neighbourhood role vis-à-vis Afghanistan and the related issues of drugs, terrorism and extremism, and notes the potential for Tajikistan to create a modern, functioning state capable of acting as a firewall against the spread of extremism from Afghanistan and the region; stresses the importance of further engaging with Tajikistan with a view to helping it to operate as a stable, functioning state; points out that the fight against terrorism cannot be used as a pretext for the repression or intimidation of opposition forces and must be carried out with full respect for human rights and civil liberties;

19.  Notes that energy and water are key issues for human security and inter-state relations within Central Asia; draws particular attention to the energy dispute between Tajikistan and Uzbekistan (as evidenced by, inter alia, the temporary but unannounced closure of the border by Uzbekistan, its cutting-off of gas supplies and the doubling of prices) and to the water disputes with Uzbekistan and the Kyrgyzstan; calls in this context for urgent region-wide consultations on the rational use of energy resources;

Human rights

20.  Is seriously concerned by human rights abuses in Tajikistan, perpetrated with virtual impunity and taking various forms, including pressure applied on courts and judges both by the government and by criminal networks, pressure on the media, widespread abuse of women's rights, child labour and the exploitation of students, including minors, for cotton harvesting, workers living in what the US-based Freedom House has described as 'financial servitude', appalling conditions of detention, including torture and other forms of mistreatment, and human trafficking;

21.  Welcomes, in this respect, the start of an official and result-oriented Human Rights Dialogue between the EU and Tajikistan; regards progress in this field as crucial for the development of bilateral relations; stresses the importance of involving the NGOs operating in Tajikistan formally and substantively in such dialogue;

22.  Deplores the new law on NGOs, modelled on a Russian law, which has introduced onerous registration and re-registration requirements;

23.  Stresses that, although freedom of speech and of the press is guaranteed by Tajik law, the authorities often subject individuals who disagree with government policies to intimidation and discourage them from speaking freely or critically; criticises, furthermore, the fact that the independent media are subjected to various types of intimidation and control that force them to practise self-censorship;

24.  Is concerned, too, that religious freedom is in decline and that the new law on religion, signed by the President on 25 March 2009, prohibits many religious practices and may outlaw many religious communities, pushing them underground;

25.  Stresses that discrimination and violence against women remains a widespread problem; calls on the Commission to set up ad hoc programmes in order to enhance women's opportunities and urges the Tajik authorities to make every effort to put an end to women's rights abuses and facilitate women's access to justice;

26.  Notes with concern the 2007 Law on Observing National Traditions and Rituals, which imposes restrictions on how Tajiks dress or celebrate traditional events;

27.  Deplores the widespread use of torture, points out that the definition of torture is still incomplete in Tajik law, and calls once again for the adoption of all necessary measures to ensure compliance with the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in particular by bringing to justice officials responsible for degrading treatment or ill-treatment, and for the ratification of the optional protocol (OPCAT) providing for monitoring of places of detention; calls, furthermore, for the complete abolition of the death penalty;

28.  Notes that the Tajik parliamentary committee responsible for legal issues and human rights is entrusted with the task of vetting legislation for compliance with human rights provisions, but that it has not been very effective;

29.  Welcomes the recent nomination of the Ombudsman and calls on the Tajik Government to guarantee his full independence;

The international community

30.  Urges international donors to take all possible steps to encourage and support the emergence of a viable and dynamic civil society and to encourage the independent media to cover the issue of state corruption and the flow of international funds;

31.  Calls on the Commission to ensure, in cooperation with the Council Presidency, that democracy and human rights are fully taken into account at all levels of its dialogue with Tajikistan and that the EU offers Tajikistan all the assistance it requires in those fields;

32.  Stresses the need for more funding to be channelled directly to local authorities and civil society, conditional on transparency and verifiability;

33.  Calls on the Commission to report back regularly to it on developments in the fields of democracy and human rights and to keep its Committee on Foreign Affairs fully informed of progress achieved in the context of the political dialogue; calls on the Council to involve it in the Human Rights Dialogue with Tajikistan;

34.  Urges the Commission to engage as soon as possible in negotiations with the Tajik Government on the conclusion of implementing agreements for the PCA, such as that concerning readmission and the control of illegal immigration;

35.  Urges the EU, in the light of Tajikistan's role as a transit country for drugs from neighbouring Afghanistan to Russia and western Europe, to further strengthen its support for measures to counter these activities in Tajikistan, paying particular attention to the funding of the Tajik Drug Control Agency, without undermining cross-border trade, which is vital for the economic development of the border regions;

36.  Draws attention to the existence of unexploded cluster bombs in Tajikistan and urges that funding for their clearance be increased;

o
o   o

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

(1) OJ C 82 E, 1.4.2004, p. 639. (2) OJ C 184 E, 6.8.2009, p. 49. (3) OJ C 290 E, 29.11.2006, p. 107. (4) Texts adopted, P6_TA(2008)0375. (5) OJ L 340, 16.11.2004, p. 2. (6) OJ C 219 E, 28.8.2008, p. 206. (7) Texts adopted, P7_TA(2009)0018.

European Parliament legislative resolution of 17 September 2009 on the proposal for a Council and Commission decision on the conclusion of a Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part (12475/2004 – 11803/2004 – C6-0118/2005 – 2004/0176(AVC))

P7_TA(2009)0018 A7-0007/2009

(Assent procedure)

The European Parliament,

–   having regard to the proposal for a Council and Commission decision (COM(2004)0521),

–   having regard to the draft Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part (12475/2004 and 11803/2004),

–   having regard to the request for assent submitted by the Council pursuant to the second subparagraph of Article 300(3) of the EC Treaty and to Article 44(2), the last sentence of Article 47(2), Articles 55 and 57(2), point 3 of the first paragraph of Article 63, and Articles 71, 80(2), 93, 94, 133 and 181a thereof (C6-0118/2005),

–   having regard to Article 101 of the Euratom Treaty,

–   having regard to Rules 81 and 90(8) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on Foreign Affairs (A7-0007/2009),

1.  Gives its assent to conclusion of the agreement;

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

European Parliament resolution of 17 September 2009 on the Lithuanian Law on the Protection of Minors against the Detrimental Effects of Public Information

P7_TA(2009)0019 RC-B7-0026/2009

The European Parliament,

–   having regard to international and European human rights obligations, including those contained in the UN conventions on human rights and in the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, and to the UN Convention on the Rights of the Child of 20 November 1989,

–   having regard to the European Union's provisions on human rights, in particular Article 6 of the EU Treaty, Article 13 of the EC Treaty and the Charter of Fundamental Rights of the European Union,

–   having regard to Article 13(1) of the EC Treaty, which provides that: 'without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation',

–   having regard to Council Directives 2000/43/EC(1) and 2000/78/EC(2) prohibiting direct and indirect discrimination on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation, to the Commission proposal of 2 July 2008 for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426) and to Article 21(1) of the Charter of Fundamental Rights of the European Union, which prohibits '[A]ny discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation',

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

A.   whereas the EU is a community of values based on human rights, fundamental freedoms, democracy and the rule of law, equality and non-discrimination, and whereas directives, including those concerning the fight against discrimination based on sexual orientation, have been approved and proposed in order to achieve this aim,

B.   whereas sexual orientation is a matter falling within the remit of an individual´s right to privacy, guaranteed by international, European and national human rights law, and equality and non-discrimination should be promoted by public authorities, while freedom of expression should be guaranteed for the media, non-governmental organisations (NGOs) and individuals,

C.   whereas on 14 July 2009 the Lithuanian Parliament approved amendments to the Law on the Protection of Minors against the Detrimental Effects of Public Information that will come into force on 1 March 2010, under which it will be prohibited "to directly disseminate to minors" public information whereby "homosexual, bisexual or polygamous relations are promoted", because it has "a detrimental effect on the development of minors",

D.   whereas the wording of the law, with particular reference to Article 4 thereof, is vague and legally unclear and might lead to controversial interpretations,

E.   whereas, following the overruling of the President's of the Republic of Lithuania veto, the law is now under review by the Lithuanian national authorities,

F.   whereas it is unclear what kind of materials would fall within the scope of this law and whether its scope extends to books, art, press, publicity, music and public representations such as theatre, exhibitions or demonstrations,

G.   whereas the Swedish Presidency of the EU has discussed the amended law with the Lithuanian authorities, while the new President of the Republic of Lithuania has declared that she will act to ensure that the law is in conformity with EU and international requirements,

1.  Asks the European Union Agency for Fundamental Rights to give an opinion on the law and the amendments in the light of the EU Treaties and EU law;

2.  Reaffirms the importance of the EU fighting against all forms of discrimination, and in particular discrimination based on sexual orientation;

3.  Reaffirms the principle set out in the preamble of the UN Declaration of the Rights of the Child of 20 November 1959 that 'the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection';

4.  Welcomes the statements made by the new President of the Republic of Lithuania and the creation of a working group in Lithuania charged with evaluating possible changes to the law, and invites the President of the Republic of Lithuania and authorities to ensure that its national laws are compatible with human rights and fundamental freedoms as enshrined in international and European law;

5.  Notes that the Law on the Protection of Minors against the Detrimental Effects of Public Information approved by the Lithuanian Parliament on 14 July 2009 is not yet in force and needs to be reviewed before it enters into force;

6.  Instructs its committee responsible to follow up the issue;

7.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and of the candidate countries, the President and Parliament of the Republic of Lithuania, the European Union Agency for Fundamental Rights and the Council of Europe.

(1) OJ L 180, 19.7.2000, p. 22. (2) OJ L 303, 2.12.2000, p. 16.

European Parliament resolution of 17 September 2009 on the crisis in the dairy farming sector

P7_TA(2009)0020 RC-B7-0047/2009

The European Parliament,

–   having regard to Article 33 of the EC Treaty,

–   having regard to its resolution of 25 October 2007 on rising feed and food prices(1),

–   having regard to its resolution of 12 March 2008 on the CAP Health Check(2),

–   having regard to its resolution of 22 May 2008 on rising food prices in the EU and the developing countries(3),

–   having regard to its Declaration of 19 February 2008 on investigating and remedying abuse of power by large supermarkets operating in the European Union(4),

–   having regard to its resolution of 26 March 2009 on food prices in Europe(5),

–   having regard to Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007(6),

–   having regard to the Communication from the Commission to the Council of 22 July 2009 on the dairy market situation 2009 (COM(2009)0385),

–   having regard to the proposal for a Council Regulation derogating from Regulation (EC) No 1234/2007 ("Single CMO" regulation) as regards the 2009 and 2010 intervention periods for butter and skimmed milk powder (COM(2009)0354) and to its position of 17 September 2009 thereon(7),

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

A.   whereas there has been a dramatic deterioration in the situation on the dairy market in the last 12 months, with milk prices falling below EUR 0,21 per litre, despite intervention and export subsidies, and many farmers are now selling dairy products below production costs,

B.   whereas the viability of many EU dairy farmers is now seriously at risk, with many only surviving by using up their personal savings, which is clearly not sustainable, driving farmers to stage major public demonstrations across the EU,

C.   whereas a consequence of the worldwide economic crisis has been a considerable decline in demand for dairy products at precisely the same time as supply has increased owing to third countries such as New Zealand, Australia, Argentina, Brazil and the USA producing greater quantities,

D.   whereas in the 2009 EU budgetary procedure Parliament prioritised the creation of a special EU Dairy Fund to help the sector through difficult readjustments,

E.   whereas Parliament has repeatedly highlighted the difference between the prices paid by consumers for agricultural products in the supermarket and the prices received by producers, and has urged the thorough investigation of potential market abuses,

F.   whereas the Commission has calculated that over the period May 2006 to May 2009 prices paid by consumers for milk and cheese increased by more than 14 %, while prices received by producers in some Member States have decreased by 40 % over 12 months,

1.  Considers that, given the continuing critical situation on the dairy market, both far-reaching and short-term measures are necessary, and points out that the measures taken by the Commission to date are not sufficient to solve the crisis in the sector;

2.  Regrets that the Commission failed to predict the severity of the current crisis and did not propose adequate measures sooner;

3.  Calls on the Commission to establish, as a matter of urgency, which measures could bring about market stabilisation, and to undertake an in-depth evaluation with stakeholders and Member States on the future of the milk sector with a view to analysing the possibility of reinforcing management mechanisms that avoid price volatility;

4.  Notes that a range of opinions exist among the Member States regarding the possibility of not increasing dairy quotas in 2010; calls on the Commission to present a detailed analysis concerning all the factors that impact on the price obtained by dairy producers, including the quota increase;

5.  Calls on the Commission to apply the necessary measures to ensure that imported feedstuffs comply with the same standards that dairy farmers have to meet within the EU, in order to prevent imports of such products that do not meet those standards from undermining the EU's efforts to enhance sustainable milk production;

6.  Reaffirms its commitment to the creation of an EU Dairy Fund of EUR 600 million to aid producer organisations and cooperatives and to support farm investment, modernisation, diversification, area-based measures, marketing activities, small producers and young farmers, and recalls that Parliament made the same request during the 2009 budget procedure;

7.  Asks the Commission to propose measures to help producers increase the added value of their products and to encourage them to produce high-quality milk-based products (such as cheese), especially in those areas where there are few production alternatives;

8.  Calls on the Commission to introduce immediate measures to stimulate demand for dairy products, and considers an extension of the scope, product range and financing of the school milk programme to be a good example of a feasible initiative; calls for closer coordination between the Commission Directorates-General in this regard;

9.  Calls on the Commission to encourage contractual relations within the agro-food chain and strengthen producer organisations so as to balance relations between the various parties involved in the sector and forestall market risks, as a complement to the other regulatory instruments which the sector requires;

10.  Considers there to be a need specifically to promote production by dairy farmers working in conditions with permanent natural and geographical disadvantages such as mountain regions, or those with a clear organic strategy, because of their non-market-oriented environmental and cultural added value and quality;

11.  Calls on the Commission to formulate proposals to bring supply and demand on the EU dairy market into balance;

12.  Calls on the Commission to examine the possibilities for an early retirement scheme for dairy producers, for example by setting up a quota buy-back scheme, similar to the grubbing-up scheme in the wine CMO;

13.  Demands, bearing in mind the European dimension of the crisis in the dairy sector, that the Commission play its role in the search for common solutions, avoiding inequalities among Member States and the distortions of the market that may be caused by State aid;

14.  Supports the Commission's intention to examine measures, such as favourable loans and mutual guarantee schemes, to help reduce price volatility in agricultural commodity markets;

15.  Supports the immediate use of milk powder to feed calves, as a way of increasing demand for dairy products;

16.  Recalls that clear labelling of dairy product substitutes such as non-dairy cheese and other non-dairy products is of vital importance, and should include specification of raw materials and country of origin; insists that products branded as dairy products must contain animal milk or animal milk products;

17.  In order to help farmers to overcome the current crisis, notably in the dairy sector, calls on the Commission to increase, without delay, the maximum amount of de minimis State aid payments to all productive agricultural sectors from EUR 7 500 to EUR 15 000, by way of exception to the set national limit for State aid;

18.  Recognises that a cheaper price for feed would help ease production costs for dairy farmers;

19.  Welcomes the Commission's proposal to extend the intervention period for butter and skimmed milk powder to 28 February 2010 and considers that, at least in the short-term, the intervention price should be increased; acknowledges that such an increase would be an emergency measure to counteract extreme market imbalances and not a long-term solution;

20.  Calls for the extension of private storage to cheese products and for adequate levels of support to be set in order for that measure to be effective, as well as for an increase in the number of third countries – such as the USA – to which EU cheese products may be exported with export refunds;

21.  Calls on the Commission to examine, for the longer term and once export refunds are phased out, how the corresponding appropriations can be maintained in the dairy sector;

22.  Calls on the Commission to allow agriculture export credit insurance, as is the practice in the USA;

23.  Calls on the Commission to improve price transparency within the food supply chain, as consumer prices in many Member States remain conspicuously high despite dramatically decreased producer prices;

24.  Calls on the Commission to present its communication on food prices in Europe without delay; recalls that Parliament has, for a long time, been asking the Commission to investigate potential abuses of market power in the food supply chain, especially in the dairy sector, and considers that such an investigation is long overdue;

25.  Calls on the Commission to implement an EU-wide code of conduct governing relations between retailers and producers;

26.  Considers that there is a need to establish a transparent system that monitors commodity prices, in particular prices charged to consumers;

27.  Notes with regret that the conclusions of the Council meeting of 7 September 2009 did not propose any concrete way of rapidly overcoming the crisis in the European dairy industry, which affects all producers in the European Union, without exception;

28.  Calls on the Commission vigorously to oppose initiatives by certain Member States to renationalise the Common Agricultural Policy;

29.  Insists that the Commission report regularly to Parliament over the coming months on the situation on the dairy markets;

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

(1) OJ C 263E, 16.10.2008, p. 621. (2) OJ C 66E, 20.3.2009, p. 9. (3) Texts adopted, P6_TA(2008)0229. (4) OJ C 184E, 6.8.2009, p. 23. (5) Texts adopted, P6_TA(2009)0191. (6) OJ L 30, 31.1.2009, p. 1. (7) Texts adopted, P7_TA(2009)0014.

European Parliament resolution of 17 September 2009 on external aspects of energy security

P7_TA(2009)0021 RC-B7-0040/2009

The European Parliament,

–   having regard to its resolution of 26 September 2007, 'Towards a common European foreign policy on energy'(1),

–   having regard to the intergovernmental agreement between Austria, Bulgaria, Hungary, Romania and Turkey on the legal framework for the Nabucco gas pipeline project, which was signed on 13 July 2009 in Ankara,

–   having regard to the acquisition by the Russian oil and gas company Surgutneftegas of a large minority share (21.2%) in the Hungarian petrochemical company MOL, a member of the Nabucco consortium,

–   having regard to the Protocol on cooperation in the gas sphere between Russia and Turkey, signed on 6 August 2009 in Ankara, under which Turkey gives preliminary consent to the building of the South Stream gas pipeline and authorises Russia to carry out survey work for the pipeline in Turkey's territorial waters,

–   having regard to the Memorandum of Understanding signed on 13 July 2009 between 12 EU companies to establish a DESERTEC Industrial Initiative to develop the vast potential for solar energy in the Middle East and north Africa,

–   having regard to the Commission Communication entitled Second Strategic Energy Review - an EU energy security and solidarity action plan (COM(2008)0781),

–   having regard to the Commission proposal for a regulation of the European Parliament and of the Council concerning measures to safeguard security of gas supply and repealing Directive 2004/67/EC (COM(2009)0363),

–   having regard to the Commission proposal for a Council regulation concerning notification to the Commission of investment projects in energy infrastructure within the European Community and repealing Council Regulation (EC) No 736/96 (COM(2009)0361),

–   having regard to the forthcoming 15th Conference of the Parties (COP 15) to the United Nations Framework Convention on Climate Change (UNFCCC) and the fifth Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (COP/MOP 5) to be held in Copenhagen, Denmark, from 7 to 18 December 2009,

–   having regard to Rule 110(4) of its Rules of Procedure,

A.   whereas energy security constitutes an essential component of the overall security, stability and prosperity of the European Union and a key element for the pursuit of economic and social development in Europe, for which, however, there is still no basis under the Treaties,

B.   whereas the lack of a genuine and effective common European external energy security policy undermines the coherence and credibility of the EU's external action,

C.   whereas the EU's dependence on energy imports is significant at present and, as things stand, is projected to increase,

D.   whereas, despite the drop in oil and gas prices as a result of the global financial crisis, the slow progress in switching to more sustainable fuels, the declining output from the world's oil and gas fields, in spite of the discovery of new resources, and the continuing growth in demand will inevitably mean a return to tighter fossil fuel markets and increasing import dependence for oil-consuming countries, once the crisis is over,

E.   whereas several Member States are highly dependent on a single supplier of natural gas, and whereas unwarranted disruption to supplies can cause severe problems, as demonstrated during the last Russia-Ukraine gas crisis at the beginning of 2009,

F.   whereas a number of Member States do not possess sufficient natural reserves to cope with crises,

G.   whereas, owing to existing and increasing energy-supply dependence on politically unstable regions, efforts to ensure security of supply exclusively at national level have proved to be insufficient and do not safeguard the long-term interests of all Member States,

H.   whereas the existing early-warning instruments proved inadequate to predict the gas crisis of January 2009,

I.   whereas predictable threats to the security of energy supplies will continue to exist as long as energy-producing and transit countries do not abide by common and transparent rules, as defined by the Energy Charter Treaty and the Transit Protocol,

J.   whereas a commitment to energy efficiency at home and abroad and a significant move towards a much larger share of renewable energy in the European Union's current energy mix would have a major impact in terms of reducing its dependence on imported energy and thereby improving its energy security, on the one hand, and helping it to honour its commitment to reduce greenhouse gas emissions by 20% by 2020, or more if agreed in Copenhagen, on the other,

K.   whereas a very cost-effective solution for reducing EU energy dependence is to encourage energy savings, renewable energy and energy efficiency measures, which also contribute to combating climate change and progress towards a resource-efficient economy,

L.   whereas close cooperation in the field of energy supply constitutes one of the most effective and indispensable confidence-building measures in relations between the European Union and neighbouring countries,

M.   whereas, although some steps have already been taken, there is a need to create a truly common energy policy with regard to internal market regulation, though not a country's energy mix, which remains the prerogative of Member States, and external aspects that takes account of the political and economic interests of all Member States,

N.   whereas a common European external energy security policy, based on solidarity, diversification, unity in defending common interests, strengthened cooperation with the major energy-producing, transit and consumer countries and the promotion of sustainability, would create synergies which would ensure security of supply for the European Union and would enhance the EU's strength, capacity for action in foreign policy matters and credibility as a global actor,

1.  Looks to the Council, the Commission and the Member States to display together stronger strategic leadership in establishing a genuine common European external energy security policy, as called for in its above-mentioned resolution of 26 September 2007;

2.  Welcomes the measures on diversification and improving the EU's energy security proposed by the Commission in the Second Strategic Energy Review; considers, however, that clearly defined priorities and speedy action to implement them are needed, whilst keeping Parliament fully informed;

3.  Reiterates that a properly functioning internal energy market is of vital importance in preventing future gas-supply disruption and crises, as is the diversification of energy sources; underlines, therefore, the need for more investment in renewable and low-carbon energy and energy efficiency, which should be a central part of the Energy Action Plan for 2010-2014;

4.  Welcomes the above-mentioned new proposals for regulations on measures to safeguard security of gas supply and on investment projects in energy infrastructure within the European Community, which will contribute to greater security of gas supply in the European Union by ensuring that Member States take preventive action and improve crisis-management mechanisms and by increasing transparency and reducing red tape;

5.  Calls for more efforts to anticipate potential problems in energy supplies in order to avoid future disruption by developing, inter alia, the effectiveness of the Network of Energy Security Correspondents (NESCO), and calls on the Commission urgently to review existing early-warning mechanisms, NESCO and other instruments which proved ineffective in the face of the 2009 Russia-Ukraine energy crisis;

6.  Calls on the European Union and its Member States to develop gas storage with fast-release capacity;

7.  Regards the improvement of interconnections within Europe as essential, since filling the existing gaps is vital to the efficient functioning of the internal market and energy solidarity; welcomes, in this regard, the agreement on the financing of infrastructure projects as part of the European Economic Recovery Plan (EUR 250 million) and the idea of giving Europe a new European supergrid for electricity and gas, but insists that a general increase in public and private funding in the field of energy security is indispensable;

8.  Underlines the urgent need to implement strategic projects aimed at the diversification of energy supplies, especially in the Southern Corridor; congratulates, in the context of becoming less dependent on Russian supplies, the governments of Austria, Bulgaria, Hungary, Romania and Turkey on the 13 July 2009 signing of the Intergovernmental Agreement on the legal framework for the Nabucco pipeline project, an important step towards realising this EU priority project, but underlines, at the same time, the importance of a general regime to govern the development of the corridor, with a view to linking the EU to new sources of gas from the Middle East and the Caspian region independently of any one company or pipeline, which regime would be aimed primarily at the speedy realisation of this link; urges the companies and the Member States involved in close cooperation with the Commission to secure initial agreements with prospective suppliers to feed the pipelines;

9.  Stresses that the EU should engage in close dialogue with key energy suppliers, with a view to strengthening energy interdependence and improving energy security for the EU as a whole, with a particular focus on greater efficiency, equal market access, non-discrimination and transparency;

10.  Stresses that energy dialogues should in no way take place at the expense of frank and results-oriented dialogues on human rights and that the protection of human rights and energy security should be a priority on the agenda for the next EU-Russia summit and become an integral part of the new EU-Russia agreement;

11.  Suggests the development of a common EU approach to negotiations on transit rules and fees with external partners and calls on the Member States to inform each other and the Commission about strategic decisions and agreements concerning energy infrastructure projects;

12.  Calls on the Commission to take immediate action against hostile takeover moves by non-transparent foreign entities in the EU energy market and to apply strictly EU competition rules; is alarmed, for example, by Surgutneftegas' recent acquisition of a stake in the Hungarian energy company MOL and its inability to disclose its ownership structure and the identity of its ultimate beneficiary owners, as legitimately requested by the Hungarian energy market regulator; calls on the Commission to investigate the activities of non-transparent foreign entities such as CENTREX, which recently took a 20% stake in Austria's Baumgarten trading and storage facility;

13.  Calls on the EU to cooperate with the countries in the North Sea region in view of their significant potential as energy sources, in particular through production of offshore wind energy;

14.  Calls on the Council and Commission to cooperate with the Member States of the Mediterranean region and the countries of north Africa, in view of their significant energy-resource potential and the substantial opportunities which could be created for their own development in particular within the Barcelona Process; encourages, in particular, the use of solar and wind energy in these regions; welcomes the recent progress made with the DESERTEC Industrial Initiative to develop the vast potential for solar energy in the Middle East and north Africa; stresses that EU action in relation to the DESERTEC project must be coherent and make an active contribution to the development of north African and Middle Eastern countries; calls, therefore, on the companies and Member States involved in this project - in close cooperation with the Commission - to promote development by means of genuine technology transfer and capacity-building aimed at local companies and civil society in order to ensure ownership and build a lasting partnership with the Mediterranean countries in which DESERTEC will be developed;

15.  Emphasises the strategic importance of the Arctic region for the EU, in terms of both energy resources, environment, biodiversity and transport issues and the opening-up of the North-East Passage;

16.  Emphasises that progress in developing a common European energy policy depends to a large extent on the entry into force of the Lisbon Treaty; urges the EU and the Member States to take steps to secure a binding, progressive and all-encompassing Treaty basis for a common European energy supply and security policy; calls for the speedy ratification of the Lisbon Treaty, which contains an energy solidarity clause and makes energy policy a shared responsibility between the EU and the Member States, as a step in the right direction;

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

(1) OJ C 219 E, 28.8.2008, p. 206.

European Parliament resolution of 17 September 2009 on the murder of human rights activists in Russia

P7_TA(2009)0022 RC-B7-0060/2009

The European Parliament,

–   having regard to its previous resolutions on Russia, and in particular to those of 25 October 2006 on the murder of the Russian journalist Anna Politkovskaya(1) and of 18 December 2008 on attacks on human rights defenders in Russia and the Anna Politkovskaya murder trial(2),

–   having regard to the declaration by the Presidency of the Council on behalf of the European Union of 12 August 2009 on the murders of Chechen human rights defender Zarema Sadulayeva and her husband Alik Dzhabrailov,

–   having regard to the Partnership and Cooperation Agreement between the European Union and the Russian Federation, which entered into force in 1997 and has been extended pending its replacement by a new agreement,

–   having regard to the ongoing negotiations for a new agreement providing a new comprehensive framework for EU-Russia relations,

–   having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms, the United Nations (UN) Declaration on Human Rights Defenders and the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms,

–   having regard to Rule 122(5) of its Rules of Procedure,

A.   whereas as a member of the Council of Europe and of the Organisation for Security and Cooperation in Europe (OSCE), Russia has committed itself to the protection and promotion of human rights, fundamental freedoms and the rule of law,

B.   whereas enhanced cooperation and good-neighbourly relations between the EU and Russia are of key importance to the stability, security and prosperity of the whole of Europe,

C.   whereas the EU is aiming for a strategic partnership with Russia based on the values of democracy, human rights and the rule of law,

D.   whereas there is an alarming deterioration of the situation of human rights defenders, particularly in the North Caucasus,

E.   whereas the work of human rights organisations such as Memorial and Demos is essential for the creation of a stable and free society; whereas the Russian Government should therefore be proud of the important role played by such institutions,

F.   whereas the human rights lawyer Stanislav Markelov, who had also represented the assassinated journalist Anna Politkovskaya, was assassinated on 20 January 2009 together with the journalist Anastasia Barburova, who died trying to protect Mr Markelov,

G.   whereas on 10 July 2009, the body of human rights activist Andrei Kulagin was found in a quarry in Petrozavodsk, two months after his disappearance,

H.   whereas Natalia Estemirova, head of Memorial in Chechnya, was abducted, on 15 July 2009 in Grozny and found dead in neighbouring Ingushetia; whereas the European Parliament held a minute's silence in memory of Natalia Estemirova during its session on 16 July 2009; whereas following this murder the work of Memorial in Chechnya has been suspended,

I.   whereas a trial for defamation is due to start in September 2009 in Moscow, on the basis of a complaint lodged by Chechen President Ramzan Kadyrov against Oleg Orlov, Head of the Memorial Human Rights Centre, for slander following Mr Orlov's statement published on Memorial's website on 15 July 2009 in which he accused President Kadyrov of being involved in Natalia Estemirova's killing,

J.   whereas on 10 August 2009, Chechen civil society activists Zarema Sadulayeva and her husband, Alik Dzhabrailov, working for the humanitarian organisation "Save the Generation", were abducted from their office in Grozny and found murdered the next day,

K.   whereas on 4 December 2008, the St Petersburg offices of the Research and Information Centre Memorial were raided by masked men from the Russian General Prosecutor's Office, and hard drives and CDs containing the entire database covering thousands of victims of the Stalinist repression were taken away; whereas the database was returned to Memorial following a court order,

L.   whereas on 3 September 2009 the apartment buildings where Oleg Orlov, Head of the Memorial Human Rights Centre, and his collaborator Alexander Tcherkassov, have their private homes, were inspected by government investigators pretending to work for the tax authority,

M.   whereas on 3 September 2009, two months after it ordered the retrial of three suspects acquitted in February this year, Russia's Supreme Court ordered a new investigation into the 2006 murder of Anna Politkovskaya,

N.   whereas numerous complaints have been lodged by Russian citizens at the European Court of Human Rights in Strasbourg,

1.  Unreservedly condemns and strongly deplores the harassment and attacks on the lives of human rights defenders, lawyers and journalists in Russia;

2.  Urges the Russian authorities to do everything in their power to ensure the protection of human rights defenders, as affirmed in the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms; calls in particular on the responsible authorities to create circumstances that allow Memorial and other human rights organisations to resume their activities in Chechnya in a safe environment; welcomes the return of the confiscated archive of Memorial in St Petersburg following the raid on 4 December 2008;

3.  Calls on the Russian federal authorities to swiftly, thoroughly and effectively investigate the murders cited above and bring both those responsible for and those involved in these brutal acts to justice;

4.  Stresses that the impunity in Chechnya leads to destabilisation across the whole North Caucasus region;

5.  Takes note of the July telegram from Russian President Dmitry Medvedev to the human rights organisation Memorial pledging his commitment to investigate fully the murder of Natalia Estemirova;

6.  Welcomes the initiative taken by President Medvedev to amend the NGO law with a view to easing some restrictions and registration complications for Russian NGOs, and expects substantial improvements;

7.  Welcomes the decision of the Russian Supreme Court of 3 September 2009 to launch a new investigation into the murder of Anna Politkovskaya and to treat the investigations against the three men who were acquitted in the first trial in one single case with the alleged assassin Ruslan Machmudow and those who sponsored him; calls for this trial to begin as soon as possible, to be conducted by means of a jury procedure and for the process to be open to all journalists and media;

8.  Calls for a stepping-up of the EU-Russia human rights consultations and urges that this consultation process be opened to effective input from the European Parliament, the State Duma, the Russian judicial authorities and civil society and human rights organisations; calls on Russia to respect fully its obligations as a member of the OSCE and of the Council of Europe, including respect for the right of association and the right to peaceful demonstrations; stresses its position that the protection of human rights should be a privileged item on the agenda of the next EU-Russia summit and become an integral part of the new EU-Russia agreement;

9.  Calls on the Russian authorities to comply with all the rulings of the European Court of Human Rights and to ratify Additional Protocol 14 to the European Convention for the Protection of Human Rights and Fundamental Freedoms on the reform of its control system without delay;

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

(1) OJ C 313 E, 20.12.2006, p. 271. (2) OJ C 58 E, 12.3.2009, p. 180.

European Parliament resolution of 17 September 2009 on the case of Yevgeny Zhovtis in Kazakhstan

P7_TA(2009)0023 RC-B7-0062/2009

The European Parliament,

–   having regard to its previous resolutions on Kazakhstan and the Central Asian Republics,

–   having regard to its resolution of 20 February 2008 on an EU Strategy for Central Asia(1),

–   having regard to the European Union's Strategy for a new partnership with Central Asia, adopted by the European Council on 23 June 2007,

–   having regard to the Commission's Strategy Paper for Assistance to Central Asia 2007-2013,

–   having regard to the conclusions of the tenth meeting of the EU-Kazakhstan Cooperation Council,

–   having regard to the conclusions of the eighth EU-Kazakhstan Parliamentary Cooperation Committee meeting in Brussels on 31 March 2008,

–   having regard to the Partnership and Cooperation Agreement between the EC and Kazakhstan(2), which entered into force on 1 July 1999,

–   having regard to Rule 122(5) of its Rules of Procedure,

A.   whereas relations and cooperation between the EU and the Republic of Kazakhstan are steadily growing at all levels; whereas Kazakhstan plays a crucial role with regard to the stability and security of Central Asia and the economic development of the region as a whole,

B.   whereas Kazakhstan will, in 2010, take over the chairmanship of the Organization for Security and Cooperation in Europe (OSCE); whereas that position will give the country a higher profile and more responsibility in the fields of democracy and human rights; whereas the OSCE has urged Kazakhstan to deepen democratic reforms before taking over the chairmanship,

C.   whereas, in spite of that important international task, Kazakhstan's internal situation has been marred, over the last few months, by an increase in media restrictions and a series of controversial prosecutions,

D.   whereas on 3 September 2009 Yevgeny Zhovtis, director of the Kazakhstan International Bureau for Human Rights and the Rule of Law and prominent human rights defender, was convicted of manslaughter for hitting and killing a pedestrian with his car on 26 July 2009 and was sentenced to four years in a penal community,

E.   whereas on 27 July 2009 the police investigation was opened and Yevgeny Zhovtis was named as a witness; whereas on 28 July 2009, Yevgeny Zhovtis's status in the investigation was changed to that of a suspect, but, in contravention of Kazakh law, his legal team was not informed of that development until 14 August 2009,

F.   whereas the OSCE Office for Democratic Institutions and Human Rights has stated that 'questionable procedures may have violated Zhovtis's right to a fair trial as guaranteed by the constitution of Kazakhstan, the country's OSCE commitments and fundamental international standards',

G.   whereas at OSCE meetings in the past, Yevgeny Zhovtis detailed human rights abuses in his country, raising doubts about its suitability for the chairmanship of an organisation dedicated to upholding democratic principles,

H.   whereas serious concerns have been expressed in the past about the trials and subsequent imprisonment of other Kazakh human rights activists, including Ramazan Yesergepov and Sergei Duvanov,

I.   whereas in June 2008 and again in May 2009, in connection with his country's upcoming chairmanship of the OSCE, the Kazakh Foreign Minister, Marat Tazhin, pledged to strengthen and improve respect for human rights in Kazakhstan,

J.   whereas Article 2 of the EU-Kazakhstan Partnership and Cooperation Agreement requires respect to be shown for democracy, the principles of international law and human rights,

1.  While not questioning the independence of the judicial system, which is a key element of any democracy, expresses great concern about the conduct of the investigation into the unfortunate traffic accident and of Yevgeny Zhovtis's subsequent trial, and draws attention to allegation that evidence in his defence was not allowed during the trial;

2.  Calls on the Kazakh authorities to carry out immediately and with full respect for transparency and the rule of law a second full and fair investigation into the circumstances surrounding the accident, and to review Yevgeny Zhovtis's conviction and sentence accordingly;

3.  Urges the Kazakh authorities to provide official details about the case of Yevgeny Zhovtis and to ensure due process, including the right to appeal in line with Kazakh law;

4.  Draws attention to the strong reservations voiced by human rights organisations about the Kazakh Government's real commitment to progress when the decision to give the country the chairmanship of the OSCE was announced in 2007, and expects the Kazakh authorities to make every effort to make tangible progress in improving democratisation and human rights before taking over the chairmanship of the OSCE;

5.  Calls on the Commission, in this connection, to increase EU assistance to and cooperation with Kazakhstan in those fields, in order better to prepare the Kazakh Government to take up its important international task;

6.  Urges the Council to take a firm stance in raising this case with the Kazakh authorities and, in particular, to address Yevgeny Zhovtis's case within the framework of the EU-Kazakhstan human rights dialogue, the second round of which is scheduled for 21 October 2009, and the EU-Kazakhstan Cooperation Council meeting in mid-November 2009;

7.  Urges the Commission to reinforce its projects and programmes in Kazakhstan under the European Instrument for Democracy and Human Rights;

8.  Instructs its President to forward this resolution to the Council, the Commission, the UN Secretary-General, the EU Special Representative for Central Asia, the Organization for Security and Cooperation in Europe, the Council of Europe and the parliament, government and President of Kazakhstan.

(1) OJ C 184 E, 6.8.2009, p. 49. (2) OJ L 196, 28.7.1999, p. 3.

European Parliament resolution of 17 September 2009 on Syria: the case of Muhannad al-Hassani

P7_TA(2009)0024 RC-B7-0071/2009

The European Parliament,

–   having regard to the Universal Declaration of Human Rights of 1948,

–   having regard to the UN Declaration on Human Rights Defenders of 1998,

–   having regard to the International Covenant on Civil and Political Rights of 1966, which was ratified by Syria in 1969,

–   having regard to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984, which was ratified by Syria in 2004,

–   having regard to Article 11(1) of the Treaty on European Union and Article 177 of the EC Treaty, which establish the promotion of human rights as an objective of the common foreign and security policy,

–   having regard to the European Union Guidelines on Human Rights Defenders of 2004,

–   having regard to its previous resolutions on Syria, in particular those of 8 September 2005(1), 15 June 2006(2) and 24 May 2007(3),

–   having regard to Rule 122(5) of its Rules of Procedure,

A.   mindful of the importance of the political, economic and cultural ties that exist between the European Union and Syria; whereas Syria has an important role to play in finding lasting peace and stability in the Middle East; whereas positive events occurred in this regard which provide a basis for the re-launching of efforts aimed at concluding the Association Agreement,

B.   whereas the Association Agreement between the European Community and its Member States, of the one part, and the Syrian Arab Republic, of the other part, is still to be signed and ratified; whereas Article 2 of this Agreement stipulates that respect for human rights and democratic principles guide the internal and international policy of the parties and constitute an essential element of the Agreement,

C.   whereas Muhannad al-Hassani, a leading human rights lawyer and President of the Syrian Human Rights Organisation (Swasiah), was arrested by the Syrian authorities on 28 July 2009; whereas he was referred to the Justice Palace in Damascus, where he was interrogated and formally charged with "weakening national sentiments" and "spreading false news" in a closed session to which his lawyer was not allowed access,

D.   whereas Muhannad al-Hassani was involved in the monitoring of detention conditions in Syria and notably of legal practices of the Supreme State Security Court, where trials fall short of international standards according to Human Rights Watch's report of February 2009; whereas he had been interrogated on several occasions before the arrest, these interrogations focusing mainly on his actions in the field of human rights and the defence of political prisoners,

E.   whereas Parliament and its President have already intervened several times to obtain the release of human rights defenders, parliamentarians and other politicians detained in Syrian prisons, including Michel Kilo and Mahmoud Issa; whereas Parliament welcomes all successful initiatives taken by Syrian and international actors aimed at releasing human rights defenders,

F.   whereas the Emergency Law in force since 1963 is effectively limiting citizens in the exercise of their civil and political rights; whereas the Syrian authorities have previously prevented Mr Muhannad al-Hassani and other human rights lawyers from travelling abroad in order to take part in human rights events and training seminars; whereas this is a well-established pattern used by the Syrian authorities to harass and punish human rights defenders,

1.  Expresses its deepest concern about Mr al-Hassani's detention, which seems to aim at sanctioning his human rights activities, especially regarding the monitoring of the Supreme State Security Court and detention conditions in Syria;

2.  Calls on the Syrian authorities to release Mr Muhannad al-Hassani immediately and to guarantee in all circumstances his physical and psychological integrity;

3.  Expresses its deepest concern at the significant repression human rights defenders in Syria still have to face and the absence of progress in respect for human rights by Syrian authorities; is confident that Syria, which could play an important role of pacification in the region, will improve and support human rights and freedom of expression in the country;

4.  Calls on the Syrian authorities to put an end to this policy of persecution and harassment of human rights defenders and their families and to release immediately all prisoners of conscience, human rights defenders, including Anwar al-Bunni and Kamal Labwani, and peace activists;

5.  Calls on the Syrian authorities to ensure the transparent functioning of the judicial system, with special regard to the Supreme State Security Court;

6.  Urges the Syrian authorities to comply strictly with the above-mentioned UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and other pertinent international documents and standards to ensure that detainees in Syrian prisons:

7.  States once again its conviction that the promotion of human rights is one of the pillars upholding EU-Syria relations; welcomes the continuing dialogue between the European Union and Syria and hopes that the continuous efforts will lead to improvements not only in the economic and social situation in Syria but also politically and in the field of human rights; calls on the Swedish Presidency, the Council and the Commission to adopt a roadmap, prior to the signing of the Association Agreement, which clearly articulates the specific human rights improvements it expects from the Syrian authorities;

8.  Instructs its President to forward this resolution to the Council, the Commission, and the Government and Parliament of the Syrian Arab Republic.

(1) OJ C 193 E, 17.8.2006, p. 349. (2) OJ C 300 E, 9.12.2006, p. 519. (3) OJ C 102 E, 24.4.2008, p. 485.