European Parliament resolution of 17 June 2010 on EU policies in favour of human rights defenders (2009/2199(INI))

P7_TA(2010)0226 A7-0157/2010

The European Parliament,

–  having regard to the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights, the International Covenant on Civil and Political Rights (IOCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR),

–  having regard to the United Nations Declaration on Human Rights Defenders and the activities of the United Nation Special Rapporteur on the Situation of Human Rights Defenders,

–  having regard to the Lisbon Treaty, notably Articles 3 and 21 thereof, and to the Charter of Fundamental Rights of the European Union,

–  having regard to the European Union Guidelines on Human Rights, and in particular to the European Union Guidelines on Human Rights Defenders, adopted in June 2004, and reviewed in 2008; having regard also to the Guidelines on Human Rights Dialogues, adopted in December 2001 and reviewed in 2009,

–  having regard to its resolution of 6 September 2007 on the functioning of the human rights dialogues and consultations on human rights with third countries(1),

–  having regard to human rights clauses in the EU's external agreements,

–  having regard to Regulation (EC) No 1889/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide (EIDHR)(2),

–  having regard to its resolution of 25 April 2002 on the Commission communication to the Council and the European Parliament on the European Union's role in promoting human rights and democratisation in third countries(3),

–  having regard to its specific guidelines for human rights and democracy actions of MEPs in their visits to third countries,

–  having regard to the Statute of the Sakharov Prize for Freedom of Thought, adopted by the European Parliament Conference of Presidents on 15 May 2003, and modified on 14 June 2006,

–  having regard to its previous resolutions on the situation with regard to human rights in the world, and especially to its annexes on individual cases,

–  having regard to the regular debates and urgency resolutions on cases of breaches of human rights, democracy and the rule of law,

–  having regard to the Declaration of the Committee of Ministers on Council of Europe action to improve the protection of human rights defenders and promote their activities, adopted on 6 February 2008,

–  having regard to the resolution adopted on 24 February 2009 by the Council of Europe Parliamentary Assembly on the situation of human rights defenders in Council of Europe member states(4),

–  having regard to the Recommendation on the legal status of Non-Governmental Organisations in Europe(5), adopted by the Committee of Ministers of the Council of Europe on 10 October 2007,

–  having regard to regional human rights instruments, including in particular the European Convention on Human Rights, the African Charter on Human and Peoples' Rights and the resolutions adopted by the African Commission on Human and Peoples' Rights (ACHPR) on human rights defenders, the American Convention on Human Rights and the Arab Charter on Human Rights,

–  having regard to Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)(6),

–  having regard to the programmes for protecting and sheltering threatened human rights defenders which are being implemented in some EU Member States,

–  having regard to Rule 48 of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs (A7-0157/2010),

A.  whereas, under the Charter of the United Nations, every member state has the responsibility to promote universal respect for, and observance of, human rights and freedoms,

B.  whereas, according to the UN Declaration adopted in 1998, ‘human rights defender’ is a term used to describe persons who, individually or with others, act to promote or protect human rights through peaceful means,

C.  whereas human rights defenders all over the world are crucial actors when it comes to the protection and promotion of basic human rights, often at the risk of their own lives, and whereas human rights defenders are also key players for the consolidation of democratic principles in their countries, maintain impartiality and transparency in their work and develop credibility through accurate reporting, thereby constituting the human link between democracy and respect for human rights,

D.  whereas support for human rights defenders is a long-established element of the European Union's human rights external relations policy; whereas, however, EU support varies depending on the countries concerned,

E.  whereas in particular the European Union is specifically concerned with strengthening protection of human rights, as provided for in the Lisbon Treaty, through the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),

F.  whereas the European Parliament plays an important role as regards the promotion of human rights and democracy, including protection of their defenders, through delegations to third countries, hearings, resolutions, letters and not the least the Sakharov Prize, as well as in its reports on human rights worldwide,

G.  whereas the European Union is also increasingly coordinating its actions with other regional and international mechanisms, established in Africa, Europe and the Americas to closely monitor the situation of human rights defenders and urge States to ensure an enabling environment for their work, in accordance with international and regional human rights obligations,

H.  whereas the European Union's credibility as a protector of human rights defenders in the world is closely linked to its internal respect for human rights and fundamental freedoms,

I.  whereas human rights defenders face human rights violations themselves in the course of their work and whereas these violations include killings, death threats, abductions and kidnappings, arbitrary arrest and detention, and other actions of harassment and intimidation, for example through defamation campaigns, and whereas all these violations can also target the immediate family members of human rights defenders, (including their children), and their other relatives, so as to prevent them from continuing their activities; whereas human rights campaigns are affected in many regions by restrictions on their activities and the persecution of human rights defenders,

J.  whereas protecting individual human rights defenders requires the enforcement of EU human rights policies in general,

K.  whereas women human rights defenders are particularly at risk, and whereas other groups and categories of defenders who are particularly exposed to attacks and human rights violations as a result of the work they carry out include defenders working to promote civil and political rights - notably freedom of expression and freedom of thought, conscience and religion, including the rights of religious minorities - as well as economic, social and cultural rights, notably collective rights such as the right to food and access to natural resources, including trade-unionists, and also those working for minorities' and community rights, children's rights, indigenous peoples's rights and LGBT rights, and people fighting against corruption,

L.  whereas increasingly sophisticated means are used to persecute human rights defenders, through new technologies, but also through restrictive NGO laws and administrative obstacles severely limiting the space and the possibilities to operate for an independent civil society; stressing in this respect that some governments obstruct or prevent human rights defenders from officially registering organisations and then prosecute them for exercising their right to freedom of association unlawfully,

M.  whereas these actions constitute a clear violation of international human rights law and a series of universally recognised fundamental freedoms,

N.  whereas human rights defenders are also restricted and sometimes directly targeted by policies, legislation and procedures described as ‘security’ measures, often combined with stigmatisation and accusation of terrorism,

O.  whereas the specific difficulties faced by associations and assemblies of human rights defenders remain the seizure of furniture, the closure of premises, imposition of extensive fines and the meticulous and subjective scrutiny of bank accounts,

P.  whereas trade agreements including a human rights clause can provide the EU leverage to require respect for human rights as a condition for trade,

1.  Pays tribute to the invaluable contribution human rights defenders make to the protection and promotion of human rights, the rule of law, democracy and the prevention of conflicts at the risk of their own personal security and that of their families and parents; welcomes the fact that the UN Declaration of 1998 does not provide a strict definition of ‘human rights defenders’ and in this sense, calls on the Council and the Commission to strongly support this approach;

2.  Calls on the EU to prioritise a more effective implementation of the existing tools and mechanisms for a coherent and systematic protection of human rights defenders within the European Union; recommends that the High Representative of the European Union for Foreign Affairs and Security Policy develop measures and a more effective and result-oriented methodology, including evaluations of existing human rights policies and dialogues;

3.  Urges the EU and its Member States to express their political will to support the action of human rights defenders, and thus to make better use of all existing tools and develop new complementary mechanisms to support and promote their work through a genuinely participative strategy, which should contribute to an enabling environment for defenders in which they can perform their duties and enjoy protection; underlines that this must be combined with a policy aimed at prevention and protection from attacks and threats against human rights defenders, through both urgent and long-term measures;

Institutional strengthening and innovations under the Treaty of Lisbon

4.  Recalls that the Treaty of Lisbon, as outlined in its Articles 3 and 21, puts the promotion and protection of human rights at the centre of the Union's external action; underlines that priority must be given to ensuring that the promotion of human rights as both a basic value and an objective of the Union's foreign policy is duly mirrored in the creation and structure of the European External Action Service, including through the designation of sufficient human resources; calls therefore for the creation of a central focal point with a specific responsibility for human rights defenders within the EEAS;

5.  Underlines that implementation by the EU missions of the guidelines on human rights defenders has so far been unsatisfactory and calls on the Commission to undertake an in-depth analysis to ensure that this issue will be addressed; notes, in this regard, that as a consequence of the adoption of the Lisbon Treaty, Commission delegations in third countries are now required to make full use of the new opportunities, but are also given further responsibilities to better address this issue as they become Union delegations, with an increasingly important role in terms of representation of the EU and the implementation of the human rights policy; reiterates therefore its call to systematically appoint to each country a highly qualified political official with a specific responsibility on human rights and democracy, and to integrate guidelines and develop best practices on human rights and their implementation in EU mission staff training programmes, job descriptions and appraisal processes;

6.  Emphasises the importance of human rights clauses in trade policies, partnerships and trade agreements between the EU and third countries; proposes a ‘human rights assessment’ of third countries that engage in trade relations with the EU;

7.  Expects that the appointment of the High Representative for Foreign Affairs and Security Policy, who is at the same time Vice-President of the Commission, and the creation of a common External Action Service, could considerably enhance the coherence and effectiveness of the EU in this field, and strongly recommends that the elaboration of local strategies in close cooperation with local independent civil society, including their regular evaluation, be institutionalised by the HR/VP, so as to ensure a real implementation of the protecting measures enshrined in the EU Guidelines on Human Rights Defenders;

8.  Considers it necessary to improve, and systematically follow up on, contacts with independent civil society, as well as access for human rights defenders to EU delegations and missions on the ground; welcomes in this regard the request by the Spanish Presidency to appoint a common local liaison officer from amongst the EU missions for human rights defenders, with responsibility for coordinating the activities of the European Union by promoting increased access to information concerning human rights violations and cooperation with civil society, which will at the same time ensure transparency in the way in which they exercise their responsibilities and the possibility of a rapid reaction, in a flexible manner, in case of emergency; requests that Parliament be informed of these appointments;

Towards a more coherent and systematic approach within the EU Human Rights Policy

9.  Is concerned by the lack of implementation of the EU Guidelines on Human Rights Defenders; insists that these guidelines be duly and fully implemented by all EU Delegations and that increased efforts be made so as to ensure that all of them have developed local implementation strategies before the end of 2010, or, where strategies already exist, be revised by the same time; requests that the list of these local strategies be made available to the European Parliament and published in the EU Annual Report on Human Rights;

10.  Calls on the Council, the Commission and the EU delegations to actively involve human rights defenders and their organisations in the drafting, monitoring and review processes of local strategies, as this will influence the effective value of these strategies;

11.  Considers that meetings at least once a year between human rights defenders and diplomats as requested in the EU guidelines can clearly contribute to the setting up of such processes and encourages more regular and systematic meetings in the future; calls for efforts to ensure participation in such meetings by the various profiles of human rights defenders active in the country and participation by defenders from the regions;

12.  Calls therefore on the High Representative for the Common Foreign and Security Policy to consider the possibility of organising an international meeting of human rights defenders, with the participation of the relevant United Nations bodies, the secretariats of the regional human rights conventions and international and regional NGOs, with a view to improving the protection of human rights defenders and promoting human rights throughout the world;

13.  Emphasises the need for a gender perspective in the implementation of the guidelines, with targeted actions in favour of women human rights defenders and other particularly vulnerable groups, such as journalists and defenders working to promote economic, social and cultural rights, children's rights, and also those working with minorities' rights – in particular the rights of religious and language minorities - the rights of indigenous peoples and LGBT rights;

14.  Emphasises the importance of freedom of speech and the role of the media, both online and offline, as an enabler for human rights defenders;

15.  Considers that the development of new technologies and their impact on human rights defenders needs to be assessed and the results integrated in existing EU programmes on human rights and human rights defenders;

16.  Takes the view that major aspects of local strategies for the implementation of the EU Guidelines on Human Rights Defenders should be reflected in Country Strategy papers/National Indicative Programmes, ENP Action Plans, Annual Action Programmes of the EIDHR and the Instrument for Stability (IfS);

17.  Reiterates that through the Lisbon Treaty the promotion, protection and security of human rights defenders have to be placed as a priority issue in the EU relationship with third countries and have to be integrated at all levels and in all aspects and instruments of the Union's Foreign policy in order to increase the coherence, effectiveness and credibility of the EU's support for human rights defenders; considers that the development, effective implementation and regular follow-up of specific country strategies on human rights and democracy could substantially contribute to this targeting approach;

18.  Considers that human rights defenders in third countries will be better protected by making the EU human rights dialogues more effective; stresses the need to systematically raise the situation of human rights defenders in all political and human rights dialogues and in trade negotiations with third countries, and more generally the situation and the improvement of the right to freedom of association, in national legislations, regulations and practices, reminding partners of the responsibility of States to ensure that all the obligations and rights embodied in the UN Declaration on Human Rights Defenders are included in national law, including the right to freedom of association, freedom of assembly and the right to receive domestic and foreign funding in full transparency and in respect of their autonomy of decision, as well as freedom of expression, which is a right essential to the work of human rights defenders; underlines that partner states should also be reminded of the obligation and the responsibility to protect and promote respect of human rights defenders and their work, by creating conditions that fully enable the exercise of advocacy, monitoring and reporting on human rights;

19.  Takes the view that, as regards receipt of domestic and foreign funding, specific criteria should be adopted in balance with appropriate transparency and the necessary confidentiality; calls for measures to ensure that account is taken of any other criterion which may be invoked by human rights defenders if it is considered essential for carrying out their work;

20.  Reiterates that the European Parliament's delegations, as bodies responsible for the EP's relations with third countries, could play an even more substantial role in the effort to help human right defenders, pursuant to the specific guidelines for human rights and democracy actions of MEPs in their visits to third countries;

21.  Calls for more emphasis to be placed on the role of the European Parliament in the EU's human rights dialogues with third countries;

22.  Encourages the inclusion of the business community in human rights dialogues;

23.  Considers there is need for both a coherent, coordinated EU approach as well as room for complementary roles for Member States when it comes to protecting human rights defenders;

24.  Condemns the climate of impunity for violations committed against defenders prevailing in numerous countries of the world; calls upon the Council and the Commission to raise this issue in their bilateral contacts, urging all states to ensure that perpetrators, regardless of their position or function, are brought to justice through independent and effective disciplinary and criminal procedures, bearing in mind always the possibility of appealing finally, after exhausting the domestic judicial instances of a state, to the European Court of Human Rights;

25.  Stresses the need to ensure that the invocation of national and public security, including counter-terrorism, is not used arbitrarily against human rights defenders;

26.  Points out that parliamentarians also play a crucial role when ensuring that national legislation potentially affecting human rights defenders and their activities is brought into conformity with internationally recognised human rights standards; underlines therefore the importance of these issues being systematically addressed by Members of the European Parliament in bi- and multilateral meetings with other parliamentarians and with experts on the ground, in line with its specific guidelines for human rights and democracy actions of MEPs in their visits to third countries;

27.  Underlines the importance of independent civil society being fully involved in the preparation of all human rights dialogues, either through civil society seminars or other means; considers that the link between civil society seminars and formal dialogue needs to be strengthened, through publication of the recommendations issued and a better follow-up and feed-back to civil society once a dialogue has taken place; stresses the importance of continuing to raise individual cases during the dialogues and considers that making the list of names public would enhance the impact of EU actions and increase public attention for these cases, provided that public disclosure does not put human rights defenders at risk; stresses the importance of cooperating with other human rights defenders and civil society in the assessment of such risk;

28.  Considers that the European Instrument for Democracy and Human Rights (EIDHR), which has already demonstrated its capacity to support and promote the respect for human rights and the strengthening of the rule of law, should continue to further enhance the direct support for human rights defenders so as to meet both their short-term and long-term needs, ensuring that it also reaches out to particular vulnerable groups and defenders living in remote areas and areas on which less attention is focused;

29.  Calls for the Council and the High Representative to systematically denounce and reprimand international companies when the latter provide oppressive regimes with surveillance technology, thereby facilitating persecution and arrests of human rights defenders;

More transparency and visibility as protection measure

30.  Calls on the Council and the Commission to increase awareness among human rights defenders, the EEAS, EU embassies and EU Foreign Ministries about the existence of the guidelines through targeted actions, in order to ensure their full endorsement and application; considers that the annual meetings foreseen in the guidelines would provide substantial support to human rights defenders and also increase the credibility and visibility of EU action, thereby clearly showing how important the protection of human rights is to the EU;

31.  Stresses that public recognition and visibility given to human rights defenders and their work can also contribute to their protection in difficult circumstances, as perpetrators might refrain from action when abuses will not occur unnoticed; calls on EU Member States and EU delegations, whenever possible, to publish démarches and other activities undertaken regarding a specific case, always in consultation with the human rights defender and his or her family; calls on EU Missions to provide human rights defenders and/or their families, as well as NGOs which have alerted the EU to a particular case, with systematic feedback about any action, in whatever format, taken on their behalf, as spelled out in the guidelines;

32.  Calls on the High Representative of the European Union for Foreign Affairs and Security Policy and on all Commissioners with responsibilities in the area of External Relations to systematically meet with human rights defenders when they officially travel in third countries, and underlines that support for human rights defenders should also be imperatively included in the mandate of EU Special Representatives; underlines that both the High Representative and the Special Representatives will be held accountable by the European Parliament for their action in this regard;

33.  Underlines the need to actively support and develop proposals on how the Sakharov Prize network, launched in December 2008 on the occasion of the 20th Anniversary of the Sakharov Prize, could be used as part of a sustained support for human rights defenders, as well as to better capitalise on the possible contribution of the laureates towards different actions by the European Parliament, with the aim of fulfilling its mandate; reiterates its concern over the infringements of the human rights of certain Sakharov Prize winners;

Towards a more coordinated and result-oriented action in favour of Human Rights defenders

34.  Considers that the EU needs to develop a holistic approach towards human rights defenders in order to increase the credibility and efficiency of EU policy amongst EU Member States and in relation to third countries, including at the same time support measures to secure their activities, as well as preventive and protection measures, while taking into account both short-term and long-term needs of human rights defenders; underlines that the revised Strategy for EIDHR and the EU guidelines on human rights defenders should reflect this approach;

35.  Considers that the EU should clearly indicate the appropriate sanctions which could be applied to third countries which perpetrate serious human rights violations, and apply them; reiterates once again its request to the Commission and the Council and in particular to the VP/HR to make the human rights clause in international agreements effective and thus to set up a genuine enforcement mechanism of that clause in the spirit of Articles 8, 9 and 96 of the Cotonou Agreements;

36.  Considers, in order to develop more result-oriented action, that the High Representative of the European Union for Foreign Affairs and Security Policy should regularly evaluate the implementation of the EU Guidelines on Human Rights Defenders by each EU delegation in third countries and should prioritise and closely follow up this work, and make recommendations to those missions for enhanced action where the implementation has been noticeably weak;

37.  Calls on the Council to make Europe more accessible for human rights defenders who are unable to stay in their home countries; calls on the Council and Commission to prepare and execute specific measures to ease access to Europe for such human rights defenders;

38.  Recalls the need to overcome the lack of a coherent protection and asylum strategy by the systematic implementation of emergency measures and initiatives on a short- and long-term basis; requests the High Representative to report to the European Parliament by the end of 2010 on the measures taken to that end;

39.  Reiterates its request for Member States to develop as a matter of priority a coordinated policy on the issuing of emergency visas for human rights defenders and members of their families, for which special schemes in Spain and Ireland can serve as example; strongly believes that giving the new European Union delegations the power to make recommendations to Member States on the issuing of emergency visas would be a great step forward for the human rights policy of the Union; takes the view that a clear reference to this possibility in the Draft Handbook for the processing of visa applications and the modification of issued visas would be of great help to achieve this common approach, as has already been expressed by the European Parliament during the process of legal scrutiny for the above-mentioned measure;

40.  Urges the 27 Member States to follow the same line with regard to the issuing of visas for human rights defenders;

41.  Emphasises the need to accompany these emergency visas with measures of temporary protection and shelter in Europe for human rights defenders, possibly providing for financial resources and housing to shelter human rights defenders, as well as accompanying programmes (human rights activities, lecturing in European universities, language courses, etc.); welcomes the Shelter Cities initiative promoted by the Czech Presidency as well as the Protection and Shelter Programme implemented by the Spanish Government since 2008, and calls on the VP/HR within the EEAS to finalise a European Protection and Shelter programme by the end of 2010 to be implemented in 2011 while not, however, taking responsibility away from other cities; therefore invites the High Representative to present to the European Parliament a manual on how to set up a shelter city as well as a framework proposal supporting networking between such cities; calls for further support to other existing initiatives in this regard;

42.  Further emphasises that in situations where the life or physical and mental health of a human rights defender might be at risk, Member States and EU delegations should also support and develop other protection tools and urgent response mechanisms; considers that this should be done in close cooperation with local human rights defenders and civil society;

43.  Welcomes current cooperation between the existing protection mechanisms at European and international level, which could be further strengthened through systematic exchange of information and strategy, so as to ensure a better complementarity between all of them in terms of both sharing information for emergency cases and coordination for long-term support actions, e.g. through the use of a secure online platform accessible to all official stakeholders; welcomes in this respect the annual meetings organised by the Council of Europe as well as the ‘inter-mechanisms’ annual meetings organised by the Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), with the aim of strengthening the interaction between international and regional mechanisms and institutions for the protection of human rights defenders; invites the existing taskforces on human rights defenders in Europe, within the framework of the Council Working Party on Human Rights and the Council of Europe - the latter being an initiative of the Council of Europe's Commissioner for Human Rights - to explore ways to work more closely together;

44.  Calls, in the context of the implementation of the Treaty of Lisbon, for the EU institutions to establish an inter-institutional cooperation mechanism on human rights defenders; understands that the creation of such a mechanism could be eased by the setting up of focal points for human rights defenders in all the EU institutions and organs, with such focal points working in close cooperation with those responsible for human rights and democracy in EU missions and delegations;

45.  Invites the Council and Commission to explore the possibilities of creating an alert system mechanism to be shared between EU institutions and all other protection mechanisms;

46.  Believes that information sharing would also be facilitated by the creation of specific data bases, or ‘log books’, in order to keep track of activities undertaken, especially in regard to individuals, while guaranteeing full respect for confidentiality;

47.  Calls on the Commission to follow and monitor regularly the short- and long term implementation of the EU Guidelines on Human Rights Defenders and report back to the Human Rights Subcommittee of the European Parliament;

o
o   o

48.  Instructs its President to forward this resolution to the Council, the Commission, and to EU Member States.

(1) OJ C 187 E, 24.7.2008, p. 214. (2) OJ L 386, 29.12.2006, p. 1. (3) OJ C 131 E, 5.6.2003, p. 147. (4) RES/1660(2009). (5) CM/Rec(2007)14. (6) OJ L 243, 15.9.2009, p. 1.

European Parliament legislative resolution of 17 June 2010 on the proposal for a directive of the European Parliament and of the Council amending Directives 2003/71/EC on the prospectus to be published when securities are offered to the public or admitted to trading and 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (COM(2009)0491 – C7-0170/2009 – 2009/0132(COD))

P7_TA(2010)0227 A7-0102/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2009)0491),

–  having regard to Article 251(2) and Articles 44 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0170/2009),

–  having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–  having regard to Article 294(3) and Articles 50 and 114 of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Central Bank(1),

–  having regard to the opinion of the European Economic and Social Committee of 18 February 2010(2),

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs (A7-0102/2010),

1.  Adopts the position at first reading hereinafter set out;

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

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

Position of the European Parliament adopted at first reading on 17 June 2010 with a view to the adoption of Directive 2010/.../EU of the European Parliament and of the Council amending Directives 2003/71/EC on the prospectus to be published when securities are offered to the public or admitted to trading and 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2010/73/EU)

(1) OJ C 19, 26.1.2010, p. 1. (2) Not yet published in the Official Journal.

European Parliament legislative resolution of 17 June 2010 on the proposal for a regulation of the European Parliament and of the Council establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Regulation (EC) No 1984/2003 (COM(2009)0406 – C7-0124/2009 – 2009/0116(COD))

P7_TA(2010)0228 A7-0119/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2009)0406),

–  having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0124/2009),

–  having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–  having regard to Article 294(3) and Article 43(2) of the Treaty on the Functioning of the EU,

–  having regard to the opinion of the European Economic and Social Committee of 17 March 2010(1),

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Fisheries (A7-0119/2010),

1.  Adopts its position at first reading hereinafter set out;

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

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

Position of the European Parliament adopted at first reading on 17 June 2010 with a view to the adoption of Regulation (EU) No .../2010 of the European Parliament and of the Council establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 640/2010)

(1) Not yet published in the Official Journal.

European Parliament legislative resolution of 17 June 2010 on the draft Council decision on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (06714/2010 – C7-0067/2010 – 2010/0814(NLE))

P7_TA(2010)0229 A7-0199/2010

(Consultation)

The European Parliament,

–  having regard to the draft Council decision (06714/2010),

–  having regard to Article 4 (2) of the Act of Accession of 25 April 2005, pursuant to which the Council consulted Parliament (C7-0067/2010),

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee of Civil Liberties, Justice and Home Affairs (A7-0199/2010),

1.  Approves the draft Council decision as amended;

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

3.  Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially;

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

Text proposed by the Council   Amendment Amendment 1 Draft decision Recital 3 (3)  On XXXX 2010, the Council concluded that the conditions in this area had been fulfilled by the Republic of Bulgaria and Romania. It is therefore possible to set a date from which the Schengen acquis relating to the Schengen Information System (SIS) may apply in those Member States. (3)  On XXXX 2010, the Council concluded that the conditions in this area had been fulfilled by the Republic of Bulgaria and Romania. It is therefore possible to set a date from which the Schengen acquis relating to the Schengen Information System (SIS) may apply in those Member States. Each Member State concerned should inform the European Parliament and the Council in writing, in the course of the six-month period beginning on the date of entry into force of this Decision, of the follow-up they intend to give to the recommendations contained in the evaluation reports and mentioned in the follow-up which are still to be implemented.

European Parliament resolution of 17 June 2010 on the quality of statistical data in the Union and enhanced auditing powers by the Commission (Eurostat)

P7_TA(2010)0230 B7-0375/2010

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2010)0053),

–  having regard to Commission proposal (COM(2005)0071 – 2005/0013(CNS)),

–  having regard to the opinion issued by the European Central Bank (ECB) on 31 March 2010 (CON/2010/28),

–  having regard to the report by the Commission on Greek Government Deficit and Debt Statistics (COM(2010)0001),

–  having regard to the report of the Committee on Economic and Monetary Affairs (A7-0227/2009),

–  having regard to the question of 4 June 2010 to the Commission on the quality of statistical data in the Union and enhanced auditing powers by the Commission (Eurostat) (O-0080/2010 – B7-0314/2010),

–  having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A.  whereas the Commission (Eurostat) has so far lacked the necessary investigative powers to improve the quality of European statistics,

B.  whereas recent events have demonstrated that a properly functioning statistical system is a precondition for reliable data; whereas the political will to comply with common rules and make real progress towards stronger statistical governance has been lacking,

C.  whereas the Greece case is a clear illustration of the lack of quality fiscal statistics in the Union: it shows that progress since 2005 has not been sufficient to bring the quality of Greek fiscal data to the level reached by other Member States,

D.  whereas the 2005 Commission proposal already called for more audit-style powers for the Commission (Eurostat) and for commonly agreed minimum standards for statistical data,

E.  whereas in 2005 several key Member States were opposed to a strengthening of Eurostat's powers, despite the already clear evidence that the rules and their implementation were inadequate,

F.  whereas it is commonly understood that the current situation has to be improved and that the Commission (Eurostat) needs to be allocated more investigative powers; whereas there seems to be a lack of political will, particularly in the Council, to take the necessary steps to enforce the powers of the Commission (Eurostat),

G.  whereas the human resources required to provide a comprehensive and detailed overview of national statistics are clearly lacking, a problem which needs to be addressed at both EU and national level,

H.  whereas it has been demonstrated that reliable data on social security funds, hospital arrears and transactions between governments and public enterprises is crucial,

1.  Calls on the Council to ensure that political undertakings in the area of statistics are honoured and to accept in full the Commission proposal (COM(2010)0053) and the relevant amendments tabled by the ECB and Parliament;

2.  Calls on the Council to strengthen the role and independence of the Commission (Eurostat);

3.  Calls on the Council and the Member States to accept that the Commission (Eurostat) should be given responsibility to carry out unannounced inspections in Member States to verify statistical data;

4.  Regards the Commission proposal as the minimum needed in the light of the Greece case; emphasises that the reporting obligations need to be enforced in all Member States and that reporting should include details of any previous off-balance-sheet activity;

5.  Calls on the Member States to end the use of off-balance-sheet debt structures of any kind; calls on the Commission to propose binding legal measures to oblige Member States to end the practice of using off-balance-sheet debt structures of any kind;

6.  Calls on the Commission to state what powers and staff it needs to carry out effective and real monitoring of national statistics in the medium and long term;

7.  Draws attention to the tendency among Member States to keep certain liabilities off their balance sheets, in particular in respect of future payments necessitated by public-sector pensions and by long-term contracts with the private sector for the leasing or provision of public facilities; calls for a solution that ensures consistent and open disclosure of such liabilities in national statistics;

8.  Calls on the ECB to cooperate closely with the Commission (Eurostat) to ensure the consistency of the Member States' statistics;

9.  Calls on the Commission (Eurostat) to do its utmost to prevent methodological shortcomings and unsatisfactory administrative problems, as in the Greece case, from appearing again in any Member State;

10.  Calls on the Council and the Member States to provide the Commission (Eurostat) with public finance data based on a standardised and internationally accepted method of accounting;

11.  Calls on the Member States to provide the Commission (Eurostat) and the national statistical institutions with the necessary access and resources in order to make real checks on the underlying data possible;

12.  Calls on the Member States which are already in or are applying for membership of the eurozone to allow the ECB to take part in unannounced inspections and to empower its staff to have access to any of their statistics;

13.  Calls on the Member States to establish clear responsibilities as regards the production and compilation of statistical data; clear national responsibilities, including personal responsibilities, are a necessary requirement for the work for the Commission (Eurostat);

14.  Calls on the Commission to tighten up the implementation of the European Statistical Code of Practice, which strengthens the independence, integrity and accountability of the National Statistical Institutes and of the Commission (Eurostat) with the aim of promoting the application of best international statistical principles, methods and practices by all producers of European statistics in order to optimise their quality;

15.  Calls on the Council and the Member States to accept unreservedly the need for regular dialogue and in-depth monitoring visits by the Commission (Eurostat), so as to enhance monitoring of the reported data and provide permanent assurance of the quality of the data;

16.  Calls on the Council to increase support for OLAF's work, which Parliament sees as playing an essential role in protecting the financial interests of the European Union and, thereby, EU citizens, as well as a major role in upholding the reputation of the European institutions; considers, therefore, that a human resources strategy which raises staffing levels and ensures that the current high staff quality standards are maintained should be drawn up;

17.  Calls on the Commission and the Council to involve the European Statistical Governance Advisory Board more closely as an independent adviser; the Advisory Board may assist the Commission (Eurostat) during its visits to the Member States;

18.  Stresses that accurate statistics and improved verification of the reliability of aggregate data provided to Eurostat are essential prerequisites if any improved surveillance is to be effective;

19.  Stresses that Eurostat's powers should be enhanced;

20.  Considers that open and transparent statistical information should be a precondition for obtaining Structural Fund support;

21.  Instructs its President to forward this resolution to the Council, the Commission, the European Council, the President of the Eurogroup and the European Central Bank.

European Parliament resolution of 17 June 2010 on gender aspects of the economic downturn and financial crisis (2009/2204(INI))

P7_TA(2010)0231 A7-0155/2010

The European Parliament,

–  having regard to the Commission communication of 3 October 2008 entitled ‘A better work-life balance: stronger support for reconciling professional, private and family life’, (COM(2008)0635),

–  having regard to the Commission communication of 26 November 2008 on A European Economic Recovery Plan (COM(2008)0800),

–  having regard to the Commission communication for the Spring European Council on Driving European Recovery of 4 March 2009 (COM(2009)0114),

–  having regard to the Commission working document on Consultation on the future ‘EU2020’ Strategy of 24 November 2009 (COM(2009)0647),

–  having regard to the Commission report of 3 October 2008 entitled ‘Implementation of the Barcelona objectives concerning childcare facilities for pre-school-age children’ (COM(2008)0638),

–  having regard to the Commission report of 27 February 2009 on equality between women and men – 2009 (COM(2009)0077),

–  having regard to the Commission report of 18 December 2009 on equality between women and men – 2010 (COM(2009)0694),

–  having regard to the Commission communication of 7 June 2000 entitled ‘Towards a Community Framework Strategy on Gender Equality (2001-2005)’ (COM(2000)0335) and the Commission's annual reports on equality between women and men in the European Union for 2000, 2001, 2002, 2004, 2005, 2006, 2007 and 2008 (COM(2001)0179, COM(2002)0258, COM(2003)0098, COM(2004)0115, COM(2005)0044, COM(2006)0071, COM(2007)0049 and COM(2008)0010) respectively,

–  having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)(1),

–  having regard to the proposal for a directive of the European Parliament and of the Council on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Directive 86/613/EEC (COM(2008)0636), presented by the Commission on 3 October 2008,

–  having regard to the proposal for a directive of the European Parliament and of the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (COM(2008)0637), presented by the Commission on 3 October 2008,

–  having regard to the state of progress with ratifications of the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No 197),

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

–  having regard to the motion for a recommendation of the Council of Europe on the impact of the economic and financial crisis on women, Doc 11891, 4 May 2009,

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

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

–  having regard to its resolution of 24 October 2006 on women's immigration: the role and place of immigrant women in the European Union(2),

–  having regard to its resolution of 13 March 2007 on a roadmap for equality between women and men (2006-2010)(3),

–  having regard to its resolution of 3 September 2008 on equality between women and men 2008(4),

–  having regard to its resolution of 18 November 2008 with recommendations to the Commission on the application of the principle of equal pay for men and women(5),

–  having regard to its resolution of 6 May 2009 on the active inclusion of people excluded form the labour market(6),

–  having regard to its resolution of 8 October 2009 on the effects of the global financial and economic crisis on developing countries and on development cooperation(7),

–  having regard to Eurostat Statistics in Focus 53/2009, ‘Sharp increase in unemployment in the EU’,

–  having regard to Eurostat Statistics in Focus 97/2009, ‘Recession in the EU-27: length and depth of the downturn varies across activities and countries’,

–  having regard to Rule 48 of its Rules of Procedure,

–  having regard to the report of the Committee on Women's Rights and Gender Equality (A7-0155/2010),

A.  whereas the world economy is facing the most severe recession since the Great Depression, with social consequences across the EU and beyond; whereas the economic and financial crisis in Europe is having a particularly harmful impact on women – who are more likely to be in insecure jobs, more liable to be made redundant and less likely to have social security cover – a circumstance which has so far not been given the attention it deserves by the Council, the Commission and the Member States,

B.  whereas the first wave of the crisis hit mostly the male-dominated financial sector as well as the construction and car industries, this way gaining more attention, however the second wave of the crisis equally negatively affected the mostly female-dominated retailing, general services sector and tourism; therefore it is necessary to address the gender dimension of the impact of and solution to the economic and social crisis in national and European recovery plans,

C.  whereas mainstream economists have pointed out that the credit crunch, which started the recession, was quite literally a man-made disaster; whereas responses at state and international level – which were not sufficiently gender-inclusive – have also been decided upon mainly by men; whereas it is important that women, who are generally better qualified than men, be fully included in the decision-making process in the political, economic and financial spheres as well as social partners agreements,

D.  whereas recent studies have shown that only 5% of those with decision-making responsibilities in the EU financial institutions are women and all 27 central bank governors in the Member States are men, and whereas gender studies have pointed out that women manage in a different way by avoiding risk and focusing more on a long-term perspective,

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

F.  whereas women accounted for 59% of first-degree graduates at universities in 2006; whereas women's share of PhDs decreases to 43% and is lowest at full professor level; whereas only 15% of grade A full professors are women,

G.  whereas women outnumber men in business, management and law faculties, but are in the minority in corporate and political positions of responsibility; whereas few women have IT, engineering or physics degrees and women are consequently under-represented in the private sector, which is crucial in economic recovery,

H.  whereas the economic slowdown is likely to affect women more than men; whereas there is a risk that the current recession will delay advances, or even reverse progress, with longer-term consequences for the social protection systems, social inclusion and demography,

I.  whereas gender equality measures have been cancelled or delayed and possible future cuts in public budgets will have a negative effect on female employment and on the promotion of equality; whereas the proper implementation of Directive 2006/54/EC mentioned above becomes increasingly important,

J.  whereas gender equality has a major positive impact on economic productivity and growth and women's participation in the labour market has a host of social and economic benefits,

K.  whereas the gender pay gap across the EU27 has remained very high over the past 35 years since Directive 75/117/EEC(8) was implemented, rising to 18% on average in 2010 in the EU and in some Member States up to 30%; whereas the gap is greater in the private sector than in the public reflecting ongoing inequalities in the labour market, which in practice mainly affect women,

L.  whereas the economic downturn should not be used to slow down progress on reconciliation policies and to cut budgets allocated to care services and leave arrangements, affecting in particular women's access to the labour market; whereas particular consideration must be given to the need for single-parent families and large families to be able to reconcile family and professional obligations,

M.  whereas, according to the European Foundation for the Improvement of Living and Working conditions, women spend three times as much time as men on caring for children, dealing with domestic issues and looking after dependent relatives; whereas the sharing of family and domestic duties between men and women, not least by developing the use of parental leave and paternity leave, is a precondition for promoting and achieving gender equality; and whereas not counting periods of maternity and parental leave towards aggregate working times is discriminatory and places women in a worse situation on the labour market,

N.  whereas the Council conclusions of 30 November 2009(9) under the Swedish Presidency called on the Member States and the Commission to strengthen the gender dimension in the EU 2020 strategy; whereas the Commission's EU 2020 consultation paper has failed to take this into account, as it lacks a single mention of gender mainstreaming; whereas it is, however, essential to integrate a gender perspective in a new financial and economic architecture and policy and to ensure that recovery plans and structural adjustment programmes undergo a gender-impact assessment and integrate a gender perspective,

O.  whereas there is a need to step up the efforts to mainstream the gender perspective into public policy,

P.  whereas in times of economic recession particularly, people who are already at risk of falling into poverty, the majority of whom are women, become even more vulnerable, especially female migrant workers and those belonging to a minority group; whereas efforts and complete solutions to eradicate poverty as agreed upon by the Lisbon European Council as long ago as 2000 have become a matter of urgency; whereas special attention should be paid to protecting those groups facing multiple disadvantages, especially the Roma, and to ensure their inclusion into society,

Q.  whereas quality full-time employment with rights is a safeguard against poverty and social exclusion as well as a springboard to financial and psychological independence; whereas by addressing universal access to quality public services, it is crucial to design and implement policies, that respond to the needs of women and men respectively, including access to affordable, accessible and quality care services for children, the elderly and other dependents,

R.  whereas, as well as ensuring respect for differences and for cultural diversity, developing policies that facilitate access to the labour market for women belonging to specific cultural or minority groups reduces social exclusion and enhances social cohesion, which in turn stimulates economic growth,

S.  whereas domestic violence, which mainly affects women, is a widespread problem in every country and every social class; whereas studies have shown that violence against women intensifies when men experience displacement and dispossession as a result of the economic crisis; whereas economic stress often leads to more frequent, more violent and more dangerous abuse; whereas the cost of domestic violence to the EU is in the region of EUR 16 million per annum,

T.  whereas employment is a key factor for social inclusion; whereas focused and broad efforts need to be introduced in order to eradicate poverty against the background of rising income inequality, poverty and the economic and financial crisis,

1.  Points out that equal treatment of women and men is one of the objectives of the EU and therefore one of the key principles in any policy response to the economic and financial crisis and the transition towards the post-crisis era;

2.  Emphasises the Commission's findings that the current crisis has raised concerns that the achievements in gender equality are at risk and that the effects of the recession are liable to affect women in particular;

3.  Stresses the need to prevent the current financial and economic crisis, and future economic issues, endangering what has been achieved so far in the field of gender equality and to avoid the recession being used, as is already the case in some Member States, as an argument for scaling back gender equality measures;

4.  Emphasises that gender equality policies must be viewed as part of the solution to ending the crisis, harnessing and fully exploiting the skills and abilities of all Europeans and, in the future, forging a more competitive economy;

5.  Points out that women's integration into the workplace in recent decades means not only a greater direct impact of the crisis on women themselves but also on households, where incomes will be significantly affected by female job losses; calls on the European Union institutions and the Member States to take into account the hidden cost of the crisis, including the different and often unacknowledged gendered consequences;

6.  Points out that the experience of previous crises shows that the male employment rate generally recovers more quickly than that for women;

7.  Points out that macro-economic policies are predominantly associated with an increase in the gender segregation of labour, destabilisation of women's employment through subcontracting, increases in the gender pay gap, reduction in women's access to health and education, increased inequality in access to credit, land and property, and deepening of the feminisation of poverty;

8.  Recalls that wage differentials between women and men persist and are liable to be aggravated by the economic and financial crisis; calls on the European Institutions and the Member States to adopt clear objectives and propose binding measures to combat wage differentials;

9.  Urges the Commission to submit a legislative proposal on the revision of the existing legislation relating to the application of the principle of equal pay for men and women (Directive 75/117/EEC mentioned above) as already requested by the Parliament in 2008; welcomes the Commission's recent initiative on improving the provisions on sanctions in case of a breach of the right to equal pay, to ensure that they are dissuasive and proportional (for instance, higher sanctions in cases of repeated offences);

10.  Points out that public expenditure in the area of health is the responsibility of individual Member States and their national parliaments and/or local authorities;

11.  Regrets that many women have already lost or are expected to lose their jobs, particularly those working in retailing, services, and tourism as well as women in part-time and precarious jobs; underlines the fact that, at the same time, a fall in the supply of micro-credit is expected to result in a decrease in earnings among self-employed women workers, especially those in the agricultural and rural sectors; stresses that female unemployment can be expected to rise disproportionately as public sector budget cuts are announced, since women are disproportionately employed in education, health and social services;

12.  Emphasises the positive effect that gender equality has for economic growth; points out in this respect that some studies estimate that if employment, part-time employment and productivity rates for women were similar to those for men, GDP would increase by 30%;

13.  Recognises that many women have been empowered by recent job losses to establish their own businesses; calls on the Commission to bring forward legislation specifically aimed at SMEs to fulfil its objective of reducing administrative burdens on business by 25% by 2012 to help foster this entrepreneurial spirit;

14.  Welcomes Eurostat's gender-disaggregated statistics; believes, however, that more attention should be paid to part-time unemployment (an area often excluded from unemployment statistics); points out that long-time unemployment, lower wages and lower average working hours are likely to have profound consequences especially for women's earnings, social security allowances and, in the longer run, their pensions;

15.  Calls on the Commission to draw up a study at Union level on the relation between the number of women on company boards and companies' financial performance, taking into account the study drawn up by Catalyst Inc. in 2007 which concluded that companies with three or more women on the board have an 83% higher return on shares and a 73% higher return on sales;

16.  Emphasises that the crisis will have the worst effect on vulnerable groups of women: disabled women, immigrant women, women from ethnic minorities, women with few qualifications, women who are long-term unemployed, single women without means and women caring for dependents, etc.;

17.  Points out that migrant workers are likewise affected by the crisis, as are their families back home; refers to the fact that the scale of female migration is often under-reported and with it the impact on families dependent on their wages for survival, as a result of which women may find themselves in an even more vulnerable position when they return home, rejected by their communities and families;

18.  Underlines and welcomes the fact that interventions and solutions require a contextual understanding of the crisis and recognition that there is not a ‘one-size-fits-all’ response; stresses that, at the same time, the recession can be used as a unique opportunity to make economic and social policies more gender-inclusive and to move towards creating a more gender-equal society;

19.  Stresses the need to combat stereotypes in all walks and at all stages of life, since these are one of the most persistent causes of inequality between men and women in affecting their choices in the field of education, training and employment, the distribution of domestic and family responsibilities, participation in public life and participation and representation in decision-making positions, and in their choices regarding the labour market;

20.  Notes with regret the fact that policy responses to the crisis, including recovery packages, have failed to acknowledge, analyse and rectify the gender impact of the crisis; regrets the fact that gender mainstreaming in the post-Lisbon strategy is basically non-existent; calls on the Council, the Commission and the Member States to integrate gender equality with specific targets into the employment and macro-economic guidelines and the EU 2020 Strategy, and to introduce gender budgeting in all policies;

21.  Considers that although women's employment in the EU is close to meeting the target of 60% in 2010, there is a need to set a more ambitious target of 75% by 2020; also emphasises the need to reduce the pay gap;

22.  Calls on the Commission, the Council and the Member States to take the necessary steps to mainstream the gender perspective into all EU policies and to review the existing legislation so as to ensure that gender equality is correctly applied and that positive discrimination measures can be applied where these are necessary;

23.  Calls on the Council, the Commission, the Member States and especially Parliament's Special Committee on Financial, Economic and Social Crisis (CRIS) to ensure that recovery plans and structural adjustment programmes undergo a gender-impact assessment (ex-post assessment in cases where it has not been done ex-ante) and integrate a gender perspective including gender-disaggregated data and statistics;

24.  Urges the Council, the Commission and the Member States to ensure that regression and financial cuts do not affect the policies and the functioning of the structures aimed at achieving equality between women and men at all levels in the governmental and non-governmental sector; regrets that such financial cuts have already taken place in some countries;

25.  Calls on the Council, the Commission and the Member States to analyse and counteract the negative effects of reductions in public spending and social benefits, especially in the context of cuts in public spending at local level, in order to ensure that women are not left with a disproportionate burden of care (children, the elderly, and dependent persons);

26.  Points out that the lack of care policies and infrastructure has led to an increase in female migrant domestic workers filling these gaps in private homes without access to social and work-related protection and benefits; calls on the Member States to urgently combat illegal employment and integrate legal migrant workers into social security and healthcare schemes;

27.  Calls on the Member States to develop affordable, accessible and quality care services for children and other dependants, in line with the European targets, and to ensure that the availability of those services is compatible with women and men's full-time working schedules; urges the Commission and the Member States to fully capitalise on the potential of the Structural Funds and of the European Agricultural Fund for Rural Development and to facilitate access to the financing of quality services; urges the Commission to propose a directive on paternity, adoption and filial leave;

28.  Points out that violence against women and men increases in times of economic upheaval; therefore encourages the Member States to use national legislation to address all forms of gender-based violence and welcomes the Spanish Presidency's initiative to set up an Observatory on Violence against Women; likewise welcomes the initiative by a group of Member States regarding the overarching instrument on the protection of victims (European Protection Order);

29.  Calls on Member States to promote collective awareness of the phenomenon of violence against women, particularly by means of public information campaigns; recalls that education and measures to raise young people's awareness are essential in order to combat this type of phenomenon;

30.  Asks the European institutions, the Member States and the local and regional authorities to take effective steps, notably through legislation, to encourage gender balance in corporate and political positions of responsibility, including on boards of directors, and in local, regional, national and European public institutions, administrations and organisations which should set an example; therefore calls for binding targets to ensure the equal representation of women and men;

31.  Stresses that women are under-represented in financial decision-making - in fact women are one of the groups currently excluded from financial decision-making that are adversely affected by financial risk; calls on the Council, the Commission and the Member States to improve women's participation at all levels of decision-making, especially in the areas of budgeting and of governance arrangements for European financial systems, including the European Central Bank; in this context, stresses the need to promote financial literacy for girls and women;

32.  Welcomes the Norwegian Government's decision to increase the number of women on the boards of public limited companies to at least 40 %, which has made it possible to raise the proportion of women on boards to the current figure of 41%; calls on the Commission and the Member States to take the Norwegian initiative as a positive example and move in the same direction for listed companies;

33.  Welcomes the need for increasing the number of women on boards of public limited companies, but stresses that national governments should take action which is appropriate to their own needs;

34.  Points out that investment in social infrastructure is an opportunity to modernise Europe and promote equality and can be seen as a parallel strategy to investment in green technologies modernising the physical infrastructure; considers that gender equality should therefore be a policy priority and an essential tool;

35.  Notes that, in the light of the EU 2020 Strategy, the ‘green economy’ is crucial; underlines the fact that ‘green jobs’ have the potential to become a key growth segment of the future European labour market, that today more than 20 million jobs in the European Union can be considered as ‘green’ and that recent evidence shows that jobs in the renewable energy sector alone have a potential to double to 2.8 million by 2020;

36.  Points out that the ecological conversion of the economy and the transition to a low-carbon economy will create a huge demand for skilled workers; refers to the fact that female workers are strongly under-represented in the renewables sector and especially in science and technology-intensive jobs; asks the Council, the Commission and the Member States to make sure that female workers are included more in training projects and programmes on ecological transformation, i.e. in the renewable sector, science and technology-intensive jobs; calls on the Member States to encourage women in local entrepreneurial initiatives in these fields by facilitating access, through dissemination of data and training workshops, to available European Structural Funds;

37.  Encourages employers in the Member States to create more opportunities for female workers in new technologies in order to strengthen the high-tech sector in accordance with the EU 2020 objectives;

38.  Calls on the Council, the Commission and the Member States to promote full implementation at national level of European Structural Funds to address the effects of recession through retraining and upskilling initiatives on the basis of Article 16 of the General Regulation(10) and Article 6 of both Regulations on the European Social Fund(11) and on the European Regional Development Fund(12);

39.  Calls for the EAFRD Regulation to be amended to enable proactive measures to be taken in support of women in the 2014-2020 programming period, which was possible in previous periods but not in the current one, and which will have very beneficial effects on women's employment in rural areas;

40.  Calls on the Member States to develop mechanisms for equality governance to include gender expertise within governmental departments and other agencies that implement measures under the Cohesion and Structural Funds and promote women's organisations and networks;

41.  Encourages the European Institute for Gender Equality to undertake a gender impact analysis of the economic and financial crisis; considers that this impact assessment should be performed with the aid of precise indicators taking account of the specific context of the crisis; calls on the other European institutions, such as the European Foundation for the Improvement of Living and Working Conditions, to propose responses to gender issues in their ongoing work;

42.  Stresses the need to develop programmes and financial incentives to encourage and promote the participation of women in small and medium-sized enterprises;

43.  Calls on the Council, the Commission and the Member States to recognise and provide support for the contribution that civil society can make in addressing the financial and economic crisis, particularly in the light of the European Year on Poverty and Social Exclusion;

44.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the social partners and the relevant NGOs.

(1) OJ L 204, 26.7.2006, p. 23. (2) OJ C 313 E, 20.12.2006, p. 118. (3) OJ C 301 E, 13.12.2007, p. 56. (4) OJ C 295 E, 4.12.2009, p. 35. (5) OJ C 16 E, 22.1.2010, p. 21. (6) Texts adopted, P6_TA(2009)0371. (7) Texts adopted, P7_TA(2009)0029. (8) Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ L 45, 19.2.1975, p. 19). (9) Council Conclusions on Gender equality: strengthening growth and employment -input to the post-2010 Lisbon Strategy, Employment, Social Policy, Health and Consumer Affairs Council meeting, Brussels, 30 November 2009. (10) Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (OJ L 210, 31.7.2006, p. 25). (11) Regulation (EC) No 1081/2006 of the European Parliament and of the Council of 5 July 2006 on the European Social Fund (OJ L 210, 31.07.2006, p. 12). (12) Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund (OJ L 210, 31.7.2006, p. 1).

European Parliament resolution of 17 June 2010 on assessment of the results of the 2006-2010 Roadmap for Equality between women and men, and forward-looking recommendations (2009/2242(INI))

P7_TA(2010)0232 A7-0156/2010

The European Parliament,

–  having regard to Article 2 and Article 3(3), second subparagraph, of the Treaty on European Union (TEU) and Article 157 of the Treaty on the Functioning of the European Union (TFEU),

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

–  having regard to the Commission communication entitled ‘A Roadmap for equality between women and men: 2006-2010’ (COM(2006)0092),

–  having regard to the Commission communication of 26 November 2008 entitled ‘Mid-term progress report on the roadmap for equality between women and men (2006-2010)’ (COM(2008)0760),

–  having regard to the Commission report of 18 December 2009 entitled ‘Equality between women and men – 2010’ (COM(2009)0694),

–  having regard to the Commission communication of 7 June 2000 entitled ‘Towards a Community framework strategy on gender equality (2001-2005)’ (COM(2000)0335) and to the Commission's annual reports on equality between women and men in the EU for the years 2000, 2001, 2002, 2004, 2005, 2006, 2007, 2008 and 2009 (respectively, (COM(2001)0179, COM(2002)0258, COM(2003)0098, COM(2004)0115, COM(2005)0044, COM(2006)0071, COM(2007)0049, COM(2008)0010 and COM(2009)0077),

–  having regard to the UN legal instruments in the sphere of human rights and more especially women's rights, in particular the Convention on the Elimination of All Forms of Discrimination Against Women and the other UN instruments relating to violence against women, such as the Vienna Declaration and Programme of Action, adopted at the World Conference on Human Rights, and UN General Assembly resolutions 48/104 of 20 December 1993 on the elimination of violence against women, 58/147 of 19 February 2004 on the elimination of domestic violence against women, 57/179 of 30 January 2003 on working towards the elimination of crimes against women committed in the name of honour, and 52/86 of 2 February 1998 on crime prevention and criminal justice measures to eliminate violence against women,

–  having regard to the Platform for Action adopted at the Fourth World Conference on Women, held in Beijing from 4 to 15 September 1995, and to its resolutions of 18 May 2000 on ‘the follow-up to the Beijing Action Platform(1) and of 10 March 2005 on ‘the follow-up o the Fourth World Conference on Women – Platform for Action (Beijing + 10)’(2),

–  having regard to the UN Secretary-General's in-depth study of 9 October 2006 on all forms of violence against women,

–  having regard to the final report of the 49th session of the UN General Assembly's Commission on the Status of Women, published in March 2005,

–  having regard to the Protocol on the Rights of Women in Africa, also known as the Maputo Protocol, which entered into force on 26 October 2005 and expressly stipulates that all forms of female genital mutilation must be prohibited,

–  having regard to UN Security Council Resolution 1325 (2000) of 31 October 2000 on women and peace and security, which calls for women to be involved more widely both in the prevention of armed conflict and in peace-building,

–  having regard to the Council of Europe's work in this area, particularly the revised European Social Charter,

–  having regard to the Council of Europe Conference of Gender Equality Ministers resolution on ‘Bridging the gap between de jure and de facto equality to achieve real gender equality’ (2010),

–  having regard to the Council of Europe Commissioner for Human Rights' ‘Gender Identity and Human Rights’ Issue Paper (2009); Recommendation CM/Rec(2010)5 of the Council of Europe Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity; and Resolution 1728 (2010) and Recommendation 1915 (2010) of the Council of Europe Parliamentary Assembly on discrimination on the basis of sexual orientation and gender identity,

–  having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)(3),

–  having regard to the proposal for a directive of the European Parliament and of the Council on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Directive 86/613/EEC (COM(2008)0636), submitted by the Commission on 3 October 2008,

–  having regard to the proposal for a directive of the European Parliament and of the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding (COM(2008)0637), submitted by the Commission on 3 October 2008,

–  having regard to the Commission report of 3 October 2008 entitled ‘Implementation of the Barcelona objectives concerning childcare facilities for pre-school-age children’ (COM(2008)0638),

–  having regard to the May 2003 report by the Commission's Joint Committee on Equal Opportunities for Women and Men on gender mainstreaming in national budgets,

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

–  having regard to its resolution of 17 January 2006 on strategies to prevent the trafficking of women and children who are vulnerable to sexual exploitation(4),

–  having regard to its resolution of 24 October 2006 on ‘women's immigration: the role and place of immigrant women in the European Union’(5),

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

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

–  having regard to its resolution of 17 January 2008 on the role of women in industry(7),

–  having regard to its resolution of 13 March 2008 on Gender Equality and Women's Empowerment in Development Cooperation(8),

–  having regard to its resolution of 3 September 2008 on ‘Equality between women and men – 2008’(9),

–  having regard to its resolution of 18 November 2008 with recommendations to the Commission on the application of the principle of equal pay for men and women(10),

–  having regard to its resolutions of 24 February 1994(11) and 13 October 2005(12) on women and poverty in Europe, and its resolution of 3 February 2009 on non-discrimination based on sex and inter-generational solidarity(13),

–  having regard to its resolution of 19 February 2009 on Social Economy(14),

–  having regard to its resolution of 26 November 2009 on the elimination of violence against women(15),

–  having regard to its resolution of 10 February 2010 on preventing trafficking in human beings(16),

–  having regard to its resolution of 10 February 2010 on ‘equality between women and men in the European Union – 2009’(17),

–  having regard to Rule 48 of its Rules of Procedure,

–  having regard to the report of the Committee on Women's Rights and Gender Equality (A7-0156/2010),

A.  whereas, although equality between women and men is a necessary requirement for the full enjoyment of our universal human rights and a fundamental EU principle that has long been recognised in the Treaties, significant inequalities continue to make themselves felt in day-to-day politics and in women's lives,

B.  whereas gender equality policies constitute an instrument of economic development and social cohesion,

C.  whereas gender equality must be a mark of European cultural and political identity,

D.  whereas violence against women is a major obstacle to gender equality and is one of the most widespread human rights violations, knowing no geographical, financial or social barriers; whereas the number of women who are victims of violence is alarming,

E.  whereas we cannot continue to be tied to worn-out, environmentally unsustainable economic models based on an outdated sexual division of labour that has been superseded by women's absorption into the labour market; whereas we need a new and socially sustainable model based on knowledge and innovation, which incorporates the full range of women's skills into the economy, restores the balance of responsibilities between men and women in public and in private and provides a good work-life balance,

F.  whereas, although the 2006-2010 Roadmap for Equality has highlighted gaps in the achievement of full gender equality and, in some cases, driven the gender equality agenda forward, overall progress has been insufficient,

G.  whereas efforts to mainstream the gender perspective into public policy need to be stepped up,

H.  whereas, although it is still difficult to assess the full impact of the financial crisis, it is clear that the current economic and social crisis is having particularly serious consequences for women and for the long-term advancement of policies aimed at achieving equality between women and men, thereby exacerbating inequalities and discrimination,

I.  whereas gender equality has a positive impact on economic productivity and growth, and women's participation in the labour market has a host of social and economic benefits,

J.  whereas in our ageing society women will be indispensable to the labour market, while at the same time demand for care for the elderly will rise, most likely leading to the risk of a double burden for women,

K.  whereas those living in poverty – more than 85 million in all – are for the most part women, a situation brought about by unemployment, casual labour, low wages, pensions below the minimum subsistence level, and the widespread difficulty of obtaining access to good public services; whereas, moreover, in the past 10 years the number of women in poverty has risen disproportionately compared with the number of men,

L.  whereas in terms of average wages there is a gender pay gap of more than 17% ,leading to a pension gap and the feminisation of poverty in old age, and whereas indirect forms of discrimination tend to increase when unemployment is rising, thereby affecting women and girls,

M.  whereas there is a persistent gender care gap, with women providing double to more than triple the number of hours of unpaid care for children and other dependants compared with men,

N.  whereas women are often exposed to multiple discrimination because of their sex, age (especially in the case of older women), disability, ethnic/racial background, religion, national origin, migration status, socio-economic status, including women in single-person households, sexual orientation and/or gender identity, and whereas compound discrimination creates multiple barriers to women's empowerment and social advancement,

O.  whereas it is essential to guarantee equal access to resources, rights and power, implying a need to bring about social and cultural change, eliminate stereotypes and promote equality,

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

Q.  whereas sectoral and occupational segregation by gender is not diminishing, but actually rising in some countries,

R.  whereas family law (notably marriage and divorce law) often puts women in a weaker legal and financial position, and whereas courts sometimes add to the inequalities between men and women by applying family law on the basis of traditional role models instead of equal rights,

S.  whereas the right to conscientious objection is often abused by (religious) groups in order to reduce women's rights in areas such as health care and family law,

T.  whereas women's participation in decision-making is a decisive indicator of gender equality, whereas there are still not many women in management posts in businesses and universities and whereas the number of female politicians and researchers is rising only very slowly,

U.  whereas existing challenges and the experience acquired suggest that the lack of policy coherence between different areas has hampered the achievement of equality between women and men in the past and that women's rights need to be adequately resourced, coordinated more closely, publicised more widely and promoted more effectively, allowing for individual circumstances,

V.  whereas affirmative action in favour of women has proven essential for their full incorporation into the labour market and society in general,

W.  whereas, notwithstanding the decisions prompted by the 15th anniversary, there is still more work to do to translate the Beijing Platform for Action into reality,

X.  whereas gender-disaggregated data are an essential tool for achieving real progress and evaluating outcomes effectively,

Y.  whereas 2010 is the European Year for Combating Poverty and Social Exclusion, a fact which has to be reflected in policies and concerted action that genuinely help to improve the present situation,

Z.  whereas it is 100 years since 8 March was declared International Women's Day, and this anniversary has been commemorated; whereas it is important for women and the organisations representing them to be involved in promoting equality and fighting discrimination and inequalities,

AA.  whereas the reconciliation of work, family and private life remains an unresolved issue for both women and men,

AB.  whereas access to childcare and services for the care of the elderly and other dependants is essential if men and women are to be able to participate in the labour market, education and training on an equal footing,

AC.  whereas, in most of the Member States, social security regimes do not take sufficient account of the specific circumstances of women who live in poverty; whereas the danger of being reduced to poverty is much greater for women; whereas the sharing of family and domestic duties between men and women, not least by developing the equal use of parental leave by both parents, along with paternity leave, is a precondition for promoting and achieving gender equality; and whereas not counting periods of maternity and parental leave towards aggregate working times is discriminatory and places women in a worse position on the labour market,

Assessment of the 2006-2010 Roadmap

1.  Notes that, in the field of equal economic independence for women and men, the employment rate among women has reached almost 60%, as set by the Lisbon employment targets; regrets, however, the lack of binding measures addressing the persistent gender pay gap, and points out the need for urgent measures to improve the situation of women in precarious working conditions, in particular migrant and ethnic minority women, who are becoming even more vulnerable in the context of the economic and social crisis; calls, furthermore, for a reduction in gender inequalities in the public health system, to which equal access must be ensured;

2.  Welcomes the Commission's legislative proposals aimed at enhancing the reconciliation of work and private and family life; notes, however, that paternity, adoption and filial leave have not been addressed, and regrets that only a minority of Member States have achieved the Barcelona objectives of providing access to affordable and quality childcare; therefore calls on the Member States to make a renewed commitment to this objective;

3.  Regrets that women are still under-represented in political and economic decision-making positions in the majority of Member States; calls on the Commission to continue with further concrete measures to promote equal participation of women and men in decision-making;

4.  Notes the actions the DAPHNE III programme to prevent and combat violence against women; reiterates, however, the need for legislative measures at European level to eradicate gender-based violence;

5.  Welcomes the integration of gender equality as a priority into Community education and training programmes, with the aim of reducing stereotypes in society; regrets, however, that persistent gender stereotypes still serve as a basis for many inequalities; therefore calls on the Commission and the Member States to launch awareness-raising campaigns to break down stereotypes and traditional gender roles, in particular campaigns targeting men which highlight the need to share family responsibilities;

6.  Welcomes the Commission's commitment to the principles of the Millennium Development Declaration and the Beijing Platform for Action with regard to promoting gender equality outside the EU; calls for the strengthening of gender mainstreaming in the EU's development, external and external trade policies to be continued;

At institutional level

7.  Proposes that the EU's new gender equality strategy constitute an agenda for action and a political commitment based on the Beijing Platform for Action and its achievements, bearing in mind that the human rights of women and girls form an inalienable, indivisible and integral part of universal human rights;

8.  Points out that it is still essential to pursue the current roadmap's six priority areas of action, and calls on the Commission to introduce further concrete measures in order to ensure that the strengths of the existing roadmap can be further developed and thus visibly influence national and regional level instruments for achieving equality and women's empowerment;

9.  Proposes that European funding should be granted for the new strategy for equality between women and men in order to facilitate its execution at European level;

10.  Maintains that the Council, after consulting Parliament, has to adopt the Commission's proposed new gender equality strategy so as to give it greater political weight and provide fresh impetus for gender equality policy;

11.  Deplores the unsatisfactory way in which the gender perspective has been handled in the Commission's EU 2020 strategy proposals, and therefore calls on the Council and the Commission to ensure that the gender equality dimension is systematically presented in the EU 2020 strategy, including a specific gender chapter, mechanisms for gender mainstreaming and targets for female employment coupled with indicators of economic independence, and taking into account both the effects of the current social and economic crisis on women and the role of women in an ageing society;

12.  Proposes that the Council, the Commission, and Parliament hold an annual tripartite meeting to review progress on the EU gender equality strategy;

13.  Maintains that a conference on gender equality, attended by women's organisations, other organisations working for gender equality such as LGBT organisations, trade unions from the Member States, Members of the European Parliament, the Commission, the Council and the national parliaments, should be held annually, focusing on a predetermined theme each year;

14.  Stresses the need for structured dialogue with civil society in order to ensure the principle of equality between women and men;

15.  Suggests that institutional cooperation in this area not be limited to women's associations, but that collaboration with associations representing men and women and working towards gender equality be actively sought;

16.  Calls for the European Institute for Gender Equality to become fully operational without delay and for all the necessary gender indicators to be devised so that equality issues can be kept under review whenever they arise; insists that these indicators be regularly updated so that the objectives set can be brought into line with the results actually obtained;

17.  Takes the view that, where the social impact of Commission and Council policy proposals has to be assessed, such assessment should cover gender equality;

18.  Insists that the Commission should start practising the ‘gender mainstreaming’ method in the preparation of all its proposals;

19.  Calls on the Commission to improve and update regularly its gender equality webpage, and on the Equal Opportunities Group to devote at least one of its meetings each year entirely to gender equality and to set up an information service for women;

20.  Maintains that the Commission's directorates-general need to incorporate strengthened coordination machinery into their internal operation in order to provide continuous follow-up to gender equality and equal opportunities policies spanning many different areas; calls for the Annual Report on Equality to include one chapter by each directorate-general in which it reports on equality in its area of competence;

21.  Calls on the High Representative to ensure gender balance in the establishment of the European External Action Service (EEAS) and to draw up an action plan with a view to pursuing gender balance in the EU delegations, including at the highest level; calls on the Council and the Commission to open a post for a European women's envoy, as already demanded by the European Parliament in March 2008, in order to focus specifically on the position of women in the context of the EU's external policies, and calls for gender mainstreaming to be structurally embedded in the EEAS; calls on the Commission, the Council and the Member States actively to promote and support the empowerment of women to participate in their bilateral and multilateral relations with states and organisations outside the Union;

22.  Calls on the High Representative to ensure that a gender perspective is incorporated into all development cooperation policies, programmes and projects, and stresses the importance of implementing UNSCR 1325 in the context of the EU's external action;

23.  Maintains that gender equality policies in different fields of activity, including the economic, financial, commercial and social spheres, should be based on an integrated approach, and that budgets should be analysed from a gender equality perspective; calls on the Commission and the Member States to promote the dissemination and exchange of good practice in order to encourage its being taken into consideration when policies are developed;

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

25.  Stresses the importance, in the context of the strategies and plans for economic recovery, of adopting sectoral measures of a trend-setting nature to support education and training courses aimed at integrating women, including young women, into the labour market in sectors that are strategic for development and on the basis of positions and skills related to cutting-edge technology and science;

26.  Stresses the importance of devising quantity and quality indicators and gender-based statistics which are reliable, comparable and available when needed, to be used in monitoring the implementation of gender mainstreaming in all policies;

27.  Asks Eurostat to develop indicators to measure women's and men's involvement in voluntary activities in order to show what men and women contribute to social cohesion;

28.  Emphasises that better coordination is essential in order to develop equality policy objectives in all EU and Member State institutions, and that uniform tangible integration methods – such as gender budgets or incorporating gender analysis into the design, planning, implementation and monitoring of public policy – are needed;

29.  Points out to the Commission and the Member States that a dual strategy needs to be employed, applying an integrated approach to gender equality while continuing to take specific action, including legislative measures, as regards budget headings and allocations, follow-up and oversight, the aim being to produce practical effects; points out that an agenda for action should include short- and long-term qualitative and quantitative targets at both European and national level;

30.  Calls on the Commission, the Council and the Member States to take the necessary steps to mainstream the gender perspective into all Community policies and to review existing legislation so as to ensure that gender equality is correctly applied and that positive discrimination measures can be applied where necessary;

31.  Welcomes the Commission's commitment to the principles of the Beijing Platform for Action with regard to promoting gender-sensitive budgets; calls EU and the Member States to make efforts systematically to review how women benefit from public-sector expenditure, and to adjust budgets to ensure equality of access to public-sector expenditure, for both enhancing productive capacity and meeting social needs; calls also for the allocation of sufficient resources, including resources for undertaking gender-impact analysis;

32.  Calls on the Commission to monitor Member States' compliance with the non-discrimination directives and gender-related measures, and to take active steps, including infringement procedures, in the event of non-compliance;

33.  Calls for the European Agricultural Fund for Rural Development (EAFRD) Regulation to be amended to enable, as happens with the European Social Fund (ESF), proactive measures to be taken in support of women in the 2014-2020 programming period, which was feasible in previous periods but not in the current one, and which will have very beneficial effects on female employment in rural areas;

34.  Points to the need for the committees and parliamentary delegations within Parliament too to assign particular importance to equality issues and to ensure that women are adequately represented in positions of responsibility within these committees and delegations, and draws attention to the important work being done by Parliament's High-Level Group on Equality;

35.  Welcomes, in this regard, the ongoing activities of Members of the European Parliament responsible for gender mainstreaming, who are working to ensure that the gender perspective is taken into account in the formulation and development of all policy within their individual committees;

36.  Calls on the Bureau of the European Parliament and on the Commission to step up efforts to increase the number of women in higher positions within their staff; calls on the Commission to devise a mechanism to ensure parity within the college of commissioners in the next legislature;

37.  Stresses the need to prevent the current financial and economic crisis, and future economic issues, from endangering what has been achieved so far in the field of gender equality, and to avoid the recession being used, as is already the case in some Member States, as an argument for scaling back gender equality measures, as in the long term this would hinder growth in employment figures, economic growth in the EU, higher tax revenue, rising birth rates and the promotion of gender equality;

38.  Calls on the Commission, in collaboration with the Member States and the social partners, to undertake a review of policies on work-life balance with a view to ensuring that the cost of parenthood is not borne by the employer, but by the community, so as to eradicate discriminatory behaviour in businesses and contribute to our demographic future;

39.  Reminds the Commission and the Member States that it is necessary to adopt affirmative measures for the benefit of women and men in order to facilitate their return to employment after a period of carrying out family duties (bringing up children and/or caring for a sick or handicapped parent), by promoting policies of (re)integration into the employment market with a view to enabling them to regain financial independence;

40.  Calls on the Commission to continue with initiatives aimed at recognising the informal economy and quantifying the ‘economics of life’, using gender-specific approaches in accordance with the ‘Beyond GDP’ project launched by the Commission;

41.  Calls on the Member States to provide appropriate social benefits for women and men who take care of elderly, sick or disabled relatives, and for elderly women, who receive particularly small pensions;

Policy areas – aims

42.  Points to the importance of building on the analysis of the Beijing Platform (Beijing + 15) undertaken by the Swedish Presidency, not just with a view to developing appropriate indicators, but also with a view to defining goals and adopting the necessary policies in the 12 areas covered;

43.  Invites the Commission to publish an impact analysis of the consequences, including the budgetary consequences, of the introduction of the ‘gender mainstreaming’ system, with a view to evaluating its relevance, effectiveness, durability and usefulness in terms of cost-effectiveness/added value, as is the regular practice in the case of all other European policies;

44.  Points to the need to improve the arrangements by which women's organisations and civil society in general collaborate with and take part in gender perspective integration processes;

45.  Takes the view that one priority should be to fight poverty by reforming the macroeconomic, monetary, social and labour market policies that are its root causes, with a view to guaranteeing economic and social justice for women, by reconsidering the methods used to determine the poverty rate and by pursuing strategies to promote fair distribution of income, guarantee a minimum income and decent wages and pensions, create more high-quality jobs coupled with rights for women, enable women and girls to benefit from public services of a high standard, and improve welfare provision and neighbourhood services, including crèches, nursery schools, kindergartens, day centres, community leisure and family support centres and ‘intergenerational centres’, making these accessible to women, men, children and older people as a whole, with a particular focus on assistance for older women living alone;

46.  Stresses that the poorest women should be the leading partners in formulating, implementing and assessing equal opportunities policies; invites the Union, therefore, to pay particular attention to the planning and implementation of the European Year against Poverty, the European Year of Volunteering, and the Europe 2020 Strategy in general from this perspective;

47.  Emphasises the positive effect of gender equality on economic growth; points out in this respect that some studies estimate that, if the employment, part-time employment and productivity rates for women were similar to those for men, GDP would increase by 30%;

48.  Calls on the Member States to analyse the effects of measures to combat the crisis and future exit strategies from the point of view of gender equality;

49.  Calls on the Commission to eliminate gaps in the areas covered in order to ensure the same level of legal protection against gender-based discrimination as against discrimination on the basis of race, and to improve legal protection and access to legal remedies for victims of multiple discrimination;

50.  Maintains that measures need to be taken as a matter of urgency to combat wage discrimination, whether by revising the existing directive, by drawing up phased industry-wide plans with clear-cut goals – such as narrowing the pay gap to 0-5% by 2020 – aimed at doing away with direct and indirect forms of discrimination, or by encouraging collective bargaining and the training of equality advisers, addressing the unequal share of unpaid work between women and men and laying down equality plans for factories and other workplaces; takes the view that transparent wage composition should be standard practice with a view to strengthening the negotiating position of women workers;

51.  Welcomes the fact that female employment in the EU is close to the target of 60% by 2010, but is adamant that a more ambitious figure of 75% by 2020 now needs to be set;

52.  Demands that specific measures be taken by the Council, the Commission and the EU Member States to improve the position of especially vulnerable groups, such as an independent status for migrant women faced with domestic violence, individualised entitlements to pensions and other benefits for women with no or little labour market participation and a campaign to raise awareness of discrimination against transgender people and improve their access to legal remedies;

53.  Stresses the importance of negotiations and collective bargaining in fighting discrimination against women, especially as regards access to employment, wages, working conditions, career progress and training;

54.  Calls on public and private bodies to incorporate these equality plans into their internal rules, to accompany them with precise short-, medium- and long-term objectives, and to carry out an annual assessment of the implementation of those objectives in practice;

55.  Deplores the fact that women are under-represented in decision-making in both the business world and democratic processes, and insists that more ambitious measures are needed to boost the number of women sitting on boards of directors of companies and in local, regional, national and European public institutions;

56.  Calls for greater action, awareness-raising and supervision in the workplace so as to create better working conditions for women by taking into account working hours, compliance with maternity and paternity rights, and work-life balance, and calling for wider uptake of maternity leave, the establishment of parental leave, the establishment of paid paternity leave, the establishment of paid family leave, inter alia for the purpose of caring for dependent relatives, measures to combat sexist stereotyping in the division of labour and care, and remedies in the event that the above rights are challenged;

57.  Stresses, in this regard, the need to measure, certify and reward the practice of corporate social responsibility on the basis that the requirements must absolutely include gender equality; maintains that this should be achieved through the adoption of flexible organisational models based on target-oriented work and not linked to physical presence, and enabling all workers, whether men or women, to develop themselves professionally and evolve in career and salary terms, in line with their abilities and skills and taking account of the social imperatives arising from the need to care for children and relatives, in a context of family-friendly services and work organisation;

58.  Insists on the need to balance personal and family life and work by putting into practice measures, aimed equally at men and women, which promote the sharing of tasks on an equal footing and take into account the fact that until now men have been less inclined to take advantage of parental leave or incentives;

59.  Stresses the need to encourage incentives for the development and implementation at enterprise level of affirmative action programmes and human resource policies aimed at promoting gender equality, with the emphasis on awareness-raising and training activities for the promotion, transfer and incorporation of successful practices in organisations and businesses;

60.  Believes it is important to look more closely into the issue of developing a methodology for the analysis of functions that can guarantee women's right to equal pay, develop the full potential of individuals and occupations, and, simultaneously, enhance the dignity of work as a structuring element, with a view to increasing the productivity, competitiveness and quality of enterprises and improving the living conditions of both men and women workers;

61.  Insists on the need for improvements in the availability, quality and accessibility of childcare and care services for dependent persons, ensuring that the availability of these services is compatible with the full-time working hours of men and women;

62.  Points out that care services for children and other dependants are potentially a major source of employment for older women, who currently have one of the lowest employment rates;

63.  Believes it is necessary to ensure that affordable quality care services are available for at least 50% of children under three years of age, and to make education available to all children between the age of three and the mandatory school age;

64.  Advocates policies and measures aimed at eradicating violence against women in every walk of life by promoting the human rights of women, combating gender stereotypes and all forms of discrimination in society and the family, not least in education, training, the media and politics; maintains that specific policies should be developed which promote gender equality, empower women, better educate individuals – including through awareness-raising campaigns – and promote lifelong learning strategies and specific measures for women;

65.  Supports the conclusions of the Employment and Social Affairs Council on the eradication of violence against women, and highlights the importance of the Commission's ongoing commitment to pursuing a more active policy to prevent violence against women; calls on the Commission to initiate consultation on a directive to combat violence against women that will outline, among other things, the efforts the Member States are obliged to make to combat violence against women;

66.  Emphasises the need for a wide-ranging survey to be conducted, taking in all the EU countries and using a common methodology, to establish the real extent of the problem; draws attention to the important work that will be carried out in this field by the European Monitoring Centre on Gender-based Violence, which will provide high-quality statistics in support of political measures to fight this scab on society;

67.  Maintains that every attention should be brought to bear on the situation of women working with their spouses in agriculture, craft industries, commerce or fisheries, and of small family businesses, in which women are in a more vulnerable position than men, with a view to taking new measures to protect mothers, eliminate indirect discrimination and safeguard welfare provision, social security and other entitlements accorded to women, including those working in a self-employed capacity; points in this regard to the importance of developing the legal construct of shared ownership with the aim of ensuring that women's rights in the agricultural sector are fully recognised, that they receive appropriate social security protection and that their work is recognised;

68.  Emphasises the importance of combating stereotypes in all walks and at all stages of life, since these are one of the most persistent causes of inequality between men and women, affecting their choices in the field of education, training and employment, the distribution of domestic and family responsibilities, participation in public life and participation and representation in decision-making positions, and their choices regarding the labour market;

69.  Calls on the European institutions and the Member States to put greater emphasis on combating multiple discrimination, poverty and social exclusion and health inequalities;

70.  Takes the view that the taxation and social protection systems need to be reviewed in order to individualise rights, guarantee equal pension rights and remove incentives that adversely affect women's labour market and social participation, such as joint taxation and grants for caring for dependants that are linked to women being inactive on the job market;

71.  Recalls its resolution of 10 February 2010 and stresses the importance for women of having control over their sexual and reproductive rights;

72.  Lays stress on the importance of preventive measures to ensure women's sexual and reproductive health;

73.  Stresses the need to make gender reassignment procedures accessible for transgender persons, and to ensure that they are reimbursed by public health insurance schemes;

74.  Stresses the need to pay particular attention to the situation of women belonging to ethnic minorities, including female migrants, and to introduce appropriate measures to support them in the context of gender equality;

75.  Insists that the Commission should consult Parliament, including its Committee on Women's Rights and Gender Equality, on the drafting of the future European Charter of Women's Rights;

76.  Takes the view that particular attention should be focused on development, peace and solidarity with women in all parts of the world, especially those who are victims of injustice, discrimination, hunger, poverty, trafficking and violence of every kind; maintains that ongoing consultation with women's organisations, and more broadly with civil society, and collaboration with non-governmental organisations on matters relating to policies which have a direct or indirect impact on gender equality are guarantees of a broader social consensus;

77.  Insists that the gender perspective and the fight against gender-based violence must be incorporated into the EU's external and development cooperation policy;

78.  Emphasises that the new EU gender equality strategy and accompanying institutional mechanisms must be closely connected to the global agenda for women's rights; notes that this includes linking up with and supporting the new UN gender equality entity, which should combine policy and operational activities, and calls on the EU to ensure that the new entity is provided with substantial financial and human resources enabling it to deliver on the ground, and led by a UN Under-Secretary-General with responsibility for gender equality;

79.  Adds that the new EU gender equality strategy and accompanying institutional mechanisms should explicitly cover gender identity and address combating discrimination arising from gender reassignment;

80.  Calls for compliance with its recent resolutions of 10 February 2010 on preventing trafficking in human beings and on equality between women and men in the EU;

o
o   o

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

(1) OJ C 59, 23.2.2001, p. 258. (2) OJ C 320 E, 15.12.2005, p. 247. (3) OJ L 204, 26.7.2006, p. 23. (4) OJ C 287 E, 24.11.2006, p. 75. (5) OJ C 313 E, 20.12.2006, p. 118. (6) OJ C 301 E, 13.12.2007, p. 56. (7) OJ C 41 E, 19.2.2009, p. 73. (8) OJ C 66 E, 20.3.2009, p. 57. (9) OJ C 295 E, 4.12.2009, p. 35. (10) OJ C 16 E, 22.1.2010, p. 21. (11) OJ C 77, 14.3.1994, p. 43. (12) OJ C 233 E, 28.9.2006, p. 130. (13) OJ C 67 E, 18.3.2010, p. 31. (14) OJ C 76 E, 25.3.2010, p. 16. (15) Texts adopted, P7_TA(2009)0098. (16) Texts adopted, P7_TA(2010)0018. (17) Texts adopted, P7_TA(2010)0021.

European Parliament resolution of 17 June 2010 on players' agents in sports

P7_TA(2010)0233 B7-0343/2010

The European Parliament,

–  having regard to its resolution of 29 March 2007 on the future of professional football in Europe(1),

–  having regard to its resolution of 8 May 2008 on the White paper on sport of the European Commission(2),

–  having regard to the White Paper on Sport (COM(2007)0391),

–  having regard to Article 165 of the Treaty of on the Functioning of the European Union,

–  having regard to the judgement of 26 January 2005 of the Court of First Instance of the European Communities(3),

–  having regard to the question of 10 March 2010 to the Commission on sport, specifically concerning player's agents (O-0032/2010 – B7-0308/2010),

–  having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

1.  Recalls that the Parliament in its resolution of 29 March 2007 on the future of professional football in Europe calls on the Commission to support the football governing bodies' efforts to regulate players' agents, if necessary by presenting a proposal for a directive concerning such agents;

2.  Welcomes the ‘Study on sports agents in the European Union’ commissioned by the European Commission and of which the results are now available;

3.  Is particularly concerned about the findings of the study with regard to criminal activities carried out in connection with sport citing episodes where sport is affected by organised crime with links to players' agents activities; believes this development is detrimental to the image of sport, its integrity and ultimately to its role in society;

4.  Takes note of the finding of the study that sport agents are central in the financial streams which are often not transparent, and which make them prone to illegal activities; welcomes initiatives by some clubs and governing bodies to increase the transparency of financial transactions;

5.  Notes that the study points out the inherent opacity of transfer systems particularly in team sports, which are conducive to illegal activities where agents as well as clubs and players are involved;

6.  Underlines the specific vulnerability of young players and the risk of them becoming victims of human trafficking;

7.  Underlines the specific responsibility of players' agents and clubs, especially towards young players and therefore calls on both parties to assume this responsibility, in particular as regards the educational and vocational training of young players;

8.  Underscores the finding of the study that the regulations of agents established by sports federations are basically aimed at controlling access to the profession and regulating its exercise, but that these bodies have only limited supervisory and sanctioning powers, since they lack any means of control or direct action vis-à-vis sports agents who are not registered with them; nor are they entitled to impose civil or criminal penalties;

9.  Agrees with the sports governing bodies and the sporting stakeholders that measures need to be taken to tackle problems relating to the integrity and credibility of sport and of the actors in sport;

10.  Believes that doing away with the existing FIFA licence system for player's agents without setting up a robust alternative system would not be the appropriate way to tackle the problems surrounding player's agents in football;

11.  Applauds sport governing bodies' efforts to bring about more transparency and supervision of financial flows;

12.  Asks the Council to step up its coordinating efforts in the fight against criminal activities linked to agents' activities, including money laundering, match fixing and human trafficking;

13.  Refers to the above mentioned judgement on the case T-193/02 where the Court stated that in principle the regulation of players agents' activities which constitutes policing of an economic activity and touches on fundamental freedoms, falls within the competence of the public authorities;

14.  Recalls that in the same judgement the Court has recognised that federations such as FIFA are entitled to regulate the profession of agents insofar as the objective of the regulation is to raise professional and ethical standards in agent's activities with a view of protecting players and that the regulation is not anti-competitive; recalls that collectively, agents are not organised at professional level and that the profession is subject to very limited regulation at the level of member states;

15.  Is convinced that in a context of cross-border activities and diverse national regulations applicable to sports the effectiveness of control and the enforcement of sanctions can only be tackled by joint efforts of sports governing bodies and public authorities;

16.  Notes that whilst the activities of agents are extensively regulated at international and national level by sporting bodies in some disciplines, very few Member States have adopted specific laws addressing sports agents;

17.  Believes that considering the confusing diversity of regulations applicable to the activities of sports agents, a coherent EU-wide approach is needed in order to avoid loopholes due to unclear regulation and to ensure proper monitoring and control of the agents' activities;

18.  Reiterates its call for an EU initiative concerning the activities of players' agents that should aim at:

19.  Instructs its President to forward this resolution to the European Commission.

(1) OJ C 27 E, 31.1.2008, p. 232. (2) OJ C 271 E, 12.11.2009, p. 51. (3) Case T-193/02 Laurent Piau v Commission [2005] ECR I-00209.

European Parliament resolution of 17 June 2010 on the conclusions of the EU/Russia summit (31 May – 1 June 2010)

P7_TA(2010)0234 RC-B7-0296/2010

The European Parliament,

–  having regard to the existing Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part(1), and the negotiations initiated in 2008 on a new EU-Russia agreement,

–  having regard to the objective shared by the EU and Russia, set out in the joint statement issued following the 11th EU-Russia Summit held in St Petersburg on 31 May 2003, of creating a common economic space, a common space of freedom, security and justice, a common space of cooperation in the field of external security and a common space of research and education, including cultural aspects (the ‘four common spaces’),

–  having regard to its previous reports and resolutions on Russia and on EU-Russia relations, in particular its resolution of 12  November 2009(2) prior to the EU-Russia Summit held in Stockholm on 18 November 2009, its resolution of 17 September 2009 on the murder of human rights activists in Russia(3) and its resolution of 17 September 2009 on external aspects of energy security(4),

–  having regard to the EU-Russia human rights consultations,

–  having regard to the agreements signed and the joint statements issued at the EU-Russia Summit held in Rostov-on-Don from 31 May to 1 June 2010,

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

A.  whereas the EU continues to be committed to further deepening and developing relations between the EU and Russia, as shown by its undertaking to make serious efforts to negotiate a new framework agreement for the further development of EU-Russia relations,

B.  whereas the EU and Russia, which is a member of the UN Security Council, share a responsibility for maintaining global stability, and whereas enhanced cooperation and good-neighbourly relations between the EU and Russia are of particular importance for the stability, security and prosperity of Europe,

C.  whereas the conclusion of a strategic partnership agreement between the EU and the Russian Federation remains of the utmost importance for the further development and intensification of cooperation between the two partners,

D.  whereas it is important that the EU speak with one voice, show solidarity and display unity in its relations with the Russian Federation, and that those relations be based on mutual interests and common values,

E.  whereas economic and trade relations between the EU and Russia are evidence of their increasing mutual interdependence, which requires a joint effort and commitment in order to ensure its lasting growth,

F.  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 protect and promote human rights, fundamental freedoms and the rule of law, and to respect the sovereignty of its European neighbours; whereas EU-Russia relations have faced a number of serious challenges over the last few years, notably as regards concerns about democracy and human rights in Russia,

G.  whereas Russia's accession to the World Trade Organisation (WTO) would make a substantial contribution to further improving economic relations between the EU and Russia, subject to a binding commitment on Russia's part to full compliance with and implementation of WTO undertakings and obligations, and would pave the way for a far-reaching, comprehensive economic integration agreement between the two partners on the basis of genuine reciprocity, and whereas Russia established a customs union with Kazakhstan and Belarus on 1 January 2010,

H.  whereas the signing of the new Strategic Arms Reduction Treaty (START) between the Russian Federation and the USA on 8 April 2010 and the rapprochement on non-proliferation and the Iran issue, the Middle East peace process and Afghanistan and Pakistan illustrate the enhanced climate of dialogue with Russia on different aspects of foreign and security relations,

I.  whereas there are clear, objective criteria for the introduction of a visa-free regime; whereas European and Russian citizens have a legitimate interest in being granted the right to free movement both within their countries and across borders,

1.  Reaffirms its belief that Russia remains one of the EU's most important partners in building long-term cooperation and a commitment to working together to address common challenges by means of a balanced, results-oriented approach based on democracy and the rule of law, sharing not only economic and trade interests but also the objective of working closely together at the global level as well as in and with common neighbouring countries, in accordance with international law;

2.  Calls on the EU and Russia to intensify their negotiations on a new partnership and cooperation agreement, and reiterates its strong support for a broad, wide-ranging and legally binding agreement that goes beyond economic co-operation alone and also includes, as integral components, the areas of democracy, the rule of law and respect for fundamental human rights; notes the agreement on the Partnership for Modernisation which should encompass both the economy and society; and supports diversifying the Russian economy and EU-Russia trade relations; calls on the Commission and the Russian Government to develop the Partnership for Modernisation in more detail; underlines the need for swift preparation of a concrete work plan in line with the results achieved so far in the context of the four EU-Russia common spaces; underlines the importance of ensuring the effective functioning of the judiciary and stepping up the fight against corruption;

3.  Welcomes the signing of a protocol on the protection of classified information and the joint statement on Gaza by the Vice-President of the Commission/High Representative of the Union for Foreign and Security Policy, Catherine Ashton, and the Russian Foreign Minister, Sergei Lavrov;

4.  Expresses its satisfaction that the first EU-Russia summit held since the entry into force of the Lisbon Treaty was conducted in a constructive manner, making partial progress;

5.  Reiterates its support for the objective of Russia's accession to the WTO with a view to helping it attract more foreign investment and diversify its economy; is of the opinion that Russia's establishment of a customs union with Belarus and Kazakhstan may put additional obstacles in the Russian Federation's path towards WTO membership; underlines that abandoning all protectionist measures is a prerequisite for WTO accession;

6.  Welcomes Russia's recent ratification of Protocol 14 to the European Convention on Human Rights and the legislative amendments designed to extend jury trials nationwide, but suggests that this format also be used for trials on terrorist charges; welcomes also the confirmation of the moratorium on the death penalty as a further positive development, and hopes that this is the first step in pursuit of Russia's stated intention to improve respect for human rights; reiterates its call on the Russian authorities to comply with all the rulings of the European Court of Human Rights;

7.  Welcomes the fact that the agreement on the protection of classified information will facilitate cooperation in crisis management, but asks that Parliament be fully informed of the substance and scope of this agreement, and calls for a speedy evaluation of the degree of reciprocity in its implementation; asks the Council to make full use of the 2002 IIA ESDP Special Committee for this purpose;

8.  Calls on the Council and the Commission to redouble their efforts to solve the problems relating to EU-Russia border crossings, to support concrete projects, to make full use of the Neighbourhood and Partnership Instrument and the INTERREG funds for cross-border cooperation and to implement fully the earlier agreement on Siberian overflights;

9.  Welcomes the signing of an agreement on the establishment of an early-warning mechanism on energy security between the EU and Russia, covering notification, consultation and implementation, and calls on the Council and the Commission to continue working with the Russian authorities and energy companies in order to avoid any repetition of the delivery cuts that have occurred over the last few years;

10.  Reiterates that EU-Russia energy cooperation must be based on the principles of the Energy Charter and the Transit Protocol, which must be incorporated into the new framework agreement between the EU and Russia in order to ensure transparent and fair mutual investment conditions, equal access and a rule-based market; rules out the use of energy as a foreign policy tool;

11.  Notes with interest the discussions on climate change and possible forms of concrete cooperation on measures designed to reduce greenhouse gas emissions and on energy efficiency and sustainable energy development; underlines the need for a consensus on how the international climate change negotiation process can be moved forward in preparation for the Cancun conference in December 2010;

12.  Underlines the importance of the European Union Monitoring Mission (EUMM), which has demonstrated the EU's willingness and ability to take determined action to promote peace and stability, and has helped to create the necessary conditions for the implementation of the agreements of 12 August and 8 September 2008; reiterates its commitment to Georgia's territorial integrity within its internationally recognised borders, and calls on all parties to honour their undertakings fully; points out that the EUMM has a country-wide mandate, and calls for it to be granted unhindered access to Abkhazia and South Ossetia – which it has so far been denied – without further delay; reaffirms its full commitment to the Geneva talks and the continued co-chairing of that forum by the EU, the UN and the OSCE; expresses disappointment at the decision announced by the FSB Border Directorate to build a modern border infrastructure consisting of barriers between South Ossetia and Georgia;

13.  Underlines the need to involve Russia in the EU's Baltic Sea Strategy, and to engage swiftly with Russia on improved maritime safety and a high level of environmental protection in the sensitive Baltic Sea;

14.  Welcomes the signing of the new Strategic Arms Reduction Treaty (START) between the Russian Federation and the USA on 8 April 2010; notes with satisfaction the progress achieved in the ongoing dialogue between the Russian Federation and the USA on security issues, including the missile defence shield;

15.  Reiterates the call to step up the EU-Russia human rights dialogue and to open this process to effective input from the European Parliament and the Russian State Duma, with the involvement of the respective directorates-general and ministries responsible for justice, internal affairs and foreign affairs in both Brussels and Moscow; calls for civil society, NGOs and human rights organisations to be more involved in the bi-annual EU-Russia summits;

16.  Calls on the Russian authorities to put an end to the ongoing and widespread impunity for violence against human rights defenders and, in particular, to make it their priority to end the climate of terror and lawlessness in the North Caucasus and to protect and guarantee the physical integrity of human rights defenders in accordance with relevant international and regional human rights instruments;

17.  Endorses the commitment to the long-term objective of visa-free travel between the EU and Russia, based on a step-by-step approach focused on substance and practical progress; underlines that this dialogue should be in tune with the visa facilitation process for Eastern Partnership countries;

18.  Calls on the Council and the Commission to pursue joint initiatives with the Russian Government with a view to strengthening security and stability in the world and in our common neighbourhood in particular, and to achieving a peaceful settlement, under international law, of the conflicts in Moldova and the South Caucasus;

19.  Notes the draft European Security Treaty proposed by Russia on 29 November 2009, but points out that this new proposal must not undermine the EU Member States' current security obligations, and calls on the European Council to develop a common position on it;

20.  Notes with satisfaction, prior to the G20 Summit in Toronto, the consensus between the EU and Russia on reforming the financial system, and expects the summit to discuss ways of reducing systemic risks and to agree on the principle that financial institutions should contribute to the costs of any future financial crisis;

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

(1) OJ L 327, 28.11.1997, p. 1. (2) Texts adopted, P7_TA(2009)0064. (3) Texts adopted, P7_TA(2009)0022. (4) Texts adopted, P7_TA(2009)0021.

European Parliament resolution of 17 June 2010 on the Israeli military operation against the humanitarian flotilla and the Gaza blockade

P7_TA(2010)0235 RC-B7-0360/2010

The European Parliament,

–  having regard to its previous resolutions on Gaza, in particular those of 15 January 2009 on the situation in the Gaza Strip(1) and of 18 February 2009 on humanitarian aid to the Gaza Strip(2),

–  having regard to the Venice Declaration of 1980,

–  having regard to the previous Middle East Quartet statements, in particular that of 19 March 2010 reaffirming the fundamental principles laid down in Trieste on 26 June 2009 and that of 11 May 2010 on the renewal of proximity talks between the Israelis and the Palestinians,

–  having regard to UN Security Council Resolutions 1860 of 8 January 2009 (S/RES/1860(2009)) and 1850 of 16 December 2008 (S/RES/1850(2008)),

–  having regard to the Declaration by High Representative/Vice President of the Commission Catherine Ashton on behalf of the EU on the Israeli military operation against the flotilla issued on 31 May 2010,

–  having regard to the Presidential Statement of the UN Security Council (S/9940) of 31 May 2010,

–  having regard to the Council conclusions on the Middle East Peace Process of 8 December 2009,

–  having regard to the statement by the President of the European Parliament, Jerzy Buzek, of 31 May 2010,

–  having regard to the Resolution adopted by the United Nations Human Rights Council on the Grave Attacks by Israeli Forces against the Humanitarian Boat Convoy of 2 June 2010,

–  having regard to the Resolution adopted by the General Assembly of the WHO on 18 May 2010,

–  having regard to the Report by the World Food Programme and the UN Food and Agriculture Organisation (FAO) published in November 2009 on the situation in Gaza,

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

A.  whereas Israel's military operation, in international waters, on 31 May 2010 against a humanitarian aid flotilla bound for Gaza resulted in the deaths of nine civilians and the wounding of 38 civilians and seven Israeli soldiers,

B.  whereas the border crossings in and out of Gaza have been closed since June 2007, after Hamas took power by military means, and the blockade on the movement of people and goods has increased poverty, paralysed reconstruction and decimated the economy in the Gaza Strip, creating a rampant black market controlled by Hamas, among others; whereas this blockade has not resulted in the release of Gilad Shalit as expected by the Israeli authorities, which has been repeatedly called for by the European Parliament; whereas this blockade has not achieved its aim of undermining extremists and, as it affects especially the most vulnerable parts of the population, has given rise to growing radicalisation,

C.  whereas according to previous statements by UN organs, the blockade on the Gaza Strip represents collective punishment in contravention of international humanitarian law,

D.  whereas 80% of the Gazan population is dependent on food aid, more than 60% are affected by food insecurity, unemployment is around 50% and sanitary and environmental conditions have seriously deteriorated,

E.  whereas only 3 600 truckloads of food aid entered Gaza in the first three months of this year, as opposed to 36 000 during the first three months of 2007, and whereas only 81 products are allowed into Gaza while the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) estimates that 6 000 products are required to meet basic humanitarian needs,

F.  whereas the Palestinian Territories are the largest third-country recipient of EU funds and this support has played an important role in the attempt to alleviate the humanitarian disaster in the Gaza Strip; whereas the EU continues to provide essential humanitarian assistance in the Gaza Strip, including through UNRWA,

G.  whereas the two-state solution remains the essential basis for lasting peace between Israelis and Palestinians and therefore any unilateral step that may undermine this prospect should be avoided; whereas ongoing proximity talks may lead to the resumption of direct peace negotiations with a view to establishing a viable Palestinian state living side by side in peace and security with the State of Israel,

H.  whereas to date Hamas continues to prevent the entry of the flotilla's humanitarian cargo into Gaza,

1.  Extends its condolences to the families of the victims;

2.  Condemns the attack against the flotilla in international waters, which is a breach of international law;

3.  Calls for a prompt, international and impartial inquiry into this attack, insists that the principles of accountability and liability be upheld and urges the HR/VP and EU Member States to take action to ensure that all appropriate steps are taken in order to make this demand effective;

4.  Urges Israel to immediately end the blockade on Gaza, which has resulted in a humanitarian disaster and increasing radicalisation, which is becoming a source of insecurity for Israel and for the region as a whole;

5.  Demands that all attacks against Israel cease immediately and warns that those who perpetrate them must face their full responsibility;

6.  Urges the HR/VP and EU Member States to take steps to ensure the sustainable opening of all the crossing points to and from Gaza, including the port of Gaza, with adequate international end-use monitoring, to allow the unimpeded flow of humanitarian and commercial goods necessary for reconstruction and a self-supporting economy, as well as currency flows and free movement of people;

7.  Urges the HR/VP to immediately take the initiative by submitting an EU plan to the Quartet with the aim of ending the blockade of Gaza and addressing Israeli security concerns by ensuring international monitoring of the crossings, including the reappraisal of the mandate of the EU Border Assistance Mission (EU-BAM), potentially with a maritime dimension, as well as its reactivation, and deploying an international naval force to monitor the Gaza seashore;

8.  Recalls that, even if the EU is ready to extend its assistance package to Palestinians, this commitment is not open-ended and insists that, while humanitarian aid must remain unconditional, the EU must play a political role which delivers tangible results towards the creation of a viable Palestinian state which are consistent with its significant financial assistance and economic weight in the region;

9.  Expresses its support for the proximity talks between Israel and the Palestinian Authority and underlines the need for its continuation with a view to the resumption of direct negotiation;

10.  Is convinced that there is an urgent need for a comprehensive reshaping of EU policy towards the Middle East to perform a decisive and coherent political role, accompanied by effective diplomatic tools, in the interests of peace and security in this neighbouring region of vital strategic interest to the EU; considers that this should extend to all EU policies, including, among others, trade and development policies;

11.  Commends the work carried out by UNRWA and, aware of the financial shortfall it will face before the end of this year, calls on the international donor community to honour its existing pledges and to increase further its contributions;

12.  Notes that the recent events have considerably damaged relations between Turkey and Israel; encourages the Turkish Government to focus its diplomatic and political efforts on easing the plight of the Palestinian people and to contribute to the Middle East peace process;

13.  Welcomes the recent opening of the Rafah crossing by the Egyptian authorities;

14.  Calls for the immediate release of the Israeli sergeant Gilad Shalit, who was kidnapped by Hamas on Israeli soil on 25 June 2006 and who has been held incommunicado in Gaza ever since;

15.  Urges the Council to take steps to convene without any delay the EU-Israel Association Council in order to discuss the current situation;

16.  Urges the Council also to take steps to convene the EU-Palestinian Authority Joint Committee;

17.  Instructs its President to forward this resolution to the Council, the Commission, the EU High Representative for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the UN Secretary General, the Quartet Envoy to the Middle East, the Secretary General of the League of Arab States, the Israeli Government, the Knesset, the President of the Palestinian Authority, the Palestinian Legislative Council, the Government and Parliament of Turkey, and the Government and Parliament of Egypt.

(1) OJ C 46 E, 24.2.2010, p. 100. (2) OJ C 76 E, 25.3.2010, p. 1.

European Parliament resolution of 17 June 2010 on implementation of Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

P7_TA(2010)0236 B7-0358/2010

The European Parliament,

–  having regard to the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment, a prohibition which applies in all circumstances and, as a peremptory norm in international law, to all states,

–  having regard to the articulation of this prohibition in a number of international and regional human rights instruments and documents, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the Charter of Fundamental Rights of the European Union,

–  having regard to the European Parliament Resolution of 3 October 2001(1) urging the Commission to act swiftly to bring forward an appropriate Community instrument banning the promotion, trade and export of police and security equipment the use of which is inherently cruel, inhuman or degrading,

–  having regard to Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment(2), which came into force on 30 July 2006,

–  having regard to the Guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment, adopted in 2001 and reviewed in 2008,

–  having regard to the 2008 report of the Council General Secretariat on implementation of the EU Guidelines on torture and other cruel, inhuman or degrading treatment or punishment,

–  having regard to activity in other countries following the development of Council Regulation (EC) No 1236/2005, particularly amendments to US export control law proposed by the US Bureau of Industry and Security in August 2009 which mirror and in some cases go beyond some of those contained in Council Regulation (EC) No 1236/2005,

–  having regard to the Memorandum of Understanding between the Council of Europe and the European Union, which invites the Committee for the Prevention of Torture of the Council of Europe to reinforce its cooperation with relevant institutions of the Union, and the 17th General Report on the activities of the Committee for the Prevention of Torture (CPT), which calls for the Council of Europe to consider the role that the CPT might play as regards implementation of Council Regulation (EC) No 1236/2005,

–  having regard to the reports published by Amnesty International and the Omega Research Foundation in 2007 and 2010 highlighting particular weaknesses in Council Regulation (EC) No 1236/2005 and expressing concern about the inadequate implementation of the Regulation by some European Union Member States,

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

A.  whereas the Convention against Torture imposes specific obligations on states to prevent torture and other ill-treatment, to investigate its occurrences, to bring to justice the perpetrators and to provide reparations to the victims,

B.  whereas despite such obligations, torture or other ill-treatment is still perpetrated throughout the world, and a wide range of policing and security equipment has been utilised for such practices,

C.  whereas the UN Special Rapporteur on Torture asserts that controlling trade in such equipment forms part of every state's obligations under the UN Convention Against Torture,

D.  whereas the Guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment state that the EU will urge third countries to prevent the use, production and trade of equipment which is designed to inflict torture or other cruel, inhuman or degrading treatment or punishment and prevent the abuse of any other equipment to these ends,

E.  whereas the 2008 report of the Council General Secretariat on EU actions in furtherance of commitments to combat torture and other ill-treatment in third countries states that ‘The adoption of the regulation on torture instruments is the first example of an EU regulation adopted in line with Human Rights guidelines. The United Nations Special Rapporteur on Torture has welcomed this step and expressed the view that it could serve as a model for a global regulation on this theme. This entails for the EU the need to assess the implementation of the regulation’,

F.  whereas since the entry into force of Council Regulation (EC) No 1236/2005 some European Union Member States have licensed exports of items including leg restraints, chemical irritants and electric-shock stun devices, controlled under the Regulation, to countries with a poor human rights record,

G.  whereas only twelve Member States introduced penalty legislation by 29 August 2006 as required by Article 17 of Council Regulation (EC) No 1236/2005,

H.  whereas only seven Member States have produced one or more of the public annual activity reports giving details of their licensing decisions as required under Article 13 of Council Regulation (EC) No 1236/2005,

I.  whereas Council Regulation (EC) No 1236/2005 allows the importation into European Union Member States of electric-shock body-worn restraint devices whose trade is not prohibited, although they are essentially similar in effect to electric-shock stun belts prohibited for import into the European Union by Council Regulation (EC) No 1236/2005, and whereas European-based companies have reportedly imported them into some Member States, according to reports by Amnesty International, the Omega Research Foundation and Inter-Press Service,

J.  whereas the list of items and equipment whose trade is prohibited by Council Regulation (EC) No 1236/2005 does not include some policing and security equipment, currently traded internationally, which either has no other practical use besides torture or other ill-treatment, including spiked batons, certain wall or floor restraints, certain leg restraints, finger-cuffs, thumb-cuffs, thumbscrews and body-worn electric-shock stun devices other than ‘stun belts’,

K.  whereas the list of items and equipment whose trade is controlled by Council Regulation (EC) No 1236/2005 does not include some policing and security equipment, currently traded internationally, which may have legitimate law enforcement or penal uses when its use is regulated in accordance with international human rights obligations and law enforcement best practice standards, but which is widely misused for torture or other ill-treatment, including handcuffs, batons and other hand-held impact devices, high-voltage electric-shock stun weapons operating below 10 000 volts, as well as specially designed components and accessories for controlled and prohibited equipment,

L.  whereas the Committee on Common Rules for Exports of Products is due to meet again on 29 June 2010,

1.  Calls on all Member States to inform the Commission immediately of the relevant penalties they have introduced for breaches of Council Regulation (EC) No 1236/2005, as they are obliged to do under Article 17 of the Regulation;

2.  Calls on the Commission and the Committee on Common Rules for Exports of Products to provide guidance and assistance to Member States to strengthen such penalties where they are insufficient or have not been introduced;

3.  Recalls the obligation of all Member States under Article 13(3) of Council Regulation (EC) No 1236/2005 to compile timely, public annual activity reports, and urges the Commission to write to Member States which have not supplied the Commission with such reports calling on them to comply with their obligations;

4.  Urges Member States, in order that their annual activity reports provide sufficient information for meaningful public oversight, to include at a minimum in such reports: the number of applications received, the items involved and countries of destination for each application, as well as the decisions made on each of these applications, and reports of ‘null activity’ if applicable;

5.  Urges the Commission to develop a model template for Member States' annual activity reports in order to facilitate the compilation of such reports by all Member States and to ensure their consistency;

6.  Urges the Commission to undertake a formal review, assisted by the Committee on Common Rules for Exports of Products (as empowered by Articles 15 and 16 of the Regulation) of Member States' implementation and licensing activity under the Regulation, including an examination of all Member States' annual activity reports, and to publish this review alongside the annual activity reports received from each Member State in each year since the Regulation entered into force;

7.  Urges Member States to ensure that the procedures highlighted under Article 13 of Council Regulation (EC) No 1236/2005 to share information between Member States and the Commission regarding licensing decisions and implementation measures, either through the denial notification mechanism already established for military export denials in COARM, or through other effective procedures, are properly implemented;

8.  Urges the Commission to inform Parliament of activities undertaken to date to facilitate Member States' fulfilment of Article 13;

9.  Requests the Commission to provide Parliament with, and to publish, the information it has received from each Member State in each year since the Regulation entered into force: specifically, notifications of dismissals of applications for authorisation under Article 11 of the Regulation; details of the relevant penalties which each Member State has introduced for breaches of the Regulation; and the full contents of Member States' annual activity reports;

10.  Urges the Commission and Member States to ensure that the Committee on Common Rules for Exports of Products meet on a regular basis, produce a clear timetable for a formal review of the Regulation, and establish a procedure for timely investigations into possible breaches of the Regulation;

11.  Calls on all Member States, in order to contribute to the prevention of torture and other cruel, inhuman or degrading treatment or punishment, to monitor technical assistance to third countries in order to prevent this technical assistance from being misused for the production of goods for the purpose of capital punishment or torture and other cruel, inhuman or degrading treatment or punishment;

12.  Strongly condemns any attempts by Member States or companies within the European Union to import electric-shock stun belts whose import is prohibited by Council Regulation (EC) No 1236/2005, or other electric-shock body-worn restraint devices essentially similar in effect, although legal, and urges the Commission to conduct an urgent investigation to establish whether and when electric-shock stun belts or related parts, other electric-shock body-worn restraint devices, technical assistance or training have been transferred to any Member States prior to, or since, the introduction of the Regulation, to determine whether such devices have been deployed by any law enforcement or prison authorities in those countries and to report its findings to Parliament;

13.  Calls on the Commission to review and update the list of items prohibited under Annex II of Council Regulation (EC) No 1236/2005 to include spiked batons, fixed wall and floor restraints, leg irons, chains and shackles, thumb-cuffs, finger-cuffs and thumb-screws, stun-cuffs and other body-worn electric-shock stun devices;

14.  Calls on the Commission to review and update the list of items controlled under Annex III of Council Regulation (EC) No 1236/2005 to include handcuffs, batons and other hand-held impact devices, and portable electric-shock devices below 10 000 volts;

15.  Further calls on the Commission to establish a specific procedure to regularly review the lists of items in Annex II and Annex III as mandated in Article 23 of Council Regulation (EC) No 1236/2005;

16.  Urges the Commission to come forward with a proposal to insert into the Regulation as soon as practicable a ‘torture end-use’ clause, which would allow Member States, on the basis of prior information, to license and thus refuse the export of any items which pose a substantial risk of being used for capital punishment, torture or other ill-treatment by their destined end-users;

17.  Urges the Commission to come forward with a proposal to insert into the Regulation as soon as practicable a prohibition on the brokering of transactions by any European Union natural or legal person from any place involving international transfers that aims at funding trade in tools of torture, including sales and exports of items with no practical use other than for capital punishment, torture or other ill-treatment, as included in Annex II of the Regulation, and requiring Member States to introduce effective mechanisms to control the brokering of transactions involving transfers of any items listed in Annex III of the Regulation;

18.  Urges the Commission to come forward with a proposal to insert into the Regulation as soon as practicable a requirement for importers to obtain an import authorisation for the import of items listed in Annex III of the Regulation into the European Union, and for Member States to refuse such import authorisations where there are reasonable grounds to believe that such equipment might be used for torture or other ill-treatment either within the European Union or once further traded outside the European Union;

19.  Urges the Commission to consider means of removing the exemption from the requirement of import or export authorisations for Annex III items transiting through the European Union;

20.  Recalls the 2008 update to the Guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment, and calls on the Council and Commission in accordance with these Guidelines to promote Council Regulation (EC) No 1236/2005 as an example of best practice in meetings with third countries and to encourage third countries which export equipment whose import is prohibited by Council Regulation (EC) No 1236/2005 to make traders in those countries aware of the Regulation's prohibitions;

21.  Urges the Commission and Member States to promote international trade controls on equipment that could be used for capital punishment, torture and other ill-treatment at an international level, and particularly to work to expand the UN General Assembly's annual call ‘to prevent and prohibit the production, trade, export and use of equipment that is specifically designed to inflict torture’, so as also to call on all states to regulate the production, trade, export and use of equipment that is not specifically designed but is widely misused in order to inflict torture or other ill-treatment;

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

(1) OJ C 87 E, 11.4.2002, p. 136. (2) OJ L 200, 30.7.2005, p. 1.

European Parliament resolution of 17 June 2010 on the situation in the Korean Peninsula

P7_TA(2010)0237 RC-B7-0358/2010

The European Parliament,

–  having regard to its previous resolutions on matters relating to the Korean Peninsula,

–  having regard to Council Decision 2009/1002/CFSP of 22 December 2009,

–  having regard to the statement of 20 May 2010 by the High Representative/Vice-President, Catherine Ashton, on the publication of the report on the sinking of the Republic of Korea (ROK) ship Cheonan,

–  having regard to the report entitled ‘Investigation Result on the Sinking of ROKS ’Cheonan'‘,

–  having regard to United Nations Security Council Resolutions 1718 (2006) and 1874 (2009),

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

A.  whereas tensions in the Korean Peninsula have dramatically increased since the sinking of the Cheonan on 26 March 2010, with the tragic loss of 46 lives,

B.  whereas parts of a CHT-02D torpedo were retrieved from the seabed on 15 May 2010,

C.  whereas the High Representative/Vice-President, Catherine Ashton, has condemned the sinking of the Cheonan as a heinous and deeply irresponsible action,

D.  whereas an inquiry carried out by an international Joint Civilian-Military Investigation Group (JIG) by means of an investigation and verification process undertaken on the basis of an objective scientific approach showed clear, indisputable evidence that the Cheonan was sunk as the result of an external underwater explosion caused by a torpedo made in the Democratic People's Republic of Korea (DPRK), as did an independent assessment by the Neutral Nations Supervisory Committee,

E.  whereas all submarines from other neighbouring countries were either in or near their bases at the time of the incident,

F.  whereas the UN Secretary-General, Ban Ki Moon, has described the report's findings as ‘deeply troubling’,

G.  whereas the ROK Government has demanded a public apology and a promise that there will be no further provocations by the DPRK authorities,

H.  whereas the DPRK Government has denied any involvement in the sinking of the Cheonan, accusing the ROK of ‘fabrication’, and has threatened open war in the event that the ROK imposes further sanctions,

I.  whereas the DPRK's armed forces have continued with provocative and reckless military acts, such as the killing of three Chinese nationals on the People's Republic of China-DPRK border on 4 June 2010,

J.  whereas, as a result of the incident, the ROK has announced the suspension of all relations with the DPRK, with the exception of humanitarian aid and operations connected with the Kaesong Industrial Complex,

K.  whereas the ROK Government has stated that it will not return to the six-party talks until appropriate measures have been taken in respect of the DPRK,

L.  whereas the EU strongly supports the denuclearisation of the Korean Peninsula, and considers the resumption of the six-party talks to be essential for peace and stability in the region,

M.  whereas the governments of the People's Republic of China and the Russian Federation have not yet taken a clear position on the Joint Investigation Group's final report and conclusions,

N.  whereas the ROK has formally referred the issue to the UN Security Council for debate, while the DPRK has written to the President of the UN Security Council denying all responsibility for the attack and encouraging the Security Council to help the DPRK carry out its own investigations,

1.  Deeply regrets the tragic loss of life aboard the South Korean corvette Cheonan, and conveys its sympathy to the ROK Government, the families of the deceased, and the Korean people in a spirit of solidarity and friendship;

2.  Echoes the High Representative/Vice-President's condemnation of the attack, and commends the restraint shown by the ROK;

3.  Acknowledges the conclusions of the Joint Investigation Group's final report, according to which the sinking of the vessel was caused by a North Korean torpedo, and firmly condemns the sinking as a provocative act against peace and stability in the Korean Peninsula;

4.  Expresses disappointment that the governments of the People's Republic of China and the Russian Federation have still not taken a clear position on the conclusions of the Joint Investigation Group's final report;

5.  Calls on both parties to exercise restraint, to use every possible means to improve inter-Korean relations and to step up their efforts to promote lasting peace and security in the Korean Peninsula;

6.  Calls on the governments of the People's Republic of China and the Russian Federation, as permanent members of the UN Security Council, closely to examine the Joint Investigation Group's final report and conclusions;

7.  Calls on the People's Republic of China – a permanent member of the UN Security Council and the DPRK'S main trading ally – to exert an appropriate positive influence on the DPRK and to attempt to ensure that the conflict does not escalate further;

8.  Expresses its support for the ROK Government's referral of the matter to the UN Security Council;

9.  Calls on the countries involved in the six-party talks to continue working together to ensure that the talks on ending the DPRK's nuclear programme are resumed;

10.  Calls on the Commission to maintain existing humanitarian aid programmes and keep communication channels with the DPRK open, as these aid programmes directly affect people's living conditions in the DPRK;

11.  Instructs its President to forward this resolution to the President of the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the President of the Council, the governments and parliaments of the Member States and candidate countries, the UN Secretary-General and the ROK and DPRK Governments.

European Parliament resolution of 17 June 2010 on the situation in Bosnia and Herzegovina

P7_TA(2010)0238 B7-0342/2010

The European Parliament,

–  having regard to the Stabilisation and Association Agreement (SAA) between the European Communities and their Member States, on the one part, and Bosnia and Herzegovina, on the other part, signed on 16 June 2008,

–  having regard to the Council Regulation (EC) No 1244/2009(1) of 30 November 2009 on visa liberalization,

–  having regard to the conclusions of the Council of 16 June 2003 on the Western Balkans as well as of 30 November 2009 on Bosnia and Herzegovina,

–  having regard to the conclusions of the General Affairs and External Relations Council of 16 June 2003 on the Western Balkans and to the annex thereto entitled ‘The Thessaloniki Agenda for the Western Balkans: moving towards European integration’, which was endorsed by the Thessaloniki European Council of 19 and 20 June 2003,

–  having regard to the Grand Chamber decision of the European Court of Human Rights in Sejdic and Finci vs Bosnia and Herzegovina (application nos. 27996/06 and 34836/06) of 22 December 2009,

–  having regard to its resolution of 24 April 2009 on the situation in Bosnia and Herzegovina(2),

–  having regard to its resolution of 15 January 2009 on Srebrenica(3),

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

A.  whereas the EU has repeatedly reaffirmed its commitment for EU membership of the Western Balkan countries, including Bosnia and Herzegovina (BiH); whereas, however, the primary responsibility for accession lies with these countries and their ability and determination to fulfil the Copenhagen criteria,

B.  whereas BiH is passing through a lengthy period of political, economic and social stagnation with widespread and persistent political paralysis, the deterioration of inter-ethnic relations caused by political rhetoric and the unwillingness and inability of its political elite to reach compromises and a shared common vision on the country's pressing political, economic and social problems,

C.  whereas the increasingly strident nationalistic and secessionist rhetoric is in sharp contrast to basic European values, social and economic development and political stability, is detrimental to the general interest of the country, obstructs inter-ethnic reconciliation and is hindering the country's ambitions for EU membership; whereas BiH is risking to falling further behind the other Western Balkans countries missing the opportunities of European integration,

D.  whereas the Dayton Agreements were necessary to stop the bloodshed but they failed to create a self-sustainable and functional state of BiH; whereas the fragmentation of the policy-making process between State and Entities they created, as well as the overlapping competences and lack of the harmonization of law-making among the different layers of governance, remain the main obstacle to an efficient government work, hindering also the country's capacity to make rapid progress in reforms towards EU membership,

E.  whereas constitutional reform remains the key reform to transform BiH into an effective and fully functional state; whereas the complex structure of the judiciary, the lack of a single budget, the absence of a Supreme Court for BiH, which could foster the harmonization among the four internal jurisdictions, political interference in the judicial system and constant challenges to the jurisdiction and the competences of the State-level judicial agencies by the government of the Republika Srpska (RS), undermine the functioning of the judiciary and hamper reform efforts; whereas the entity structures - as inherited by international decisions - should be changed so as to become more efficient and coherent with the state institutional framework,

F.  whereas the European future of all citizens of the country lies in the European Union; whereas the prospect of EU membership is one of the most unifying factors amongst the people of BiH; whereas BiH only as a single country has the prospect of EU membership and any attempts to undermine and weaken the State institutions, to take the society hostage to irresponsible nationalistic and secessionist politics will deprive all citizens to gain the benefits of European integration; whereas Bosnia and Herzegovina has made limited progress on reforms related to the EU integration processes; whereas the prevailing ethnic and entity agendas can hamper the fulfilment of requirements for EU and NATO membership,

G.  whereas the Council and the Commission have to demonstrate more leadership and capacity to be the driving force behind initiating and implementing further reforms,

H.  whereas a premature closure of the Office of the High Representative (OHR), based on the legitimate desire to increase local ownership of the political process, could have an impact on the stability of the country and on the pace and outcome of the much-needed reforms; whereas the transition from the OHR to a reinforced EU Special Representative remains an indispensable step, paving the way for candidate status,

I.  whereas BiH is to be congratulated on becoming a non-permanent member of the UN Security Council for the period 2010-2011, which shows that the country is capable to take a full and responsible place in international affairs,

J.  whereas those in positions of political responsibility in BiH have not adequately ensured justice and reparation for thousands of women and girls who were raped during the 1992-95 war, since the number of cases of sexual war crimes which have resulted in a prosecution remains exceptionally low, and whereas victims have often not been treated with dignity and respect or given sufficient protection, psychological and material support to rebuild their lives,

K.  whereas 11 July 2010 will be the 15th anniversary of the Srebrenica-Potočari act of genocide,

L.  whereas Annex VII of the Dayton Peace Agreement has still not been fully implemented; whereas there remains the need for fair, comprehensive and durable solutions for some of the 115 000 internally displaced people, for refugees and other conflict affected persons as well as to make progress in improving the socio-economic integration of those who have returned; whereas, according to the International Committee of the Red Cross, there are still 10 000 missing people after the end of the war whose fate remains unknown,

M.  whereas the Commission put forward a legislative proposal on visa liberalisation for BiH on 27 May 2010 (COM(2010)0256) which formally opens the way for a possible liberalisation in 2010,

N.  whereas France, Italy and Luxembourg have not yet ratified the SAA thus delaying the European integration process of the country,

O.  whereas the persistence of strong ethnic divisions should be overcome by a more integrated, non-segregationist, modern education system in the country,

P.  whereas a lack of genuine endeavour by BiH authorities to efficiently tackle corruption in the country is seriously plaguing the economic, social and political development of the country,

Q.  whereas the trafficking in human beings is a serious crime and a gross violation of human rights; whereas BiH is a country of origin as well as, to a lesser extent, a country of transit and destination for trafficking in human beings, especially women and girls,

R.  whereas the State and Entity Constitutions guarantee equal treatment for all people; whereas Roma continue to face very difficult living conditions and discrimination; whereas discrimination and social exclusion based on gender identity and sexual orientation are widespread; whereas physical attacks, ill-treatment and acts of intimidation against these groups have continued,

S.  whereas unemployment remains very high and has increased due to the economic crisis; whereas lack of job perspectives, especially amongst young people, are hindering the progress of the country, contributing to political tensions; whereas economic prosperity is crucial for the further development of the country and reconciliation in Bosnia and Herzegovina,

The European perspective

1.  Expresses its dissatisfaction over the limited progress achieved by BiH as a potential candidate country on its path towards stabilisation and development, and as a potential candidate country for EU membership; notes with growing concern the unstable political climate and the lack of a common vision shared by all political forces, and strongly condemns the use of inflammatory language, which undermines the process of inter-ethnic reconciliation and the functioning of State structures; regards the statement of the leadership of Republika Srpska about a referendum on ‘'peaceful separation'’ as a provocation and a threat to the stability, sovereignty and territorial integrity of BiH;

2.  Urges a call for halt of divisive nationalistic and secessionist rhetoric that polarizes the society and undermines the basic core of the Dayton Peace Agreement, to seriously engage and reach lasting agreements that will create a properly functioning state, will equip BiH institutions for EU integration and will improve the country's overall situation;

3.  Recalls that joining the European Union means accepting the values and rules on which the EU is based, namely respect for human rights, including the rights of persons belonging to national minorities, solidarity, tolerance, democracy and the rule of law including respect for the independence of the judiciary;

4.  Invites the Vice-President/High Representative (VP/HR) and the Commissioner for Enlargement and European Neighbourhood Policy to use the EU's full leverage on BiH politicians so that they engage in more concerted efforts to meet the European Partnership requirements and all obligations stemming from the SAA; reminds all political actors that these two documents are the roadmap towards EU integration and that it is their responsibility vis-à-vis the citizens to reach compromises and agree on reforms; encourages the VP/HR and the Commission to a more consistent and result-oriented use of EU conditionality to meet the real needs of the peoples of BiH;

5.  Signals strong support to the OHR and underlines that the transition can only be completed once the 5 objectives and 2 conditions are met in full by the BiH authorities; urges the RS authorities to fulfil the remaining obligation (the RS Law on Electricity) to allow the Brcko Supervisor to recommend the closure of the supervisory regime in the Brcko District;

6.  Urges the RS Government to continue to actively participate in the negotiations on the apportionment of the state property listed by the OHR and calls them on not to adopt legislation on public property in the RS since this would present a serious violation of the High Representative's decision to ban the sale of public property, thereby delaying the closure of the OHR;

7.  Welcomes the adoption of the constitutional amendment that establishes the Brčko District as a unit of local self-governance, thus fulfilling another objective set by the Peace Implementation Council (PIC) for the future closure of the Office of the High Representative;

8.  Calls on the two Entities and all political forces, in particular the RS Government, to respect the Dayton Peace Agreement in its entirety and not challenge actions undertaken on the basis of this agreement and UN Security Council resolutions; considers that the High Representative is the final authority regarding the interpretation of the civilian implementation of the peace settlement; calls on all the political actors to treat with due respect the High Representative and all the international staff in the country and to refrain from any personal attacks;

9.  Notes with satisfaction the significant contribution of the European Union Police Mission (EUPM) and EUFOR Althea to the stability and security of BiH; welcomes the Council decision to provide non-executive capacity building and training support; welcomes the extension of the EUFOR mandate according to the UN Security Council resolution 1895; welcomes the fact that BiH was invited by NATO to join the Membership Action Plan;

10.  Stresses the accomplishments of the EUPM in contributing to the fight against organised crime and corruption by the BiH law enforcement agencies and judiciary; welcomes the extension of the mission for another two years with a refocused mandate and the work of the Commission to prepare for a follow-up project to EUPM under the Instrument for Pre-Accession Assistance 2010;

11.  Invites the EU and its Member States to counteract the indifference of large parts of the political establishment by establishing privileged partnership and providing support to civil society, independent media and the business community and to set up projects to stimulate active political participation, especially for young Bosnians;

12.  Emphasises that the freedom and independence of the media, both public and private, are basic democratic requirements; calls on the BiH authorities to strengthen independent and diverse media free of political interference and allow the media to report freely from all parts of the country by ensuring access to information; condemns sharply attacks on journalists and calls on the competent authorities to take appropriate measures to avoid such attacks in the future; calls on the media, including public broadcasting services, for zero tolerance towards hate speech; stresses the need for the political independence of the regulatory authorities in the communications field; urges the Council of Ministers to appoint a permanent director of the communications authority;

Constitutional reform and the reform of the judiciary

13.  Reiterates its position on the requirements that should be achieved through constitutional reform:

14.  Recalls that strengthening the central State does not mean weakening the Entities but creating the conditions based on the principle of subsidiarity for an efficient administration capable of implementing national reform efforts, conducting efficient international relations and, by doing so, preparing the entire country for EU accession;

15.  Calls on BiH authorities to amend, within the comprehensive constitutional reform, the relevant constitutional provisions and respective provisions in the BiH Electoral Law as soon as possible in order to comply with the ECHR ruling in the Sejdić-Finci case, which clearly indicates that the current BiH constitution discriminates against people referred to as ‘others’; notes that the adoption of these reforms is an essential step to a functioning multiethnic society;

16.  Encourages the citizens of Bosnia and Herzegovina to vote at the forthcoming general elections in October 2010; considers that this election is also about the pace at which BiH moves towards the EU and anyone who chooses not to vote is effectively allowing others to decide about his or her future; points out that all efforts must be made so as to lay down the conditions for the forthcoming elections to take place in full respect of European standards and in a peaceful and democratic campaign;

17.  Reminds on the need to establish a Supreme Court at State-level and anchor it into the constitutional framework so as that it acts as an integrating factor for the jurisprudence in the country and provides for the gradual harmonization of BiH's four different legal systems;

18.  Calls on all political actors to enact the 69 activities foreseen in the supporting action plan to the Justice Sector Reform Strategy;

Fighting war crimes, organized crime and corruption

19.  Welcomes that the cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY) has continued to be satisfactory and the cooperation between the Tribunal and the State and Entity authorities was adequate; stresses the need to continue to fulfil the obligations and to facilitate the arrest of all ICTY indictees and to dismantle their support networks; calls for more effective cooperation between police authorities in Serbia and Bosnia and Herzegovina in order to find and arrest Ratko Mladić and Goran Hadžić; urges the BiH authorities to speed up the implementation of the National War Crime Strategy and start tackling the backlog of some ten thousand war crimes cases across the country as well as specify the material and technical resources needed to try all perpetrators including those responsible for rape and sexual violence;

20.  Recalls that the 11 July is recognised as the day of commemoration of the Srebrenica genocide in the EU and calls on all the countries of the region to do the same; welcomes the adoption of various resolutions on Srebrenica by parliaments of four Western Balkan countries, in particular by the National Assembly of the Republic of Serbia, and calls on the Bosnian State and Entity Parliaments to adopt similar resolutions in the near future; considers these declarations as important steps to come to terms with the tragic past of the region and hopes that they pave the way for an understanding of the common history with a view to promoting a genuine reconciliation in the whole region; stresses that bringing to justice those responsible for the genocide in and around Srebrenica is an important step towards regional stability and peace;

21.  Calls on the BiH authorities to include a definition of sexual violence in the Criminal Code in line with international standards, provide the victims directly with adequate reparation, economic, social and psychological support, including the highest attainable mental and physical health support services, develop programmes and allocate adequate resources for long-term protection of witnesses; stresses in this connection the need to improve coordination between the various judicial organs and to speed up prosecution procedures in cases of sexual war crimes committed during the war; calls on the Commission and other international donors to support the BiH authorities in this endeavour with financial resources and expertise targeting the victims of war crimes of sexual violence; calls on the BiH authorities to adopt and implement a strategy targeting the victims of war crimes of sexual violence with highest priority;

22.  Calls on the EU and its Member States to initiate criminal investigation against wartime sexual offenders who have immigrated and received permanent residence, including citizenship in Member States, and to acknowledge that such crimes are in fact war crimes and that they should not be treated as general sexual offences and should not be a subject to statue of limitations;

23.  Calls on the BiH authorities to promote and complete sustainable return of refugees and internally displaced persons as well as adopt a relevant strategy as required by Annex VII of the Dayton Peace Agreement; encourages to address, on the one hand, the needs of those still living in collective centres and implement measures for their social integration and, on the other, promote the return of those who can not return to their homeland, for example to the devastated area of Posavina; calls on the Commission and other international donors to support the BiH authorities in these efforts with financial aid and expertise;

24.  Reminds on the urgent need to build high-security state prisons and to reconstruct existing facilities also in order to detain all indicted and convicted criminals safely;

25.  Regrets the limited progress in fighting corruption due to the weak coordination of anti-corruption efforts at State level and the lack of effective investigation and prosecution of suspects of high-level cases of corruption prevailing in government and other State and Entity structures, public procurement procedures, business licensing and in the health, energy, transportation and construction sectors; calls, in this respect, for the setting up without delay of an impartial and accountable anti-corruption body to restore faith of BiH citizens in their institutions, as well as for the concerted implementation of the new strategy for the fight against corruption (2009-2014) and the accompanying Action Plan;

26.  Calls on the BiH authorities to effectively combat human trafficking, effectively persecute perpetrators in cooperation with the international community, provide protection and compensation to the victims and raise awareness to prevent revictimazation by authorities and society;

Visa liberalisation

27.  Notes with satisfaction that the BiH authorities have accelerated their reforms and made significant progress in meeting the outstanding benchmarks contained in the roadmap for a visa-free regime, which demonstrates that with the necessary will significant progress in reforms can be achieved; strongly encourages the BiH authorities to adopt the remaining pieces of relevant legislation;

28.  Welcomes the Commission's above-mentioned legislative proposal of 27 May 2010 on visa liberalisation and calls on the Commission to verify that the remaining benchmarks are met in the coming months, with the aim of clearing the way for the Council and Parliament to approve introduction of the visa waiver for Bosnian citizens by the end of 2010;

29.  Recognizes the importance of visa liberalisation for all BiH citizens to be able to travel within the EU, sees it as an important factor for further EU integration and inter-ethnic reconciliation, preventing isolation and offering a chance for citizens to broaden their horizons, envisaging their perspective of EU membership and voice their will to the political leaders in order to foster EU integration;

The situation of the education system

30.  While recognizing the progress made at the institutional level, urges the BiH authorities to adopt the Law on Higher Education at the State level and to focus on the full implementation of the framework laws in the field of education, thereby reducing the fragmentation of the educational system; by making full use of the European Partnership, take measures to improve the overall quality of education meeting the needs of the labour market and the standards of the Bologna process as well as install schemes, with EU assistance, for training and re-skilling of persons faced with long-term unemployment; encourages the implementation of international student exchange programmes between all BiH universities and EU Member States, by making use of existing EU programmes and networks; stresses the need for a significant increase in the numbers of students, teachers and researchers participating in EU mobility programmes;

31.  Points out that education is a primary vehicle for genuine inter-ethnic reconciliation; considers that, in the context of EU assistance, increased attention should be paid to promoting an inclusive, non-discriminatory education system, based on tolerance and respect for diversity and on efforts to reach an understanding of the common history, and eliminating the segregation of different ethnic groups (two schools under one roof) by developing common education programmes and integrated classes in both entities; welcomes, in this regard, the establishment of a BiH-wide school students council;

32.  Calls on BiH authorities to re-visit the current rigid and costly methods of diploma nostrification and establish an agency for diploma recognition on the State level; reminds BiH authorities that skilled labour force should be encouraged, rather than discouraged to seek employment in the country;

Economic situation, social policy

33.  Welcomes the last round of evaluation of MONEYVAL(4); calls on all actors to pursue persistent economic reform efforts, take concerted actions of jurisdictions and facilitate economic activities including the removal of bureaucratic barriers, create a long term strategy for sustainable development through addressing inter alia education, research and development (R&D), infrastructure, agriculture, environment and energy; with the aim to attract foreign investment, encourages state and business leaders to pursue all efforts to restore investors' confidence and to create a business friendly environment in order for BiH not to fall further behind the region;

34.  Reminds on that the SAA requires the strengthening of economic policy coordination between the entity governments and the creation of, as an essential element of economic reform, a single economic space aimed at further internal integration as well as better land and labour markets; regrets in this regard that the fragmented internal labour legislation and social security systems remain the main obstacle for the free movement of persons within the country; states that economic prosperity, the prospect of jobs, especially for the young Bosnian and Herzegovinians is crucial for the further development of the country and can foster inter-ethnic reconciliation;

35.  Encourages the strengthening of fiscal coordination by ensuring the proper functioning of the Indirect Taxation Authority and the National Fiscal Council; urges the Council of Ministers to appoint, after a long delay, a permanent Director to the Indirect Taxation Authority;

36.  Urges the BiH Parliament, in view of being able to conduct a nation-wide census in 2011, to adopt as a matter of urgency the Law on Census, which is a clear precondition for the prospect of European accession and is essential for the country's economic and social development as well as continued EU assistance; stresses that, due to the sensitivity of the matter, it should not be compulsory to answer any questions concerning ethnicity;

37.  Invites the BiH authorities to put in place measures aimed at mitigating poverty and developing a social safety net that is better targeting the poor, the socially excluded and the vulnerable groups, especially the Roma, and to develop an efficient and sustainable social protection and integration system; calls on the BiH authorities to make a firmer commitment to employment policies, social cohesion and gender equality;

38.  Welcomes the initiatives by BiH authorities to improve the situation of Roma, and reaffirms the importance of adopting a strategy focusing on housing, healthcare, employment and education of Roma; calls on the authorities to provide adequate means to implement this strategy in cooperation with civil society including the Roma community, to combat discrimination and foster Roma representation in public offices;

39.  Welcomes the most recent legislative amendments by the Federation Parliament introducing the principle of needs-based social cash benefits and the budgetary restraints applied to all budget users including veterans; welcomes the fact that the development policy loan of the World Bank and the second and third tranche of the IMF's stand-by arrangement have been disbursed; encourages the Federation Parliament to adopt further measures aimed at more fiscal discipline;

40.  Urges BiH authorities to develop a national energy strategy which relies on renewable energy sources, energy conservation and efficiency as well as the modernisation of the electric grid; reminds both the BiH authorities and the Commission to ensure that hydroelectric power plants projects are planned and implemented in line with EU criteria of environmental impact assessment and overall standards of sustainability;

41.  Regrets that the administrative capacity in the environment sector remains weak and limited; calls, in this regard, for the adoption of a State-level comprehensive Environmental Law that ensures harmonized environmental protection and for the establishment of the State Environment Agency;

42.  Calls on the BiH authorities to adopt the Law on Health Insurance on the State level, in order to harmonise and improve the quality of public health provision and enable the people to seek the adequate medical treatment on the whole territory of BiH, regardless of their residence and place of employment;

Regional cooperation

43.  Underlines the importance of regional cooperation, and good-neighbourly relations, and considers them a vital element of the reconciliation process by enhancing people-to-people contacts; stresses the crucial role of civil society actors in contributing to enhanced regional cooperation on social and political aspects; calls on the Bosnian authorities to find a solution that ensures the regional mobility of citizens of Kosovo and the possibility to travel to Bosnia and Herzegovina;

44.  Applauds recent statements by the Croatian President, who apologised for Croatian policies in Bosnia and Herzegovina in the 1990s and honoured victims from each community; considers this gesture to be an important step in the promotion of ethnic reconciliation among the Balkan nations; calls on the other neighbouring countries of Bosnia and Herzegovina to follow this example;

45.  Calls on Croatia and Bosnia and Herzegovina to find a negotiated solution with regard to the Croatian construction plans for Pelješac bridge, to which Bosnia and Herzegovina is opposed; is concerned about the Croatian Prime Minister's recent announcement on the possible Croatian application for European funds to speed up the controversial construction work on this bridge; points out that the project could harm the future development of the Bosnian harbour of Neum and raises ecological concerns in both countries;

46.  Notes that durable stability and regional cooperation in the Western Balkans and the whole EU can not be envisaged as long as political stalemate in BiH persists;

47.  Commends BiH's active participation in regional cooperation, in particular for the signing with Croatia and Serbia of the agreements on international legal aid in criminal and civil matters which aims at the execution of criminal sanctions against persons who were convicted in one signatory country and then escaped to another;

o
o   o

48.  Instructs its President to forward this resolution to the Vice-President/High Representative, the Council, the Commission and the governments and parliaments of Bosnia and Herzegovina and its entities.

(1) OJ L 336, 18.12.2009, p. 1. (2) Texts adopted, P6_TA(2009)0332. (3) OJ C 46 E, 24.2.2010, p. 111. (4) Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (Council of Europe).

European Parliament resolution of 17 June 2010 on the EU-US air agreement

P7_TA(2010)0239 RC-B7-0370/2010

The European Parliament,

–  having regard to the text of the Protocol to amend the Air Transport Agreement between the European Community and its Member States, on the one hand, and the United States of America, on the other hand, initialled on 25 March 2010 (‘the second-stage Agreement’),

–  having regard to its resolution of 5 May 2010 on the launch of negotiations for Passenger Name Record (PNR) agreements with the United States, Australia and Canada(1),

–  having regard to its resolution of 13 January 2009 on cooperation in the regulation of civil aviation safety(2),

–  having regard to its resolutions of 14 March and 11 October 2007 on the EC-US Air Transport Agreement(3) (‘the first-stage agreement’),

–  having regard to its resolution of 17 January 2006 on developing the agenda for the Community's external aviation policy(4),

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

A.  whereas the first-stage agreement, which entered into provisional application on 30 March 2008, contained a suspension clause that could be triggered if there was no second-stage agreement by November 2010,

B.  whereas the first-stage agreement was only a first step in opening up the EU-US aviation markets, firmly committing both sides to further negotiations on continuing to open access to markets and to maximising benefits for consumers, airlines, labour and communities, and to addressing issues including the facilitation of investment so as to better reflect the realities of a global aviation industry, the strengthening of the transatlantic air transportation system and the establishment of a framework that will encourage other countries to open their own air services market,

C.  whereas negotiations launched in May 2008 led to a preliminary agreement on 25 March 2010,

D.  whereas opening the EU-US aviation markets, which, taken together, account for about 60% of world air traffic, would benefit consumers on both sides of the Atlantic, provide substantial economic benefits and create jobs,

General principles

1.  Takes note of the preliminary agreement of 25 March 2010, which could both consolidate the advances in market access included in the first-stage agreement and offer enhanced regulatory cooperation;

2.  Recalls that various aspects of aviation regulation, including noise restrictions and night flight limitations, should be determined at local level, in full compliance with the principle of subsidiarity; asks the Commission to coordinate these issues at European level, taking into account the national legislation of Member States, in order to continue the negotiations with the US and also to solve other issues related to these problems, such as cabotage;

Market opening

3.  Views with regret the absence of substantive progress in removing outdated regulatory constraints in the area of foreign investment, and considers that this will maintain the current unbalanced restrictions on foreign ownership and control in the United States;

4.  Recalls that the final goal of the EU-US Air Transport Agreement is the complete opening of the market without any restrictions from either side;

5.  Notes the limited access EU carriers will gain to US government-financed traffic (the ‘Fly America Programme’) and recalls that EU national governments do not have similar provisions;

Regulatory convergence, safety and security

6.  Encourages the Joint Committee to develop additional proposals for the mutual recognition of regulatory decisions in line with the principles of better regulation;

7.  Attaches high priority to cooperation on the development of the European and US air traffic management systems (‘SESAR’ and ‘Next Gen’) with a view to achieving interoperability and compatibility, as well as contributing to reduced environmental impacts;

8.  Welcomes cooperation between the EU and US authorities responsible for the field of aviation safety at all levels;

9.  Regrets that no further steps have been taken on the issues of foreign repair stations;

10.  Reiterates the importance of the European blacklist of substandard carriers and the US system for monitoring carrier standards, and calls on both parties to share information in this area;

11.  Emphasises that the privacy of European and US citizens should be respected when personal passenger data are exchanged between the EU and the US, in accordance with the criteria called for by the European Parliament in its resolution of 5 May 2010; stresses in this connection the urgency of arriving at worldwide standards on data protection and privacy;

12.  Stresses that the European Union is based on the rule of law and that all transfers of personal data from the EU and its Member States for security purposes should be based on international agreements with the status of legislative acts, in order to provide necessary safeguards for EU citizens, respect procedural guarantees and defence rights, and comply with data-protection legislation at national and European level;

13.  Underlines the importance of legal certainty for EU and US citizens and airlines, as well as the need for harmonised standards for the latter;

14.  Notes the importance of consultation and cooperation with respect to security measures but warns against excessive or uncoordinated measures that are not based on a proper risk assessment;

15.  Renews its call on the Commission and the US to review the efficiency of the additional security measures adopted since 2001 so as to eliminate overlapping and weak links in the security chain;

16.  Advocates the concept of ‘one-stop security’, rather than rechecking passengers and luggage at every transfer;

Environment

17.  Recognises that the aviation sector has several negative environmental effects, in particular as a source of noise and as a contributor to climate change, and that these effects will increase with the growth of aviation;

18.  Notes that the joint statement on environmental cooperation is of critical importance in addressing the environmental impacts of international aviation, but regrets that Emissions Trading Scheme (ETS) regulation is not part of the preliminary agreement; points out that further talks will need to be held with the US with a view to the entry into force of ETS by 2012;

19.  Welcomes the agreement to work together in the framework of the International Civil Aviation Organisation to reduce aircraft noise and emissions, together with the intention to enhance technical cooperation between the EU and US in the fields of climate science, research and technology development, fuel efficiency and reduction of emissions from air transport, and the exchange of best practices on noise reduction, while acknowledging differences in local circumstances;

Social policy

20.  Welcomes the agreement's recognition of the importance of the social dimension and the responsibility given to the Joint Committee to monitor the social effects of the agreement and develop appropriate responses as necessary;

21.  Calls on the Commission to use the agreement to promote compliance with relevant international legislation on social rights, in particular the labour standards embodied in the fundamental conventions of the International Labour Organization (ILO 1930-1999), the OECD Guidelines for Multinational Enterprises (1976, revised 2000) and the Rome Convention on the Law Applicable to Contractual Obligations of 1980;

22.  Insists that EU social legislation should be applied to employees recruited and/or working in the Member States, in particular the Directives concerning the consultation and information of employees (2002/14/EC, 98/59/EC and 80/987/EEC), the Directive on the organisation of working time of mobile staff in civil aviation (2000/79/EC) and the Directive concerning the posting of workers in the framework of the provision of services (96/71/EC);

Operation of the Agreement

23.  Calls on the Commission to ensure that the European Parliament is fully informed and consulted about the work of the Joint Committee like all relevant stakeholders;

24.  Recalls that following the entry into force of the Lisbon Treaty, European Parliament consent is required before the conclusion of an international agreement in the field of ordinary procedure (Article 218(6));

25.  Welcomes the idea of regular meetings between Members of the European Parliament and the US Congress to discuss all relevant issues concerning EU-US aviation policy;

26.  Asks the European Commission to start the process of third-stage negotiations with a view to include the following items, by 31 December 2013:

o
o   o

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

(1) Texts adopted, P7_TA(2010)0144. (2) Texts adopted, P6_TA(2009)0001. (3) Texts adopted, P6_TA(2007)0071 and P6_TA(2007)0428. (4) OJ C 287 E, 24.11.2006, p. 84.

European Parliament resolution of 17 June 2010 on the Implementation of the first railway package Directives (2001/12/EC, 2001/13/EC and 2001/14/EC)

P7_TA(2010)0240 B7-0344/2010

The European Parliament,

–  having regard to the second report from the Commission to the European Parliament and the Council on monitoring development of the rail market (COM(2009)0676) and the accompanying Commission staff working paper (SEC(2009)1687),

–  having regard to Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community's railways(1),

–  having regard to Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings(2),

–  having regard to Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification(3),

–  having regard to its resolution of 12 July 2007 on the implementation of the first railway package(4),

–  having regard to the question of 9 March 2010 to the Commission on the Implementation of the first railway package Directives (Nos 2001/12/EC, 2001/13/EC and 2001/14/EC) (O-0030/2010 – B7-0204/2010),

–  having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A.  whereas the first railway package, which was adopted in 2001 and contains three directives on the development of the Community's railways, on the licensing of railway undertakings and on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification, was intended to revitalise the rail industry by acting as a first step towards the creation of an integrated European railway area, and to provide a sound financial structure to bring this about,

B.  whereas the directives of the first railway package were due to be transposed into national law on 15 March 2003, but the Commission waited until June 2008 before launching infringement procedures against Member States for incorrect or incomplete implementation of the first railway package,

C.  whereas, on the basis of the second report of the Commission on monitoring the development of the rail market, the rail share in transport has not increased but only stabilised to the low level of around 10% in the rail freight market and to less than 7% for passenger transport in 2002,

1.  Deplores that a large majority of 22 Member States have failed to implement properly the three directives of the first railway package; considers that this failure has prevented the development of rail share in transport in general;

2.  Recalls that Parliament had already underlined in its resolution of 12 July 2007 that a full implementation of the first railway package was an absolute priority; is therefore very dissatisfied that this priority has not been respected by a large majority of Member States including Austria, Belgium, Bulgaria, the Czech Republic, Germany, Denmark, Estonia, Greece, Spain, France, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Poland, Portugal, Romania, Sweden, Slovenia and Slovakia;

3.  Regrets that the Commission has lost five years to act against this failure and has waited until June 2008 before sending letters of formal notice and until October 2009 to send reasoned opinions for incorrect or incomplete implementation of the first railway package; regrets that the European Commission has not sufficiently focussed its monitoring on the financial foundations of the railway system; urges therefore the Commission to initiate without delay the legal proceedings against the 22 Member States which have not implemented the first railway package;

4.  Urges the 22 Member States to respect the European legislation without further delay; is convinced that those Member States still prevent fair competition in the rail market by not implementing the directives of the first railway package;

5.  Requests that the Commission makes public concrete information on the elements not fully implemented in each Member State, especially on the insufficient set up of an independent regulatory body and the lack of implementation of provisions on track access charging; furthermore, asks the Commission to inform Parliament on the different legal interpretations between the Commission and the Member States on the independence of infrastructure managers (Articles 4(2) and 14(2) of Directive 2001/14/EC);

Independence of infrastructure managers

6.  Stresses that sufficient independence has to be guaranteed to the infrastructure manager, as the latter has a central role, according to Directive 2001/14/EC in providing fair access to infrastructure capacity to all applicants through the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification;

7.  Considers that the independence of the infrastructure manager is a precondition for allowing fair, transparent and non-discriminatory treatment of all operators; underlines as particularly worrying that insufficient practical and legal safeguards to guarantee the independence of infrastructure managers have been provided, especially when they are part of a railway holding containing also rail transport activities;

8.  Requests that Member States not respecting this provision clearly separate the essential task of allocating capacity on the national rail network from any incumbent railway operator through all necessary legal and functional measures, as this lack of independence could prevent a real determination of the use of infrastructure by the infrastructure manager;

The lack of powers of regulatory bodies

9.  Is worried by the fact that no sufficient powers and resources have been attributed to regulatory bodies and that these insufficiencies lead to a lack of control of competition problems in each national market;

10.  Asks the Commission to inform the Parliament on the powers of the regulatory bodies which need to be reinforced by Member States in order to guarantee them real power to monitor their respective railway markets;

11.  Considers that this failure to set up truly independent regulatory bodies in the Member States hinders a proper implementation of the first railway package;

Infrastructure financing and charging framework

12.  Notes that specific provisions relating to the financing of infrastructure and tackling of railway debt were included in the first railway package (Article 9 of Directive 2001/12/EC);

13.  Regrets that the level of investment in rail infrastructure development and maintenance remains largely insufficient in many Member States, with the quality of the existing infrastructure declining in several cases; urges Member States to mobilise the necessary resources to ensure that new rail transport projects are developed and that the existing infrastructure is adequately maintained;

Track access charging

14.  Notes that the independence of infrastructure managers and guaranteed powers and resources for regulatory bodies are preconditions for satisfactory track access charging; recalls that these infrastructure charges shall be calculated in a fair, transparent and consistent manner and provide sufficient visibility for the railway undertakings;

15.  Expresses concerns at the insufficient implementation of provisions on infrastructure charges, especially the absence of performance schemes in order to improve the performance of the railway network and of tariff systems based on the direct costs of rail services, as well as the lack of independent determination of infrastructure charges by the infrastructure manager;

16.  Regrets that, due to this lack of implementation, the infrastructure charges appear not to be directly linked to the costs of train services and that the rail market might not be able to bear these high charges; notes that this high level of infrastructure charges can hinder the entering into the market of non-incumbent operators and that the Commission has received several complaints by operators on the access to terminals and to rail services;

17.  Considers that track access charging principles applying to rail and road transport should converge to establish the ground for a real level playing field among transport modes; stresses that such level playing field would allow making the EU transport system more sustainable and more efficient and would maximise the rail environmental competitiveness;

The revision of the first railway package

18.  Stresses that a proper and full implementation of the first railway package is a fundamental condition to create a European rail network and that the absolute priority of the European Commission shall be to pursue this implementation by all legal procedures at its disposal;

19.  Urges the Commission to propose a revision of the first railway package by September 2010; requests the Commission to treat in priority in this revision the problems of the independence of the infrastructure managers, of the regulatory bodies' lack of resources and powers and to propose an appropriate infrastructure access charging principles that stimulates public and private investments in the rail sector;

20.  Considers that the successful opening up of markets in the rail transport sector depends on the full implementation of the provisions laid down in the first railway package; further liberalisation of the rail market should not detract from the quality of rail transport service and should safeguard public service obligations; until the complete opening up of the markets, the principle of reciprocity should be applied;

21.  Asks the Commission to react or give the information concerning the requests in paragraphs 3, 5, 10 and 16 within the recast of the first railway package or at the latest by the end of 2010;

o
o   o

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

(1) OJ L 75, 15.3.2001, p. 1. (2) OJ L 75, 15.3.2001, p. 26. (3) OJ L 75, 15.3.2001, p. 29. (4) OJ C 175 E, 10.7.2008, p. 551.

European Parliament resolution of 17 June 2010 on the floods in central European countries, in particular Poland, the Czech Republic, Slovakia, Hungary and Romania, and in France

P7_TA(2010)0241 RC-B7-0346/2010

The European Parliament,

–  having regard to Article 3 of the EU Treaty and Articles 191 and 349 of the Treaty on the Functioning of the European Union,

–  having regard to the Commission proposal for a regulation establishing a European Union Solidarity Fund (EUSF) (COM(2005)0108) and to Parliament's position of 18 May 2006,

–  having regard to its resolutions of 5 September 2002 on floods in Europe(1), of 8 September 2005 on natural disasters (fires and floods) in Europe(2), of 18 May 2006 on natural disasters (forest fires, droughts and floods) – agricultural aspects, regional development aspects and environmental aspects(3) and of 7 September 2006 on forest fires and floods(4),

–  having regard to the Commission White Paper entitled ‘Adapting to climate change: Towards a European framework for action’ (COM(2009)0147) and to the Commission Communication on a Community approach on the prevention of natural and man-made disasters (COM(2009)0082),

–  having regard to the Commission Staff Working Document entitled ‘Regions 2020 - an assessment of future challenges for EU regions’ (SEC(2008)2868),

–  having regard to the statement by the Commission on the major natural disaster which occurred in the autonomous region of Madeira on 24 February 2010 and to its resolution of 11 March 2010 on the major natural disasters in the autonomous region of Madeira and the effects of the storm ‘Xynthia’ in Europe(5),

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

A.  whereas major natural disasters have occurred, in the form of floods in various European Union Member States, particularly Poland, Czech Republic, Slovakia, Hungary and Romania, as well as in Germany and Austria, and recently in France, resulting in deaths and injuries and necessitating the evacuation of thousands of people,

B.  whereas those disasters have caused serious damage, including to infrastructure, businesses and arable land, have also destroyed elements of natural and cultural heritage, and have probably created public health risks,

C.  whereas sustainable reconstruction of the areas destroyed or damaged by the disasters must be undertaken in order to make good their economic and social losses,

D.  whereas the frequency, severity, complexity and impact of natural and man-made disasters across Europe has increased rapidly in recent years,

1.  Expresses its empathy and solidarity with the inhabitants of the regions affected by the disasters, takes due note of the possible serious economic effects, and pays its respects and extends its condolences to the families of the victims;

2.  Acknowledges the relentless efforts made by search-and-rescue units to save lives and reduce the damage in the affected areas;

3.  Applauds the actions of the Member States that provided assistance to the areas affected, as European solidarity is exemplified by mutual assistance in adverse situations;

4.  Calls on the Commission and the Member States to review planning, sustainable land use policies, ecosystem absorption capacities and best practices in the light of the increased risks of flooding stemming from the way land, habitats and drainage systems are managed and to increase the capacity of flood-control and drainage infrastructure in order to limit the damage caused by extreme rainfall;

5.  Calls on the Member States and regions affected by the disasters to pay particular attention to the sustainability of their respective reconstruction plans and to consider the feasibility of long-term investment in Member States' disaster-prevention and response policies;

6.  Calls on the Member States to fulfil the requirements laid down in and to implement the EU Floods Directive; urges that flood-risk maps should be taken into account in territorial planning management; stresses that effective flood prevention has to be based on cross-border strategies; encourages neighbouring Member States to step up their cooperation in dealing with prevention of natural disasters, thereby ensuring that the best possible use is made of EU funds allocated for this purpose;

7.  Calls on the Commission and the Member States to provide support for the areas affected by the economic and social impact of the disasters in the swiftest possible manner;

8.  Reiterates that a new EUSF regulation, based on the Commission proposal (COM(2005)0108), is vitally needed in order to address the problems caused by natural disasters in a more flexible and effective way; criticises the fact that the Council has blocked the proposal, even though Parliament adopted its position by an overwhelming majority at first reading in May 2006; urges the Belgian Presidency and the Commission to seek a solution without delay in order to reactivate the revision of this regulation, with a view to creating a stronger and more flexible instrument which will be able to respond effectively to the new challenges of climate change;

9.  Calls on the Commission, following the submission by national and regional authorities of their respective reconstruction plans, immediately to take steps to ensure that the financial resources required are disbursed as swiftly, effectively and flexibly as possible by the EUSF;

10.  Urges the Commission, in addition to mobilising the EUSF, to be open and flexible when negotiating with national and regional authorities the revision of the regional operational programmes for the period 2007-2013 financed from the ERDF, ESF and Cohesion Fund; calls on the Commission to proceed with this revision as soon as possible;

11.  Calls on the Commission to take into account the differences between the regions affected, which include mountain and riverside areas, with a view to assisting the victims in the best possible manner;

12.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States and regional and local authorities in the affected areas.

(1) OJ C 272 E, 13.11.2003, p. 471. (2) Texts adopted, P6_TA(2005)0334. (3) Texts adopted, P6_TA(2006)0222, 0223 and 0224. (4) Texts adopted, P6_TA(2006)0349. (5) Texts adopted, P7_TA(2010)0065.

European Parliament resolution of 17 June 2010 on Judicial training – Stockholm Programme

P7_TA(2010)0242 B7-0294/2010

The European Parliament,

–  having regard to Articles 81 and 82 of the Treaty on the Functioning of the European Union,

–  having regard to the Commission's Communication on an Action Plan Implementing the Stockholm Programme(1),

–  having regard to its resolution of 9 July 2008 on the role of the national judge in the European judicial system(2),

–  having regard to Parliament's resolution of 25 November 2009 on the Stockholm programme(3),

–  having regard to the question of 10 May 2010 to the Commission on Judicial Training - Stockholm Action Plan (O-0063/2010 – B7-0306/2010),

–  having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A.  whereas Articles 81 and 82 of the Treaty on the Functioning of the European Union provide for the adoption under the ordinary legislative procedure of measures aimed at ensuring ‘support [for] the training of the judiciary and judicial staff’,

B.  whereas in its Action Plan Implementing the Stockholm Programme the Commission has announced that it will be presenting a communication on an Action Plan on European training for all legal professions in 2011 and launching pilot projects on ‘Erasmus-style’ exchange programmes for judicial authorities and legal professionals in 2010-2012,

C.  whereas regard must be had to the particular needs of the judiciary in respect of training in the form of familiarisation courses in national, comparative and European law and the sensitivity which needs to be shown in organising such courses,

D.  whereas it is particularly difficult to organise training for members of the judiciary given the constraints on their time and availability, their independence and the need for courses to be tailored to their specific needs in terms of current legal problems,

E.  whereas such courses must also aim to create channels of communication between participants and hence foster a European judicial culture based on mutual understanding, thus enhancing the mutual trust on which the system of mutual recognition of judgments is based,

F.  whereas, in spite of the pressure on national budgets, Member States still have the primary responsibility for judicial training and must accept ownership of it,

G.  whereas it is nevertheless essential to have EU funding for such judicial training courses designed to foster a European judicial culture,

H.  whereas appropriate judicial training and the creation of a European judicial culture can expedite legal proceedings in cross-border cases and hence make a significant contribution towards improving the operation of the internal market for both businesses and citizens and making it easier for citizens who have exercised the right of free movement to obtain access to justice,

I.  whereas the Commission should conduct a stock-take of national training programmes and schools for the judiciary with a view also to identifying best practices in this sector,

J.  whereas it is necessary to build upon existing structures and networks, in particular the European Judicial Training Network and the Academy of European Law, and involve the Network of the Presidents of the Supreme Judicial Courts, the European Network of Councils for the Judiciary, the Association of the Councils of State and Supreme Administrative Jurisdictions and the Eurojustice network of European Prosecutors-General in the setting up of the pilot projects for judicial training,

1.  Welcomes the Commission's prompt response to the suggestions set out in Parliament's resolution of 25 November 2009;

2.  Calls on the Commission and the Council to ensure that Parliament is fully involved in the conception and approval of arrangements for judicial training, in particular the pilot projects envisaged in the Commission's action plan pursuant to Articles 81 and 82 of the Treaty on the Functioning of the European Union;

3.  Considers that the proposed pilot projects should not be restricted, as far as members of the judiciary are concerned, to ‘Erasmus-style’ exchange programmes;

4.  Calls on the Commission to commence its consultations, in particular of Parliament, with a view to the design and preparation of the future pilot projects as soon as possible;

5.  Urges the Commission, with the cooperation of the Member States in the Council, to produce proposals as soon as possible for the creation of a network of legal training bodies across the Union accredited to provide familiarisation courses in national, comparative and European law for members of the judiciary on a stable, ongoing basis;

6.  Calls on the Commission to consult Parliament on separate plans for the creation of an institution building upon existing structures and networks, in particular the European Judicial Training Network and the Academy of European Law;

7.  Presses the Commission to come forward with concrete proposals for the funding of the future Action Plan for judicial training;

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

(1) COM(2010)0171. (2) Texts adopted, P6_TA(2008)0352. (3) Texts adopted, P7_TA(2009)0090.

European Parliament resolution of 17 June 2010 on a new impetus for the Strategy for the Sustainable Development of European Aquaculture (2009/2107(INI))

P7_TA(2010)0243 A7-0150/2010

The European Parliament,

–  having regard to the Commission Communication entitled ‘Building a sustainable future for aquaculture - a new impetus for the Strategy for the Sustainable Development of European Aquaculture’ (COM(2009)0162),

–  having regard to Commission Regulation (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and seaweed production(1),

–  having regard to the Proposal for a Council Regulation amending Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture (COM(2009)0541),

–  having regard to Commission Regulation (EC) No 257/2009 of 24 March 2009 amending Regulation (EC) No 794/2004 as regards the supplementary information sheet for notification of aid to fisheries and aquaculture(2),

–  having regard to Commission Regulation (EC) No 248/2009 of 19 March 2009 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards notifications concerning recognition of producer organisations, the fixing of prices and intervention within the scope of the common organisation of the market in fishery and aquaculture products (recast)(3),

–  having regard to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(4), and to Commission Decision 2008/946/EC of 12 December 2008 implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals(5),

–  having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(6),

–  having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel(7),

–  having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products(8),

–  having regard to Commission Regulation (EU) No 271/2010 of 24 March 2010 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards the organic production logo of the European Union(9),

–  having regard to Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species(10),

–  having regard to the Commission Communications entitled ‘Guidelines for an Integrated Approach to Maritime Policy: Towards best practice in integrated maritime governance and stakeholder consultation’ (COM(2008)0395), ‘Roadmap for Maritime Spatial Planning: Achieving Common Principles in the EU’ (COM(2008)0791) and ‘Developing the international dimension of the Integrated Maritime Policy of the European Union’ (COM(2009)0536), and to the recent Progress Report on the EU's Integrated Maritime Policy (COM(2009)0540),

–  having regard to the Scientific Reports and Opinions produced by the European Food Safety Authority (EFSA) in 2008 on the welfare of six of the main fish species farmed in the EU and to the Scientific Opinions produced by EFSA in 2009 on the welfare at slaughter of eight farmed fish species,

–  having regard to its resolution of 25 February 2010(11) on the Commission Green Paper on reform of the common fisheries policy (COM(2009)0163),

–  having regard to its resolution of 4 December 2008(12) on the adoption of a European Cormorant Management Plan,

–  having regard to its resolution of 2 September 2008(13) on Fisheries and Aquaculture in the context of Integrated Coastal Zone Management in Europe,

–  having regard to its position of 31 January 2008(14) on the proposal for a regulation of the European Parliament and of the Council on the submission by Member States of statistics on aquaculture,

–  having regard to its resolution of 12 December 2007(15) on the common organisation of the market in the fisheries and aquaculture products sector,

–  having regard to its resolution of 7 September 2006(16) on launching a debate on a Community approach towards eco-labelling schemes for fisheries products,

–  having regard to its resolution of 16 January 2003(17) on aquaculture in the European Union: present and future,

–  having regard to the Guidelines for the examination of State aid to fisheries and aquaculture(18) and the Acceptance of the Guidelines by Member States(19),

–  having regard to the Treaty on the Functioning of the European Union (TFEU) and its resolution of 7 May 2009 on Parliament's new role and responsibilities in implementing the Treaty of Lisbon(20),

–  having regard to the report of the fourth Session of the FAO Sub-Committee on Aquaculture(21),

–  having regard to the FAO Code of Conduct for Responsible Fisheries(22),

–  having regard to Rule 48 of its Rules of Procedure,

–  having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0150/2010),

A.  whereas at present there is no specific, harmonised EU legislative framework for the aquaculture sector; whereas this sector is instead covered by a variety of EU legislative texts in different areas (environment, public health, etc.) and national legislation which may vary considerably from one Member State to another, thereby creating confusion among operators in the sector, in addition to causing discrimination and distortions of the market,

B.  whereas, in this context, the most appropriate step is for the Commission to propose a regulation laying down rules for the aquaculture sector and thus introducing the necessary legislative clarity,

C.  whereas the aquaculture sector is an innovative, potentially high-technology economic sector requiring intensive structural and research investment, long-term operational and financial planning, and hence legal certainty and clear and stable legislative frameworks,

D.  whereas the aquaculture sector directly interacts with policy areas which are of prime importance to our society, such as the environment, tourism, urban planning, regional development, public health and consumer protection; whereas it is therefore essential that due consideration be given to the sector's interests and that it be treated fairly,

E.  whereas all forms of aquaculture must be sustainable and socially just and, consequently, no harm must be done to ecosystems through an increase in the concentrations of natural substances and in the concentrations of substances produced by humans, such as non-degradable chemicals and carbon dioxide, and through physical disturbance,

F.  whereas the 2002 Commission Communication of 19 September 2002 (COM(2002)0511) has proved clearly inadequate in encouraging Member States to give a significant boost to the development of the EU aquaculture sector, while the past decade has seen a substantial growth of the sector worldwide, in addition to a rise in the demand for fishery products, from both farmed and wild fish, with a sharp increase in imports of such products from non-EU countries,

G.  whereas the EU is a net importer of fishery and aquaculture products, and the demand for these products is increasing both globally, due to the growing world population, and at Community level due to the past and future accession to the EU of countries in which this trend in demand is even more accentuated, as well as because consumption patterns are changing towards foods based on healthier products,

H.  whereas, furthermore, a reliable certification system for aquaculture products is needed,

I.  whereas the Community's sustainable aquaculture sector can make a major contribution to ensuring high-quality food supplies as regards fish products, and thus to reducing the pressure on wild species by diversifying the supply of fisheries and aquaculture products, as well as playing an important role as regards food security, economic activities and employment, especially in rural and coastal regions,

J.  whereas the EU should therefore accord the sustainable aquaculture sector and its development at EU level greater strategic importance, providing it with the necessary financial aid, bearing in mind that the high technology required by aquaculture activities often entails substantial investment by companies, whatever their size,

K.  whereas, given the importance of developing the aquaculture sector, the Commission is urged to ring-fence a portion of the European Fisheries Fund for that purpose; whereas the relevant instruments will need to be sufficiently flexible and effective to secure the development of the sector, including scientific research,

L.  whereas the considerable research and technological innovation required to ensure the competitiveness and sustainability of aquaculture and enable operators to be successful in the sector is beyond the possibilities of many companies in the sector, regardless of whether these are SMEs or large enterprises,

M.  whereas, in order to be effective, a sustainable aquaculture policy will need to be structured in such a way as to benefit and promote the multidisciplinary and coordinated involvement of all sectors related to the activity,

N.  whereas the EU is already applying a policy of support for organic agriculture and aquaculture products through the implementation of Regulations (EC) No 834/2007, 889/2008 and 710/2009, as the key to a European sustainable aquaculture sector, closely linked to optimising its own product to make it more competitive and to improve consumer protection as well as information and freedom of choice for consumers,

O.  whereas any sustainable aquaculture policy, whether at Community or national level, must take account of distinctions between various types of aquaculture production (saltwater fish, freshwater fish, molluscs, crustaceans, seaweed and echinoderms), with measures properly geared to their market and to competition structures and issues,

P.  whereas the measures to promote the development of sustainable aquaculture must take into account, in some cases, the need to reduce to a minimum the stress levels caused by farm density or transport and to search for more humane slaughter techniques, and the well-being of fish in general,

Q.  whereas Article 13 of the Treaty on the Functioning of the European Union recognises fish as sentient beings and provides that the Union and the Member States shall, in formulating and implementing their policies on fisheries, pay full regard to the welfare requirements of the animals,

R.  whereas aquaculture operators in many EU countries are burdened by excessive bureaucratic obstacles and administrative formalities, deriving from the existing legal framework, that limit their productivity and competitiveness, doing more than a little to discourage investors,

S.  whereas fish are the natural diet of many farmed fish species and most fish farms rely on diets which contain some fishmeal and fish oil,

T.  whereas, at the same time, many EU countries lack specific national or regional development plans that regulate installations in continental, coastal and marine areas and clearly identify the zones available for aquaculture plants, thereby preventing easily foreseeable conflicts of interest with environmental protection policies and other economic sectors, such as tourism, agriculture and coastal fishing,

U.  whereas a sustainable aquaculture policy can coexist with ‘Natura 2000’ areas and can even contribute positively to the management thereof in cases where the conservation objectives of the site so allow, and to the welfare of the populations concerned when it deals with traditional shellfishing activities or provides for aquaculture plants of an appropriate size for which there are no alternative locations, that comply with Community rules on environmental impact assessments and are compatible with the provisions on the protection of habitats,

V.  whereas EU products currently face fierce competition from imports from non-EU countries (above all, Turkey, Chile, Vietnam and China), where companies can operate with much lower overheads, as they are not subject to the same legal constraints and the same stringent environmental and plant health legislation, and can pay low wages (social dumping), thereby placing the EU aquaculture sector under further pressure, affecting food quality and endangering consumers' health,

W.  whereas aquaculture activities have a lower environmental impact than other primary sectors, and aquaculture products are thus more sustainable; whereas a section of European civil society is unaware of this fact, which may give rise to unfounded prejudices about these products,

X.  whereas the depredations of cormorants are threatening, in many areas, to put traditional, more natural fish ponds out of business,

General

1.  Welcomes the Commission's initiative of submitting the aforementioned Communication COM(2009)0162, as an indication of greater attention being given to the sustainable aquaculture sector, and hopes that this will lead to a legislative review that will be better geared to the needs and the challenges facing the sector, with a view to consolidating this at global level;

2.  Points out that, with the entry into force of the Treaty of Lisbon, the European Parliament has ceased to be a consultative body in the fisheries sector and has become a co-legislator in the aquaculture sector as well;

3.  Considers that any legislative reform of the aquaculture sector should fit in, in a smooth and complementary manner, with the current process of reform of the Common Fisheries Policy;

4.  Points out that Parliament has already in the past drawn attention to the need for more concise, consistent and transparent legislation on aquaculture;

5.  Expresses the view that a strong sustainable aquaculture sector could act as a catalyst for the development of many remote, coastal and rural areas in the Member States and contribute to the development of local production, with significant benefits also for consumers in the form of high-quality, healthy and sustainably produced food products;

6.  Considers that the competitiveness of Community aquaculture should be strengthened through strong, active, targeted and steady support for research and technological development, which is an essential prerequisite for the development of a sustainable, modern, efficient, economically viable and environment-friendly aquaculture sector; points out too that research networks, multidisciplinary research groups, technology transfer and coordination between the sector and scientists through technology platforms are essential to ensure a good return on investment in R&D;

7.  Welcomes the creation of the European Aquaculture Technology and Innovation Platform, taking into account the need for the aquaculture sector to be supported by excellence in research and innovation in order to respond to the emerging challenges;

8.  Considers that the success of the European sustainable aquaculture sector will be largely dependent on the establishment, nationally and locally, of a more business-friendly environment, and calls on the Member States, therefore, to speed up their work towards this without delay and to promote exchanges of experience and best practices at EU level;

9.  Underlines that the reduction of red tape will encourage investment in the sector and considers it essential that the Member States, in close cooperation with local authorities, implement administrative simplification procedures as soon as possible, introducing transparent and standardised concession procedures in respect of applications for the establishment of new aquaculture plants;

10.  Considers that a sustainable and organic aquaculture sector should be in a position to provide consumers with high-quality food products ensuring healthy and balanced nutrition;

11.  Considers that aquaculture systems which deplete wild fish stocks or pollute coastal waters are to be considered unsustainable and that European aquaculture should give priority to herbivorous species and carnivorous species which can thrive on reduced consumption of fishmeals and oils;

12.  Stresses that, in order to expand the aquaculture industry in Europe, the sector relies on continuous development to decrease the feed factor of wild-caught protein to product; points out that the stocks of wild fish suitable for feed production are limited and in many cases overfished and therefore aquaculture development should focus more on herbivorous species and piscivorous species which can further significantly decrease the feed factor;

13.  Considers it urgent and essential to lay down and strengthen the rigorous, transparent quality and traceability criteria for EU aquaculture products, to improve fish feedstuffs, and to introduce and strengthen labelling criteria for high-quality aquaculture products and organic aquaculture production;

14.  Considers that the priority aim of environmental quality certification for aquaculture products should be to promote the environment-friendly use of living aquatic resources in the context of a sustainable development that takes due account of environmental, economic and social factors, with due respect for the principles of the Code of Conduct for Responsible Fisheries(23) and future FAO guidelines;

15.  Calls on the Commission to introduce a European eco-labelling programme for fishery and aquaculture products that follows the Community guidelines on eco-labelling; emphasises that eco-labelling not only gives European aquaculture products a competitive advantage, but also brings transparency to a market in which the proliferation of private certifications can confuse consumers;

16.  Calls on the Commission to take action to ensure that the stocking of aquaculture farms does not affect the natural status or viability of wild populations, marine ecosystems and biodiversity in general;

17.  Views financial assistance compensating for damage caused by legally protected animals as an essential precondition for the development of a sustainable, modern and efficient aquaculture sector;

18.  Takes the view that, while any proposed EU legislation should address general aspects such as environmental impact assessments, water use and protection, and product traceability, a generic or undifferentiated approach must not be adopted in that legislation;

19.  Stresses the need for a firmer commitment from the EU on investments in sustainable aquaculture, in the form of additional financing under the Community Fisheries Fund, giving preference to best environmental practice; points out, however, that future financing of aquaculture related activities should only be possible with the effective implementation of the Environmental Impact Assessment(24) (EIA) Directive, to ensure that projects funded do not lead to degradation of the environment or of wild-fish or shellfish stocks;

20.  Stresses that respect for biodiversity should be established as a basic principle of EU aquaculture policy, as regards both domestic waters and the external dimension of the aquaculture strategy, with support being given to the farming of fish only where the species involved are local or already well established; calls for scientific risk assessment for all non-native introductions and for measures to contain and monitor ecologically harmful species;

21.  Reiterates the need to include traditional shellfishing activities along with the rest of the aquaculture sector in the Common Fisheries Policy to ensure economic, social and environmental sustainability and to guarantee them non-discriminatory access to European funding;

22.  Considers it essential that all the appropriate steps be taken to ensure that any aquaculture product imported into the EU from a third country, either for consumption or for processing, complies in full with the same public health and food safety standards as the equivalent Community product, and that meticulous checks at the appropriate sites contribute effectively towards this, without creating new trade barriers, but in encouraging the exchange of best practices with developing countries;

23.  Stresses that aquaculture should be considered as complementary to the catch sector, in particular as regards market supply and employability;

Specific considerations
Legislative, administrative and financial framework

24.  Calls on the Commission to bring forward swiftly a proposal for a regulation consolidating in a single text all the EU legislation governing the aquaculture sector and to promote coordination between the different Directorates-General that have responsibility in this field;

25.  Calls on the Commission to set out in that regulation specific European certification criteria and general basic rules for the various product categories, with which every aquaculture establishment in the Community must comply, together with provisions for maximum harmonisation of environmental impact criteria at Community level in order to avoid any distortion of competition between Member States, but to delegate responsibility for the implementation phase and checks on the operation of the establishments to the competent authorities of the Member States, in full accordance with the principle of subsidiarity; e.g. parameters on environmental impact, use of water resources, feeding of farmed fish, molluscs and crustaceans in production units, product traceability and labelling, as well as fish health and welfare standards etc.;

26.  Believes that the aquaculture sector should be duly supervised and should cover a wider range of marine activities, such as maritime transport, nautical tourism, offshore wind farms, fishing, etc.;

27.  Calls on the Commission to strive to ensure that the Member States make a formal undertaking to document and apply their countries' existing environmental and tourism protection legislation and – in respect of those zones not subject to restrictions – to adopt the necessary development plans for the management of marine, coastal and inland water areas, so that sectoral plans for aquaculture can be set up, clearly identifying the areas available for the establishment of plants in the sector;

28.  Calls on the Member States to work towards a ‘maritime development plan’ and the integrated management of coastal areas, as provided for under the EU's new maritime policy and in line with environmental impact assessments, which covers all the different product categories in the sector, such as shellfishing, sub-coastal aquaculture, offshore and freshwater aquaculture, and to undertake to reduce existing bureaucratic obstacles to obtaining the requisite permits and concessions to start a sustainable aquaculture activity, possibly by setting up ‘one-stop shops’ that centralise the administrative formalities incumbent on operators in a single location; calls too on the Member States to draw up long-term strategic plans to foster the sustainable development of this activity and on the Commission to bring forward proposals for all measures required to promote competitiveness in the sector, taking into account the specificities of each Member State;

29.  Hopes that the future European Fisheries Fund in support of the reformed Common Fisheries Policy will provide for specific budget lines for sustainable aquaculture development and support for investment in that sector, following best environmental practice, and to promote economic activity and employment with a particular focus on technologically innovative plants with a lesser environmental impact (e.g. water purification systems for eliminating residues and pollutants), farms that promote fish health and welfare and sustainable forms of aquaculture;

30.  Hopes that this Fund will take into due account the need to provide financial support for enterprises in the sector, particularly for SMEs and family-run enterprises, based on their contribution to the social and economic development of the coastal area and with the emphasis on remote and border areas;

31.  Supports the Member States in simplifying the licensing procedures that would encourage access to new sites and facilitate long-term access to existing sites, especially those sites where SMEs and family-run enterprises operate;

32.  Emphasises too the need to ensure increased financial contributions for scientific research, innovation and technology transfers in the field of sustainable, organic, offshore and freshwater aquaculture, and for enterprises which are to convert part or all of conventional production to organic production, by means of sectoral policies covering all key aspects, from the supply chain to the optimisation and promotion of products on the market, with better management of those aspects in the thematic axes set out under the Structural Funds and in Community programmes;

33.  Urges the Commission to equip the aquaculture sector with a real economic crisis instrument and to devise support systems to deal with biological natural disasters (like toxic algal blooms), man-made disasters (like the Erika or the Prestige) or extreme weather events (cyclones, floods, etc.);

34.  Calls on the Commission and the Member States to support the experimental farming of native species, technologies for the production of healthy fish and efforts to combat diseases occurring in aquaculture, in the interests of diversifying Community aquaculture production, so that it can offer high-quality and high added-value products, by encouraging research and exchanges of best practices on those species and on the production methods concerned, in order to enable aquaculture products better to compete with other innovative food products;

35.  Stresses the need to take measures to ensure stocks to replenish species that are becoming rarer in rivers, in particular traditionally migratory species with a significant economic impact on local populations (sturgeon, shad, salon, etc.) and certain species at sea, and draws the attention of the Commission and the Member States to the need to guarantee the necessary funding for the implementation of such initiatives;

36.  Calls on the Commission to take into account the trend towards the development of offshore aquaculture facilities as a potential solution to the problem of the availability of space on European coasts, and to take account of the difficult environmental and climate conditions in which this type of aquaculture is carried out;

37.  Calls on the Commission and the Member States to guarantee appropriate vocational training in the field of aquaculture, boost the competitiveness of the sector and encourage the possible retraining of members of the professional fishing industry in alternative methods of managing aquatic environments, thus also helping to create secure jobs for young people in rural and coastal areas and in the outermost regions, and especially in regions that depend to a great extent on fisheries and aquaculture activities;

38.  Calls on the Member States to consider creating specialist organisations for the promotion of aquaculture products; calls also on the Commission to extend the rules on the common market organisations to the sustainable aquaculture sector and to support and provide incentives for promotional campaigns at EU level and on external markets;

Quality and consumer protection policy

39.  Takes the view that sustainable aquaculture development cannot take precedence over a stringent quality policy, environment-friendly production methods respectful of animal welfare – as regards the transport of aquaculture stock, methods of slaughter and the sale of live fish – rigorous health standards and a high level of consumer protection;

40.  Calls on the Commission, therefore, to develop a specific EU quality label for aquaculture products, along with a specific organic aquaculture label, establishing strict rules in accordance with EU principles of high-quality organic production, so as to assure the consumer of the reliability of the system for the production, control and full traceability of aquaculture products; encourages the Commission to consider using already existing labelling structures for high-quality organic aquaculture production;

41.  Takes the view that the responsible production of ingredients to feed fish, including marine ingredients, is a prerequisite for the sustainability of aquaculture;

42.  Calls on the Commission to organise and promote, in close cooperation with the Member States, institutional information campaigns to promote aquaculture products, including organic aquaculture products;

43.  Reiterates the views it has already expressed in its resolution of 4 December 2008(25) on the adoption of a European Cormorant Management Plan, and points out that reducing the prejudice caused by cormorants and other birds of prey to aquaculture firms is a major factor in production costs and thus in their survival and competitiveness; draws attention to the need to assess losses caused by cormorants and other birds of prey in the aquaculture sector and to draw up plans for corrective action in the sector;

44.  Calls on the Commission to take the steps called for in Parliament's resolution of 4 December 2008, particularly with regard to the implementation of a staged cormorant population management plan, coordinated at European level, and scientific data gathering on the size of cormorant populations; calls on the Commission to bring forward proposals for comprehensive legislation in this field;

45.  Calls on the Commission, in close cooperation with the Member States and having taken account of the various geographical and climatological conditions, the production techniques used and the particular nature of the species farmed, to propose specific sustainable criteria in relation to the well-being of farmed fish, such as maximum levels of farming density, the quantity of vegetable and animal proteins that can be used in feedstuffs on the different types of fish farms, and which take into account the specific factors relating to the farming of individual species, the nutritional requirements of the fish species farmed, the phases in their life cycle and the environmental conditions, and to promote transportation and slaughter practices which limit sources of stress and the changing of water in fish ponds in such a way as to guarantee the well-being of the fish being farmed there; understands that the long-term goal must be to substitute animal proteins with vegetable proteins for all species where it is possible, considering their nutritional needs, and that strategic research into replacements for the essential ingredients should be of highest priority, considering that research into the essential nutrients and how to produce them from alternative sources such as microalgae and yeast would reduce the need for fish meal in the longer term;

46.  Calls on the Commission to extend the scope of Council Regulation (EC) No 1/2005 on the protection of animals during transport(26) so as to limit the transport of fish over long distances, thus promoting locally based hatchery operations and encouraging slaughter close to the fish farm;

47.  Calls on the Commission to ensure that the sourcing of raw materials used for fish feed follows an environmentally acceptable practice and does not have negative impacts on the ecosystems from which these ingredients are harvested;

48.  Calls on the Commission to ensure that pre-slaughter procedures classed by the European Food Safety Authority (EFSA) as harmful to the wellbeing of the fish are avoided; methods of slaughter, such as asphyxiation in ice slurry, in which, according to the EFSA, fish retain consciousness for a long time before death, should be prohibited;

49.  Urges the Commission to issue specific technical guidelines on the certification of sustainable fish feed;

External relations

50.  Calls on the Commission and the Member States to strive to ensure that Community legislation is applied rigorously throughout the whole chain of aquaculture products, including feedstuffs and raw materials for feedstuffs, imported from third countries;

51.  Calls on the Commission to investigate at first hand production methods on fish farms outside the European Union and report on any health hazards;

52.  Emphasises the need to ensure that aquatic food products that are manufactured in or imported into the EU comply with high environmental protection and consumer health and safety standards;

53.  Calls on the Commission to strive to ensure that the principle of mutual recognition and free movement of goods is applied to curative and preventive pharmaceuticals used in aquaculture, to promote reciprocal advanced know-how agreements with third countries and to promote the introduction of best practices by other countries and international bodies;

54.  Reiterates the importance of conducting systematic checks at places giving access to the internal market and key import hubs in order to provide consumers with a watertight guarantee that the aquaculture products imported from third countries are systematically subjected to stringent quality control and are therefore fully compliant with EU rules in the field of hygiene and public health;

55.  Calls on the Commission and the Member States to champion those principles both at the WTO and in all the relevant institutional fora;

56.  Calls on the Commission to sponsor, as part of the EU's policy on cooperation with developing countries, support and training measures designed to help promote sustainable aquaculture and steer the awareness of aquaculturists in those countries towards a policy on quality and higher production standards, particularly as regards the environment, hygiene and social standards in the industry;

57.  Calls on the Commission to submit a report on environmental and social standards in the aquaculture industry outside the EU and to explore ways of improving the provision of information to consumers;

58.  Calls on the Commission to launch impact assessment studies concerning the possible effects that Community trade agreements may have on the aquaculture sector;

o
o   o

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

(1) OJ L 204, 6.8.2009, p. 15. (2) OJ L 81, 27.3.2009, p. 15. (3) OJ L 79, 25.3.2009, p. 7. (4) OJ L 328, 24.11.2006, p. 14. (5) OJ L 337, 16.12.2008, p. 94. (6) OJ L 327, 22.12.2000, p. 1. (7) OJ L 27, 31.1.2010, p. 1. (8) OJ L 189, 20.7.2007, p. 1. (9) OJ L 84, 31.3.2010, p. 19. (10) OJ L 337, 16.12.2008, p. 41. (11) Texts adopted, P7_TA(2010)0039. (12) OJ C 21 E, 28.1.2010, p. 11. (13) OJ C 295 E, 4.12.2009, p. 1. (14) OJ C 68 E, 21.3.2009, p. 39. (15) OJ C 323 E, 18.12.2008, p. 271. (16) OJ C 305 E, 14.12.2006, p. 233. (17) OJ C 38 E, 12.2.2004, p. 318. (18) OJ C 84, 3.4.2008, p. 10. (19) OJ C 115, 20.5.2009, p. 15. (20) Texts adopted, P6_TA(2009)0373. (21) Meeting in Puerto Varas (Chile) on 6-10 October 2008, http://www.fao.org/fishery/nems/36393/en (22) FAO Code of Conduct adopted on 31 October 1995. (23) Adopted by the FAO on 31 October 1995. (24) Directive 85/337/EEC (OJ L 175, 5.7.1985, P. 40), as amended by Directive 97/11/EC and 2003/35/EC (the EIA Directive). (25) European Parliament resolution of 4 December 2008 on the adoption of a European Cormorant Management Plan to minimise the increasing impact of cormorants on fish stocks, fishing and aquaculture (Texts adopted, P6_TA(2008)0583). (26) OJ L 3, 5.1.2005, p. 1.

European Parliament resolution of 17 June 2010 on the Democratic Republic of Congo: the case of Floribert Chebeya Bahizire

P7_TA(2010)0244 RC-B7-0376/2010

The European Parliament,

–  having regard to its previous resolutions on the Democratic Republic of Congo (DRC),

–  having regard to the Cotonou Partnership Agreement signed in June 2000,

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

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

–  having regard to the statement by a spokesperson for Vice-President of the Commission/ High Representative of the Union for Foreign Affairs and Security Policy Catherine Ashton on 3 June 2010 on the brutal death of Floribert Chebeya Bahizire,

–  having regard to the 2004 EU guidelines for the protection of human rights defenders and the local strategy for implementation of the guidelines for the DRC, adopted by the Heads of Mission on 20 March 2010,

–  having regard to UN Security Council resolution 1856 (2008) on MONUC's mandate,

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

A.  whereas Floribert Chebeya Bahizire, the executive director of human rights organisation La Voix des Sans Voix (VSV), was found dead in his car in Kinshasa on Wednesday, 2 June 2010 after having been summoned by the police,

B.  whereas, according to media reports, on the afternoon of Tuesday, 1 June 2010, Mr Chebeya Bahizire received a phone call from the central police station requesting him to attend a meeting with DRC chief of police Inspector General John Numbi Banza Tambo; whereas, on arrival at the police station, Mr Chebeya Bahizire could not contact the Inspector General and informed his family, in a text message, that he was returning to the city,

C.  whereas Mr Chebeya Bahizire's work in the defence of democracy and human rights in the DRC since the 1990s – on issues including corruption in the military, links between militias and foreign political forces, upholding of the constitution, illegal arrests, arbitrary detention and the improvement of prison conditions – earned him the respect and admiration of his compatriots and of the international community,

D.  whereas Fidèle Bazana Edadi, Mr Chebeya Bahizire's driver, is still missing,

E.  whereas Mr Chebeya Bahizire's family was not authorised to have full access to his body and there are contradictory statements regarding the condition of the body when it was found,

F.  whereas the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston, said the circumstances of the killing ‘strongly suggest official responsibility’,

G.  whereas Inspector General Numbi Banza Tambo was suspended until further notice and three other police officers were also arrested in connection with the killing; whereas deputy police chief Colonel Daniel Mukalayi has reportedly confessed to killing Mr Chebeya Bahizire on the order of his superior, General Numbi Banza Tambo,

H.  whereas Mr Chebeya Bahizire had told Amnesty International on several occasions that he felt he had been followed and that he was under surveillance by the security services,

I.  whereas Vice-President of the Commission/ High Representative of the Union for Foreign Affairs and Security Policy Catherine Ashton, UN Secretary-General Ban Ki-moon, UN High Commissioner for Human Rights Navi Pillay, UN Special Rapporteur on extrajudicial, summary or arbitrary executions Philip Alston and Alan Dos, Head of the UN Peacekeeping Force in the DRC, have all issued statements condemning the murder of Mr Chebeya Bahizire and have called for an independent investigation,

J.  whereas the killing is part of a growing trend of intimidation and harassment of human rights defenders, journalists, political opponents, victims and witnesses in the DRC; whereas numerous journalists and human rights activists have been killed in suspicious circumstances in the DRC in the past five years,

K.  whereas many NGOs had observed increased oppression of human rights defenders in the DRC in the past year, including illegal arrests, prosecutions, telephone threats and repeated summoning to the offices of the intelligence services,

L.  whereas inquiries into the killings of human rights defender Pascal Kabungulu Kibembi in 2005 and of journalists, including Franck Ngycke Kangundu and his wife, Hélène Mpaka, in November 2005, Serge Maheshe in June 2007, and Didace Namujimbo in November 2008, were led by the Congolese military authorities and were characterised by serious irregularities,

M.  whereas, in regard to the April 2008 International Criminal Court (ICC) arrest warrant against Bosco Ntaganda for war crimes including enlisting child soldiers, the DRC, as a party to the Rome Statute, is in breach of its legal obligations to cooperate with the ICC, inter alia by apprehending persons under arrest warrant; whereas, instead, the DRC has promoted Bosco Ntaganda to a top position in the Congolese army, thus heightening the impression that there is impunity for human rights violations and thereby contributing to the increasing incidence of such crimes,

N.  whereas a state of civil war has prevailed for years in certain parts of the DRC, resulting in massacres, mass rape and the widespread enlisting of child soldiers,

O.  whereas the massacres, particularly those perpetrated by the Lord's Resistance Army (LRA), a paramilitary group which originated in Uganda, currently affect all the countries bordering on the DRC,

P.  whereas NGO staff are also affected by these forms of persecution of civilian populations and this has resulted in a contraction of humanitarian aid in the DRC,

Q.  whereas the 50th anniversary of the DRC's independence is to be celebrated shortly and whereas human rights and democracy are crucial to the development of the country,

1.  Forcefully condemns the killing of Floribert Chebeya Bahizire and the fact that Fidèle Bazana Edadi, Mr Chebeya Bahizire's driver, is missing; expresses its fullest support for their families;

2.  Calls for an independent, credible, thorough and transparent commission of inquiry to be set up to investigate the death of Mr Chebeya Bahizire and the whereabouts of Mr Bazana Edadi, and for steps to be taken to ensure that the families of both men are protected;

3.  Demands that those responsible be identified, brought before the courts and punished in accordance with Congolese law and international provisions for the protection of human rights;

4.  Welcomes the fact that the authorities responded to a request by Mr Chebeya Bahizire's family for an independent autopsy by inviting an expert Dutch forensics team, led by Dr Franklin Van de Groot, to determine the cause of death;

5.  Expresses its deep concern regarding the general degradation of the situation of human rights defenders in the DRC; calls on the DRC authorities to comply fully with the Declaration on Human Rights Defenders adopted by the UN General Assembly in 1998 and to implement the UN's 2009 Universal Periodic Review recommendations as measures to protect the rights of human rights defenders; stresses that punishing those responsible for the assassinations of human rights defenders and journalists in recent years is an essential element in the democratisation of the country;

6.  Condemns the ongoing oppression of human rights activists, journalists, political opponents, victims and witnesses in the DRC; calls on the Member States to ensure that they are protected and to provide logistical and technical support to that end in accordance with the guidelines for the protection of human rights defenders;

7.  Condemns the atrocities committed by the LRA and other armed groups in the DRC;

8.  Stresses the need to tackle corruption and bring to justice the perpetrators of human rights abuses within the Congolese armed and police forces, and underlines MONUC's crucial role in doing this through joint planning and implementation of operations and proper accountability mechanisms for abuses; in particular, urges the DRC to fulfil its international legal obligations and to arrest Bosco Ntaganda and transfer him to the ICC;

9.  Calls on all parties to step up the fight against impunity and to uphold the rule of law; calls on the Government of the DRC to ensure that those responsible for breaching human rights and international humanitarian law are held to account and that it cooperates fully with the ICC;

10.  Underlines the fact that the EU and the DRC are signatories to the Cotonou Agreement, which includes explicit reference to the responsibilities of all the parties with regard to human rights, democracy and the rule of law; calls for particular attention to be paid to these matters in the context of evaluation of the Agreement;

11.  Calls on the Government of the DRC, on the occasion of the 50th anniversary of the country's independence, resolutely to commit itself to promoting political practice that upholds human rights and strengthens the rule of law;

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

European Parliament resolution of 17 June 2010 on Nepal

P7_TA(2010)0245 RC-B7-0383/2010

The European Parliament,

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

–  having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966,

–  having regard to the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials of 1990,

–  having regard to the statement of 29 May 2010 by UN Secretary-General Ban Ki-moon on the political situation in Nepal,

–  having regard to the statement by the spokesperson of High Representative Catherine Ashton of 30 April 2010 on the political situation in Nepal,

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

A.  whereas on 21 November 2006 a Comprehensive Peace Agreement (CPA) between the Seven Party Alliance and the Maoists (UCPN), who controlled large parts of the country, terminated a 10-year armed conflict with some 13 000 deaths,

B.  whereas this historic agreement showed what can be achieved when political forces negotiate in good faith, paving the way for elections to a Constituent Assembly (CA), the creation of an interim government including the Maoists, the disarmament of the Maoist fighters and their housing in camps, as well as the confinement of the Nepalese army to barracks,

C.  whereas many of the terms of the peace agreement of 2006 concluded after a decade-long armed conflict between Maoists and the government remain unfulfilled,

D.  whereas after the elections to the CA on 10 April 2008, assessed by the EU EOM as meeting many, if not all, international standards, in which the UCPN (M) gained close to 40% of the votes, the CA decided to abolish the 240-year-old monarchy and to transform Nepal into a Federal Democratic Republic,

E.  whereas Nepal has become less peaceful in recent years, especially in 2009 and 2010, according to the Global Peace Index (GPI),

F.  whereas in May 2009 Prime Minister Pushpa Kamal Dahal (Prachanda) resigned and his party, the UCPN (M), withdrew from government over a dispute with the President (Nepali Congress) concerning the dismissal of the army chief, who had been at odds with the Maoists regarding the reintegration of the former fighters of the People's Liberation Army (PLA) into the Nepali army,

G.  whereas in the resulting political instability, increased by Maoist civil and parliamentary disruption campaigns, a fragile 22-party anti-Maoist alliance under Prime Minister Madhav Kumar Nepal (CPN-UML) has been unable to deliver the two key expectations: a broadly acceptable new constitution for the federal republic before the two-year deadline of 28 May 2010 and an agreement on the reintegration/rehabilitation of the approximately 20 000 former PLA combatants,

H.  whereas formal talks between party leaders of the party alliance and CPN-UML on forming a new government have resumed after a last-minute three-point agreement was reached, providing for the extension of the CA by one year, the formation of a national consensus government and the resignation of Prime Minister Madhav Kumar Nepal ‘as soon as possible’, together with ‘progress on the peace agreement’,

I.  whereas the Shaktikhor video, which appeared to substantiate charges of deception over combatant numbers and plans to use ‘democratisation’ to politicise the national army, raises legitimate questions which the UCPN (M) has not yet clarified,

J.  whereas the ongoing political instability is having a crucial impact on the social, economic and touristic development of Nepal, which, being located in the middle between India and China, the world's fastest growing major economies, needs political stability in order to capitalise on its strategic location,

K.  whereas Nepal continues to suffer from serious economic and social underdevelopment; whereas close to 30% of the population fall below the absolute poverty line, 16% of the population are severely malnourished, the illiteracy rate remains one of the highest in South Asia and development is crippled by nationwide shortages of basic fuels, causing power cuts, restrictions to transport and increases in food prices,

L.  whereas the situation of many refugees in Nepal, in particular the Tibetans, gives cause for concern,

M.  whereas the Nepalese authorities are to be commended for having honoured the ‘Gentlemen's Agreement’ on the Tibetan refugees,

N.  whereas no member of the state security forces or the former Maoist combatants has so far been held criminally responsible for the grave and systematic abuses of the laws of war committed during the conflict,

O.  whereas the European Parliament's Delegation for relations with South Asia undertook a mission to Kathmandu in the crucial period of 23-29 May 2010,

1.  Expresses deep concern about the non-existence of a permanent constitution based on democratic values and human rights and expresses its solidarity with the Nepali people and all families who have lost relatives through the violence of recent years;

2.  Welcomes the last-minute decision on 28 May 2010 by the political parties to take the necessary steps to extend the tenure of the CA, and commends notably the important influence of the Women's Caucus;

3.  Urges the CA and all the political actors involved to negotiate without preconditions, to show flexibility, to avoid any provocative actions and to work together for national unity in order to find a clear structure for the new constitution, to establish a functioning federal democracy and to respect the new deadline which was extended by one year on 28 May 2010;

4.  Calls on all parties to facilitate and promote the work of the Constitutional Committees (CC) on the future roadmap since the extension of the CA's term;

5.  Stresses the need for a clear and public communication of all the agreed items and thus welcomes the white paper promised to explain to the population the progress achieved so far in drafting the constitution of the federal republic; commends the three thematic committees, which, out of eleven, have completed their work;

6.  Welcomes the decision of the Nepali Congress (NC) of 31 May 2010 to commit to a national unity government open to all political parties, including the main opposition party UCPN (M);

7.  Calls on the UCPN (M) to engage in constructive planning and to find a way to integrate former Maoist combatants into society, including the groups residing in the UNMIN-monitored camps;

8.  Calls on the EU and the Member States to support all efforts of the Nepalese Government and the parties to find a solution to the integration of former Maoist combatants into the National Army or other security forces and viable alternative solutions for those who cannot be integrated into these organisations;

9.  Calls on the political parties, and notably on the UCPN-M, to rein in their militant youth wings and to stop recruiting children; calls on the UCPN-M to ensure unhindered access to the rehabilitation packages for minors discharged recently from their camps;

10.  Calls directly on the UN, ideally in cooperation with the government, to establish procedures to vet potential members of the security forces to exclude those clearly guilty of human rights violations from any UN peacekeeping positions; reminds the Nepali army that, sadly, its known professionalism and reputation are already at stake and will very clearly remain so as long as long-standing and well-documented impunity issues within its ranks continue not to be addressed objectively, i.e. by the judiciary;

11.  Expresses its concern about reports of new recruitments to the national army; recalls that the Supreme Court has ruled them compatible with the CPA insofar as they involve only technical personnel; notes nonetheless that such a recruitment drive may exacerbate the difficulties faced in the transition process;

12.  Remains deeply convinced that, two years after the abolition of the monarchy, the army should be brought under full democratic oversight, including budgetary aspects; affirms its solidarity with the CA in any steps it could take in this respect;

13.  Reiterates to the EU Member States that lethal weapons exports to Nepal remain prohibited under the CPA and calls on them to lend financial and technical support to creative solutions for the restructuring of the Nepalese army;

14.  Expresses its full support for the crucial role that UNMIN plays, and believes that its mandate should be extended at least until the peace process has entered a consolidated phase;

15.  Expresses its concern about the reports of the increasing incidence of torture and violent aggression; applauds in this context the work of the National Human Rights Commission of Nepal;

16.  Expresses its concern that the Government of Nepal extended the mandate of the UNOHCR by one year with only a revised mandate, gradually shutting down the body's regional operations, which runs counter to hopes that its human rights monitoring function could be stepped up;

17.  Calls for the establishment of the Commission on Disappearances, the Truth and Reconciliation Commission and the Commission on National Peace and Rehabilitation as specified in the CPA;

18.  Deplores strongly the fact that, so far, there has not been a single prosecution in the civilian courts for any of the serious crimes committed during the conflict by both sides;

19.  Urges the parties and the government to end political interference in criminal proceedings, to create a politically independent judiciary within the constitutional process and in the same connection to plan ratification of the Statute of the International Criminal Court;

20.  Hails the announcement in 2009 by Nepal that it would support the draft United Nations principles and guidelines to eliminate caste discrimination but expresses its concern over the continuing practice of bonded labour, notably in Kamaiya, Haruwa and Charuwa, as well as the worrying situation of the millions of landless people, which is in danger of deteriorating further under the impact of climate change, and calls on the government and the parties to encourage the functioning of the Land Reform Commission;

21.  Calls on the Nepal Government to address the problem of the 800 000 stateless Nepalese by simplifying bureaucratic procedures and reducing the costs of applying for citizenship certificates; considers it vital that they are also taken into account during the peace process negotiations;

22.  Urges the Nepal Government to ensure standards of protection for all refugees and to continue with efforts to prevent and reduce statelessness, in particular of Bhutanese people, in accordance with international standards, to sign the 1951 Refugee Convention or its 1967 Protocol and to follow the standards set out by the UNHCR;

23.  Considers that the continuation of the full implementation of the Gentlemen's Agreement on the Tibetan refugees by the Nepalese authorities is essential for maintaining contact between the UNHCR and Tibetan communities; welcomes in this regard the possibilities to afford access to the territory in the framework of the ‘Gentlemen's Agreement’ with the UNHCR and provide for more durable solutions;

24.  Calls on the High Representative of the EU through its delegation in Kathmandu to closely monitor the political situation in Nepal and to use her influence to appeal to the neighbouring powers in the region, in particular China and India, to support the negotiations to create a government of national unity;

25.  Instructs its President to forward this resolution to the Council, the Commission, the Member States, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Government of Nepal, the Governments and Parliaments of India and the People's Republic of China, and the Secretary-General of the United Nations.

European Parliament resolution of 17 June 2010 on executions in Libya

P7_TA(2010)0246 RC-B7-0391/2010

The European Parliament,

–  having regard to its previous resolutions on the abolition of the death penalty and its previous resolutions on annual reports on human rights in the world, notably that of 2008, and the need for an immediate moratorium on executions in those countries where the death penalty is still applied,

–  having regard to United Nations General Assembly Resolutions 62/149 of 18 December 2007 and 63/168 of 18 December 2008 calling for a moratorium on the use of the death penalty (on the report of the Third Committee (A/62/439/Add.2)),

–  having regard to the EU guidelines on the death penalty of 16 June 1998, and the revised and updated version of 2008,

–  having regard to the final declaration adopted by the 4th World Congress against the Death Penalty, held in Geneva from 24 to 26 February 2010, which calls for universal abolition of the death penalty,

–  having regard to international conventions on the protection of human rights and fundamental freedoms,

–  having regard to the EU migration and asylum policy and the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the Status of Refugees,

–  having regard to the informal dialogue taking place between the EU and Libya with a view to strengthening relations and to the current EU-Libya cooperation on migrations (two projects implemented under the Aeneas programme and Migrations and Asylum instrument) and HIV-AIDS (Action Plan for Benghazi),

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

A.  whereas the abolition of the death penalty is part and parcel of the fundamental values of the European Union; whereas the European Parliament is strongly committed to the abolition of the death penalty and is striving to achieve universal acceptance of this principle,

B.  whereas the Libyan Government has resisted moves towards the abolition of the death penalty; in December 2007 and 2008, Libya was among the minority of states that voted against successful UN General Assembly resolutions calling for a worldwide moratorium on executions,

C.  whereas Libya was recently elected to the UN Human Rights Council, which implies increased responsibility in the area of human rights,

D.  whereas Cerene, a newspaper closely associated with Saif al-Islam al-Gaddafi, son of Libyan leader Muammar al-Gaddafi, reported that 18 people, including nationals of Chad, Egypt and Nigeria, were executed in Tripoli and Benghazi on 30 May after being convicted of premeditated murder; whereas their identities have not been made public by the Libyan authorities,

E.  whereas there is a fear that death sentences are handed down at the end of proceedings which fail to comply with international standards for fair trials,

F.  whereas the International Covenant on Civil and Political Rights, to which Libya is a party, and in particular Article 6.2 thereof, requires State Parties that have not abolished the death penalty to apply it ‘only for the most serious crimes’,

G.  whereas the Libyan courts continue to impose the death sentence, mostly for murder and drug-related offences, although it may also be imposed for a wide range of other offences, including the peaceful exercise of the right to freedom of expression and association,

H.  whereas there are no official statistics available on the number of people sentenced to death and executed annually in Libya; whereas, according to various sources, more than 200 people, including foreign nationals, are currently on death row in Libya,

I.  whereas foreign nationals are not often provided with access to their own consular representatives and with interpretation or translation assistance during legal proceedings,

J.  whereas Article 19(2) of the Charter of Fundamental Rights of the European Union bans any removal, expulsion or extradition to a State where there is a serious risk that the person concerned would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment,

K.  whereas, since the lifting of international sanctions on Libya in 2003, the European Union has developed a policy of gradual engagement with Libya, and at the end of 2007 started the process of negotiating a framework agreement,

L.  whereas the EU has been holding an informal dialogue and a series of consultations with Libya with a view to signing a framework agreement, including on migration issues; whereas the ongoing negotiations have been marked to date by at least seven rounds of negotiations between the two parties which did not result in any substantial progress or clear commitments from Libya to respect for international human rights conventions,

M.  whereas the main obstacle in the relations between the EU and Libya is the lack of progress in the dialogue on human rights, fundamental freedoms and democracy, notably the lack of ratification of the Geneva Convention, as well as the Libyan regime's aggressive external policy, not least towards European states; whereas Libya has no national asylum system covering screening and registration of refugees, granting them asylum status, visits to detention facilities and provision of medical and humanitarian assistance, work that has been done by UNCHR,

N.  whereas according to UNHCR 9 000 refugees – mainly Palestinians, Iraqis, Sudanese and Somalis – have been registered in Libya, of whom 3 700 are asylum seekers, mainly from Eritrea; whereas refugees constantly risk being deported to their states of origin and transit without the Geneva Convention criteria being respected, putting them at risk of persecution and death; whereas cases of mistreatment, torture and killing have been reported in detention centres for refugees, as well as the abandonment of refugees on the deserted borders between Libya and other African countries,

O.  whereas on 8 June 2010 the Libyan authorities ordered the closure of the 26-strong UNHCR office, which has been present in Tripoli since 1991, because its representatives had allegedly ‘committed illegal activities’,

P.  whereas Libya, like countries that have signed association agreements, has been allocated a National Indicative Programme of EUR 60 million for the period 2011-2013 to enable it to offer further healthcare aid and combat illegal immigration,

1.  Reiterates its longstanding opposition to the death penalty in all cases and under all circumstances; recalls the EU's strong commitment to working towards abolition of the death penalty everywhere, and emphasises once again that abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights;

2.  Strongly condemns the execution of the 18 people on 30 May 2010 and expresses its condolences and its solidarity with the families of the deceased;

3.  Asks Libya to disclose the names of the 18 people executed, including those of the foreign nationals;

4.  Calls on the Libyan authorities to ensure that those detained in connection with the above events are guaranteed humane treatment while in custody and fair trials in accordance with international law, including access to a lawyer of their choosing, and the respect for the principle of presumption of innocence;

5.  Urges the Libyan authorities to make progress towards a moratorium on executions;

6.  Expresses deep concern at the closure of the UNHCR office in Libya;

7.  Urges the Libyan authorities to ratify the Geneva Convention on Refugees without delay and to allow and facilitate the running of UNHCR's activities in Libya, including the establishment of a national asylum system;

8.  Calls on Member States that deport migrants to Libya, in cooperation with Frontex (the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union), to stop doing so immediately where there is a serious risk that the person concerned would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment;

9.  Calls on the Commission and the Council to take action under the terms of Articles 265 and Article 218(10) TFEU, which provide that the EP shall be ‘immediately and fully informed at all stages of the procedure’ on the negotiations with Libya; reiterates its call to be fully informed regarding the negotiation mandate of the Commission in this regard;

10.  Affirms that any cooperation or agreement between the EU and Libya must be conditional on the ratification and implementation by Libya of the Geneva Convention on Refugees and of other major human right conventions and protocols;

11.  Welcomes the fact that a reform of the penal code is being undertaken by a committee chaired by former Supreme Court President Dr Abdulraham Abu Tuta, and hopes that it will soon be able to present a report; calls on the Libyan authorities to launch a free and democratic national debate on the death penalty with a view to joining the worldwide shift in favour of its abolition;

12.  Welcomes the release of Swiss citizen Max Goeldi;

13.  Instructs its President to forward this resolution to the Council, the Commission, the Member States, UNHCR, UNGA, the United Nations High Commission for Refugees and the Libyan authorities.