European Parliament legislative resolution of 19 January 2011 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the application of patients' rights in cross-border healthcare (11038/2/2010 – C7-0266/2010 – 2008/0142(COD))

P7_TA(2011)0007 A7-0307/2010

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (11038/2/2010 – C7-0266/2010),

–  having regard to the Commission proposal to Parliament and the Council (COM(2008)0414),

–  having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0257/2008),

–  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(7) and Article 114 of the Treaty on the Functioning of the European Union,

–  having regard to its position at first reading(1),

–  having regard to the opinion of the European Economic and Social Committee of 4 December 2008(2),

–  having regard to the opinion of the Committee of the Region of 12 February 2009(3),

–  having regard to the undertaking given by the Council representative by letter of 21 December 2010 to approve Parliament's position at second reading, in accordance with Article 294(8)(a) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 66 of its Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A7-0307/2010),

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

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

Position of the European Parliament adopted at second reading on 19 January 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the application of patients' rights in cross-border healthcare

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2011/24/EU).

(1) OJ C 184 E, 8.7.2010, p. 368. (2) OJ C 175, 28.7.2009, p. 116. (3) OJ C 120, 28.5.2009, p. 65.

European Parliament resolution of 19 January 2011 on FLEGT Voluntary Partnership Agreements

P7_TA(2011)0008 B7-0028/2011

The European Parliament,

–  having regard to the draft Council decision (10028/2010) (Republic of the Congo) and to the proposal for a Council decision (12796/2010) (Cameroon),

–  having regard to the draft Voluntary Partnership Agreement between the European Union and the Republic of the Congo on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (07636/2010),

–  having regard to the draft Voluntary Partnership Agreement between the European Union and the Republic of Cameroon on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (13187/2010),

–  having regard to the request for consent submitted by the Council in accordance with Article 207(3), first subparagraph, Article 207(4), first subparagraph, Article 218(6), second subparagraph (a)(v) and Article 218(7) of the Treaty on the Functioning of the European Union (C7-0170/2010 and C7-0339/2010),

–  having regard to the United Nations Declaration on the Rights of Indigenous Peoples (adopted by General Assembly Resolution 61/295 on 13 September 2007),

–  having regard to Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market(1),

–  having regard to the Cancún Agreement,

–  having regard to its positions of 19 January 2011 on the draft Council decisions on the conclusion of Voluntary Partnership Agreements on FLEGT with the Republic of Congo(2) and the Republic of Cameroon(3),

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

1.  Welcomes the Voluntary Partnership Agreements (VPAs) with the Republic of Cameroon and the Republic of Congo; believes that guidelines for good practice could be drawn from the negotiation of these VPAs to set a precedent for other ongoing VPA negotiations with timber producing countries;

2.  Underlines the shared responsibility of both the EU and countries supplying tropical wood products to the EU market for eradicating illegal logging, and for related trade and strengthening efforts for the conservation and sustainable use of forest resources globally;

3.  Welcomes in this regard the commitments of the parties involved to improve forest governance and reform existing legislation where necessary so as to ensure that activities in the forestry sector are transparent, respectful of indigenous peoples' rights, and do not contribute to adverse environmental impacts; also welcomes the commitment of the EU to provide support for capacity building, including in particular the setting-up in timber producing countries of traceability and legality verification systems for timber and timber products;

Forest biodiversity, climate and sustainable human development

4.  Recalls that VPAs are motivated by the idea of jointly stopping the trade in illegally harvested timber and products made from such timber and contributing to efforts to stop deforestation and forest degradation, related carbon emissions and biodiversity loss globally while promoting sustainable economic growth, sustainable human development, sustainable food sources and respect for indigenous and local peoples;

5.  Recalls that the expansion of large-scale exploitation of tropical forests and other forests with high biodiversity and carbon stock values is unsustainable and may result in further deforestation and forest degradation, contributing to the destruction of the global environment; notes the inherent tension within VPAs, in that, while encouraging the trade in timber products from countries with large areas of natural forests, the EU could undermine its objectives of combating climate change, support for the conservation and sustainable use of biodiversity, reduction of poverty and stopping deforestation worldwide; therefore calls on the Commission to ensure that the EU policy is coherent and that actions supported by the VPAs will make an effective contribution to the international commitments of all parties to a VPA; urges the Commission and the Council to detail which additional initiatives to the VPAs are foreseen in order to combat deforestation and degradation of natural forests and to promote their protection;

6.  Recalls that whilst the forests are the sovereign possessions of the state where they are located, the forest environment is a common heritage of humankind and must be protected, preserved and, where practicable, restored with the ultimate aim of maintaining global biodiversity and ecosystem functions, protecting the climate system, and safeguarding the rights of indigenous peoples and forest-dependent communities; therefore invites partner governments in Africa and third countries to develop land-use and resource management plans that will achieve these objectives, and to identify where and how much support would be needed from foreign partners and international organisations to move those objectives forward;

7.  Calls on the Commission, against this background, to pay the utmost attention to ensuring that VPAs do not encourage the expansion of industrial logging activities into intact forest landscapes, and to work with the governments of the Republic of Cameroon and the Republic of the Congo and all governments signing up to VPAs in the future to monitor and take steps to eliminate the negative effects, both direct and indirect, of commercial logging on wildlife;

Process of negotiation

8.  Welcomes the voluntary, transparent, participatory and consensus-oriented approach through which the agreements were reached; recommends that this approach should become the norm for the negotiation of VPAs with other timber producing partner countries;

9.  Underlines the essential role of independent national civil society organisations and of independent external observers in monitoring proper implementation of agreements by all parties involved, including via a commitment to national stakeholder involvement in the joint committees to be set up to oversee the implementation process; stresses that local civil society organisations need to be empowered to carry out independent monitoring of law enforcement as well as the implementation of governance reforms in the forestry sector;

10.  Asks the Commission to establish a mechanism to ensure that the VPAs are enforced effectively and in a timely manner through the different stages of the implementation phase, guaranteeing in particular the reinforcement of the capacities of local stakeholders and the direct involvement of local communities and indigenous populations during the implementation phase, in order to ensure wider acceptance of the reforms that will be implemented upstream of the VPAs as well as full verification of imports into the EU;

FLEGT licenses and legal frameworks

11.  Recalls that a review of the legislative and regulatory framework governing the forestry sector is necessary in order to have a VPA which conforms with the objectives of the FLEGT action plan and to ensure that implementation of the VPA contributes to the environmental and social conventions and international agreements to which parties to a VPA are held;

12.  Recalls that the VPAs also aim at improving social justice and respecting the rights of local and indigenous communities, thus including the principles of transparency and participation on an equal footing;

13.  Recalls that these legislative improvements have to be completed before the FLEGT licences are issued;

Implementation and rights of local population

14.  Asks the Commission to present, within six months of the entry into force of any VPA, a report on the measures undertaken to ensure that the dialogue between the stakeholders and civil society, including the local and indigenous population, continues and is maintained during the implementation phase; takes the view that this report should include an assessment of the implications and real contributions of the content of the VPA in terms of the EU's international commitments and those of the signatory country regarding the environment and sustainable development, including the conservation and sustainable management of biodiversity resources;

15.  Asks both parties to a VPA to ensure that civil society, local populations and indigenous peoples are able to contribute freely and confidently to the implementation and enforcement of the VPAs; is of the opinion that the Joint Agreement Implementation Committee should provide civil society, local populations and indigenous peoples' organisations with a right of complaint and then a right of appeal if unsuccessful;

16.  Requests the Commission to ensure it has a good understanding of the current human rights situation in any potential VPA partner country and recommends that the Commission not engage with any country where there is no legal framework in place to protect basic human and social rights; reaffirms the need to have an open dialogue, freedom of speech – including freedom of religious belief – and freedom of the press in any country concerned by a VPAs, so that any potential complaints are heard;

17.  Asks the Commission to produce and present to the Parliament, on a regular basis, a progress report on the implementation of the various provisions of all current and future VPAs;

18.  Expects more VPAs to be signed in the coming years needing specific and additional funding for the development of technical and human resources; asks the Commission and the EU Member States to specify which funds will be used to support the negotiation and implementation of these agreements;

Role of the European Parliament

19.  Calls on the Commission to report to Parliament on progress in negotiating and implementing current and future VPAs and to keep Parliament informed in good time about the work of the Joint Agreement Implementation Committee, the mission and audit reports of the agreement's independent auditor, the reports assessing the implementation of the agreement – including the studies of its social, economic and environmental impact – and listings of names of companies to whom concessions are granted;

o
o   o

20.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and any government concerned by a VPA.

(1) OJ L 295, 12.11.2010, p. 23. (2) Texts Adopted, P7_TA(2011)0010. (3) Texts Adopted, P7_TA(2011)0009.

European Parliament legislative resolution of 19 January 2011 on the draft Council decision on the conclusion of a Voluntary Partnership Agreement between the European Union and the Republic of Cameroon on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (12796/2010 – C7-0339/2010 – 2010/0217(NLE))

P7_TA(2011)0009 A7-0371/2010

(Consent)

The European Parliament,

–  having regard to the draft Council decision (12796/2010),

–  having regard to the draft Voluntary Partnership Agreement between the European Union and the Republic of Cameroon on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (13187/2010),

–  having regard to the request for consent submitted by the Council in accordance with the first subparagraph of Article 207(3) and the first subparagraph of Article 207(4), Article 218(6), second subparagraph, point (a), point (v) and Article 218(7) of the Treaty on the Functioning of the European Union (C7-0339/2010),

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

–  having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Development (A7-0371/2010),

1.  Consents to conclusion of the agreement;

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

European Parliament legislative resolution of 19 January 2011 on the draft Council decision on the conclusion of a Voluntary Partnership Agreement between the European Union and the Republic of the Congo on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (10028/2010 – C7-0170/2010 – 2010/0062(NLE))

P7_TA(2011)0010 A7-0370/2010

(Consent)

The European Parliament,

–  having regard to the draft Council decision (10028/2010),

–  having regard to the draft Voluntary Partnership Agreement between the European Union and the Republic of the Congo on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (07636/2010),

–  having regard to the request for consent submitted by the Council in accordance with the first subparagraph of Article 207(3) and the first subparagraph of Article 207(4), Article 218(6), second subparagraph, point (a), point (v) and Article 218(7) of the Treaty on the Functioning of the European Union (C7-0170/2010),

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

–  having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Development (A7-0370/2010),

1.  Consents to conclusion of the agreement;

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

European Parliament resolution of 19 January 2011 on the Interim Partnership Agreement between the EC and the Pacific States

P7_TA(2011)0011 B7-0022/2011

The European Parliament,

–  having regard to its resolutions of 25 September 2003 on the Fifth Ministerial Conference of the World Trade Organisation in Cancun(1), of 12 May 2005 on the assessment of the Doha Round following the WTO General Council Decision of 1 August 2004(2), of 1 December 2005 on preparations for the sixth Ministerial Conference of the World Trade Organisation in Hong Kong(3), of 23 March 2006 on the development impact of Economic Partnership Agreements (EPAs)(4), of 4 April 2006 on the assessment of the Doha Round following the WTO Ministerial Conference in Hong Kong(5), of 1 June 2006 ‘on trade and poverty: designing trade policies to maximise trade's contribution to poverty relief’(6), of 7 September 2006 on the suspension of negotiations on the Doha Development Agenda(7), of 23 May 2007 on Economic Partnership Agreements(8), of 12 December 2007 on Economic Partnership Agreements(9), its position of 5 June 2008 on the proposal for a Council regulation applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 964/2007 and (EC) No 1100/2006(10) and its resolution of 25 March 2009 on the Interim Partnership Agreement between the Pacific States, on the one part, and the European Community, on the other part(11),

–  having regard to the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part,

–  having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States (ACP), of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (the Cotonou Agreement),

–  having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements(12),

–  having regard to the Commission communication of 23 October 2007 on Economic Partnership Agreements (COM(2007)0635),

–  having regard to the General Agreement on Tariffs and Trade (GATT), in particular Article XXIV thereof,

–  having regard to the Ministerial Declaration of the Fourth Session of the WTO Ministerial Conference, adopted in Doha on 14 November 2001,

–  having regard to the Ministerial Declaration of the Sixth Session of the WTO Ministerial Conference, adopted in Hong Kong on 18 December 2005,

–  having regard to the report and recommendations of the Task Force on Aid for Trade, adopted by the WTO General Council on 10 October 2006,

–  having regard to the United Nations Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals (MDGs) as criteria collectively established by the international community for the elimination of poverty,

–  having regard to the Kigali Declaration adopted by the ACP-EU Joint Parliamentary Assembly in Kigali, Rwanda, on 22 November 2007,

–  having regard to its resolution of 14 December 2006 on the situation in Fiji(13), in which it strongly condemned the take-over of power by the Fijian military forces,

–  having regard to a catalogue of 103 recommendations from the United Nations Human Rights Council, issued in the report of 23 March 2010 of the Working Group on the Universal Periodic Review, and having regard to the official response of the Government of Fiji of 10 June 2010 stating that the long-demanded and often-postponed general elections had now been scheduled for 2014 and that this date would not be negotiable,

–  having regard to the question of 16 December 2010 to the Commission on the conclusion of the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (O-0212/2010 – B7-0807/2010),

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

A.  whereas the EU's previous trade relationship with the ACP countries – which gave the latter preferential access to EU markets on a non-reciprocal basis – ceased to comply with WTO rules as of 1 January 2008,

B.  whereas EPAs are WTO-compatible agreements aimed at supporting regional integration and promoting the gradual integration of the ACP economies into the world economy, thereby fostering the sustainable social and economic development of those countries and contributing to the overall effort to eradicate poverty there,

C.  whereas EPAs should be used to build a long-term relationship in which trade supports development,

D.  whereas the Sugar Protocol under the successive Lomé Conventions and the Cotonou Agreement provided a predictable income for small Pacific islands, which have limited potential for diversification in the agriculture sector,

E.  whereas interim EPAs (IEPAs) are agreements on trade in goods aimed at preventing the disruption of ACP trade with the EU,

F.  whereas the current financial and economic crisis means that trade policy is more important than ever to the developing world,

G.  whereas, of the ACP Pacific states, to date only Papua New Guinea and the Republic of Fiji Islands have signed an IEPA (at the end of 2009); whereas the other ACP Pacific states are all covered either by the Everything But Arms initiative, which offers duty-free, quota-free access to the EU market, or by the EU's regular Generalised System of Preferences,

H.  whereas, in the case of Papua New Guinea, the agreement has provisionally applied since 20 December 2009; whereas, in the case of the Republic of the Fiji Islands, its application is pending notification by the Republic of the Fiji Islands of either provisional application or ratification,

I.  whereas negotiations with all 14 ACP Pacific states on a comprehensive EPA are ongoing,

J.  whereas the IEPA incorporates all the major provisions of a trade in goods agreement,

K.  whereas the impact on the countries concerned and on the Pacific region of the commitments included in the agreement could be very substantial,

L.  whereas the IEPA will have an influence on the scope and content of future agreements concluded between Papua New Guinea and the Republic of the Fiji Islands and other trading partners, and on the region's stance in the EPA negotiations,

M.  whereas there is limited competition between the EU and the Pacific states, since the vast majority of EU exports consist mainly of goods that the Pacific states do not produce but often need, either for direct consumption or as inputs for domestic industry,

N.  whereas fisheries and fisheries-related activities and industries show significant potential for future export increase, provided fisheries are conducted in an environmentally sustainable manner,

O.  whereas new trade rules must be devised with the aim of supporting the development of domestic industries and sheltering them from resource depletion and climate change, and whereas these rules must be accompanied by increased support for trade-related assistance,

P.  whereas the objective of Aid for Trade is to strengthen developing countries' capacity to take advantage of new trade opportunities,

Q.  whereas the EU and the ACP countries have negotiated new, improved and more flexible rules of origin which will bring considerable benefits if implemented appropriately, in full accordance with the purpose of the agreement and with due regard for the reduced capacity levels of those countries,

R.  whereas the derogation from the rules of origin in the interim EPA covers the entire production chain, from extraction of raw materials to processing, marketing and export,

S.  whereas the high demand for tuna products means the latter have specific characteristics – such as responding rapidly to price variations – which have led them to be classified on the international market as ‘sensitive products’, something that needs to be taken into account in all trade negotiations,

T.  whereas the Western and Central Pacific Fisheries Commission (WCPFC), the international organisation responsible for making sure that fish stocks in the area are sustainable, has reported that third countries – in particular China – which have been investing in large-scale industrial projects in Papua New Guinea since the establishment of the new rules of origin have massively increased their fishing capacity in the area, and that this is set to continue, increasing the risk of over-exploitation of fish stocks,

1.  Believes that trade relations between this region and the EU should promote and increase trade, sustainable development and regional integration, while promoting economic diversification and poverty reduction; points out that the IEPA must contribute to the achievement of the MDGs;

2.  Stresses that the positive outcome of the IEPA negotiations with Papua New Guinea and Fiji shows that the EU has a strong interest in continuing to maintain close, high-level economic relations with the Pacific states; hopes that this IEPA – now limited to two countries – may pave the way for a broader agreement that includes other countries in the Pacific area;

3.  Stresses that the IEPA is aimed at keeping the market open for exports from Papua New Guinea and the Republic of the Fiji Islands and allowing negotiations on a comprehensive EPA if so desired by the states concerned;

4.  Points out that Papua New Guinea and the Republic of the Fiji Islands – the two Pacific ACP countries with any significant exports to the EU – are the only members of the Pacific regional grouping to have entered into the agreement so far, with other members of that grouping choosing not to sign because of their lower levels of trade in goods with the EU;

5.  Recalls that, whilst the IEPA can be regarded as a first step in the process, in legal terms it is a completely independent international agreement that may not automatically lead either to a full EPA or to all the initial signatories of the IEPA signing the full EPA;

6.  Reminds the EU institutions and governments that neither the conclusion nor the renunciation of an EPA should lead to a situation in which an ACP country finds itself in a position less favourable than the one it was in under the trade provisions of the Cotonou Agreement;

7.  Stresses that Parliament's possible consent to an IEPA does not predetermine its position on consent to a comprehensive EPA, since the conclusion procedure relates to two different international agreements;

8.  Recalls that a genuine regional market is an essential basis for successfully implementing the IEPA – and, similarly, any future full EPA – and that regional integration and cooperation are essential for the social and economic development of the Pacific states; believes that this must be taken into account in the context of implementation;

9.  Stresses that the purpose of the specific provisions on rules of origin for fisheries products is to develop onshore fish processing capacity in the ACP Pacific states, so as to generate local employment and income;

10.  Points out that the interim EPA has paved the way for the development in Papua New Guinea of industrial projects such as the Pacific Marine Industrial Zone in Madang, which is expected to produce more than 400 000 tonnes of canned tuna over two years;

11.  Is concerned and alarmed, in this context, by measures such as the Papua New Guinea authorities' recent review of environmental legislation, which in practice waives the requirement to submit environmental reports for such projects and hinders the claims process;

12.  Highlights the importance of the fisheries industry as a primary source of employment for women in the Pacific region; believes that the Commission should provide technical, political and financial assistance in order to improve employment opportunities for women in the Pacific states;

13.  Notes with concern that WCPFC data show that third countries have increased their fishing capacity in these Pacific waters, and that there is therefore a risk of illegal, unreported and unregulated (IUU) fishing and over-fishing, which are not conducive to the sustainable development of the local fisheries industry;

14.  Stresses that even though Papua New Guinea and Fiji have limited fishing capacity and therefore a limited supply of wholly obtained fish and limited on-land processing capacity, the derogation from the rules of origin for processed fishery products, which is being actively used by Papua New Guinea, has turned that country into a genuine hub for the processing of huge quantities of tuna from a variety of sources (including the Philippines, Thailand, China, the United States and Australia); draws attention to the fact that the derogation from the rules of origin may have a destabilising effect on the EU's fish processing and canning industry;

15.  Calls on the Commission to present to Parliament as soon as possible a report on these specific aspects of the Pacific states' fisheries sector and on the management of fish stocks in the Pacific, including sustainable development practices; calls on the Commission to initiate without delay the consultations provided for in Article 6(6)(d) of Protocol II annexed to the IEPA, and to enact the suspension of the exceptional arrangements regarding the rules of origin in the event that the assessment report demonstrates a destabilising effect on the EU's fish processing and canning industry;

16.  Points out that such a report on the implementation of the special rules of origin must be prepared in the course of 2011, i.e. three years after notification to Papua New Guinea of the adoption of the rules in Regulation (EC) No 1528/2007, and that it should look at the economic, social and environmental impact of the global sourcing derogation on the population of Papua New Guinea, particularly coastal communities; in that connection, asks for immediate information about the terms of reference of this report and as to whether all stakeholders and affected parties, including civil society organisations in Papua New Guinea, will be consulted in the run-up to the report;

17.  Encourages Fiji to take on board the recommendations of the international community and to implement good governance practices; believes that such steps should result in the release of financial assistance for the sugar sector in Fiji; recognises that this money is badly needed in order to support the sugar sector, which is a key source of employment in Fiji;

18.  Stresses that any regional EPA should be made contingent on approval by all the relevant political groupings in the Republic of the Fiji Islands of a roadmap to democratic elections;

19.  Recommends a flexible, asymmetric and pragmatic approach to the ongoing negotiations on a comprehensive EPA; insists upon the inclusion of a development cooperation chapter in the comprehensive EPA;

20.  Points out that the agreement may also have implications for relations between the Pacific region and its closest and largest trading partners, Australia and New Zealand, and that it must be ensured that the stipulations of the current agreement do not act as an impediment to future trade agreements with those countries;

21.  Recalls that the EPA must be supportive of the development objectives, policies and priorities of the Pacific states, not only in its structure and content, but also in the manner and spirit of its implementation;

22.  Recalls the adoption, in October 2007, of the EU Strategy on Aid for Trade, with a commitment to increase collective EU trade-related assistance to EUR 2 billion annually by 2010 (EUR 1 billion from the Community, and EUR 1 billion from the Member States); insists that the Pacific region receive an appropriate and equitable share of this assistance;

23.  Calls for early determination and provision of the Pacific region's share of the Aid for Trade resources; stresses that these funds should be additional resources, and not merely a repackaging of EDF funding, that they should be in keeping with the priorities of Papua New Guinea and the Republic of the Fiji Islands, as well as those of the wider Pacific region, and that their disbursement should be timely, predictable and in line with the execution schedules of national and regional strategic development plans;

24.  Calls on the Commission, in view of the commitments made by the Council in September 2007 in connection with the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) Agreement and access to medicines, not to negotiate pharmaceutical-related TRIPS-plus provisions affecting public health and access to medicines in the EPA, to refrain from requesting adherence to or acceptance of the obligations of the Patent Cooperation Treaty and the Patent Law Treaty, to refrain from incorporating the terms of Directive 2004/48/EC(14), and not to introduce disciplines such as non-original database protection into the EPA;

25.  Expresses its continued support for a comprehensive EPA between the EU and the Pacific states; agrees that the key issues that must be negotiated include:

26.  Requests, nevertheless, that the Commission continue to work for a more comprehensive agreement and to seek possible alternatives that are accessible and viable and which guarantee market access in accordance with WTO rules, making creative use of all the flexibility available under those rules, including waivers, for those countries not wishing to commit to one or both of the IEPA and the full EPA;

27.  Takes the view that, under the comprehensive EPA, a parliamentary committee should be established to monitor the implementation of the agreement, and that the composition of this committee on the EP side should be in line with that of the Cariforum-EU Joint Parliamentary Committee;

28.  Stresses that both the IEPA and the comprehensive EPA should incorporate a review clause envisaging an independent global impact assessment that includes the economic, social and environmental impact and the costs and consequences of implementation, which should be carried out within three to five years of the signature of the agreement; stresses that the review clause of the IEPA – and, subsequently, that of the EPA – should contain the provision that all signatories are entitled to invoke it on the basis of the aforementioned impact assessment; requests that the European Parliament and the parliaments of the Pacific states be involved in any review of the agreement;

29.  Supports, in this context, the Commission's commitment to ensuring that this blanket derogation from the rules of origin is the exception rather than the rule in future EPAs;

30.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and of the ACP countries, the ACP-EU Council and the ACP-EU Joint Parliamentary Assembly.

(1) OJ C 77 E, 26.3.2004, p. 393. (2) OJ C 92 E, 20.4.2006, p. 397. (3) OJ C 285 E, 22.11.2006, p.126. (4) OJ C 292 E, 1.12.2006, p. 121. (5) OJ C 293 E, 2.12.2006, p. 155. (6) OJ C 298 E, 8.12.2006, p. 261. (7) OJ C 305 E, 14.12.2006, p. 244. (8) OJ C 102 E, 24.4.2008, p. 301. (9) OJ C 323 E, 18.12.2008, p. 361. (10) OJ C 285 E, 26.11.2009, p. 126. (11) OJ C 117 E, 6.5.2010, p. 118. (12) OJ L 348, 31.12.2007, p. 1. (13) OJ C 317 E, 23.12.2006, p. 898. (14) OJ L 157, 30.4.2004, p. 45.

European Parliament legislative resolution of 19 January 2011 on the draft Council decision on the conclusion of the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (05078/2010 – C7-0036/2010 – 2008/0250(NLE))

P7_TA(2011)0012 A7-0365/2010

(Consent)

The European Parliament,

–  having regard to the draft Council decision (05078/2010),

–  having regard to the draft Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (05558/2/2009),

–  having regard to the request for consent submitted by the Council in accordance with Articles 207(4) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0036/2010),

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

–  having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Fisheries (A7-0365/2010),

1.  Consents to conclusion of the Agreement;

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

European Parliament resolution of 19 January 2011 on international adoption in the European Union

P7_TA(2011)0013 RC-B7-0029/2011

The European Parliament,

–  having regard to the United Nations Convention on the Rights of the Child, adopted by the UN General Assembly on 20 November 1989, and in particular Article 21 thereof,

–  having regard to the 1967 European Convention on the Adoption of Children,

–  having regard to the Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption (signed at The Hague on 29 May 1993) and to the European Convention of 25 January 1996 on the Exercise of Children's Rights (ETS No 160),

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

–  having regard to Article 3(3) and (5) of the Treaty on European Union,

–  having regard to its resolution of 12 December 1996 on improving the law and cooperation between the Member States on the adoption of minors(1),

–  having regard to its resolution 16 January 2008: Towards an EU strategy on the rights of the child(2),

–  having regard to Rules 115(5) and 110(4) of its Rules of Procedure,

A.  whereas the welfare of every child and safeguarding children's best interests is of the utmost importance, and whereas the protection of children's rights is a European Union objective,

B.  whereas in the field of adoption competence is exercised by the Member States, which implement the relevant procedures in accordance with the best interests of the child,

C.  whereas there are conventions in force which deal with child protection and parental responsibilities, in particular the 1967 European Convention on the Adoption of Children, which seeks to approximate the laws of the Member States in cases where adoption involves moving the child from one country to another, and the 1993 Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption (the Hague Convention),

D.  whereas all the EU Member States are signatories to the Hague Convention,

E.  whereas considerable progress has been made as a result of the Hague Convention,

F.  whereas the United Nations Convention on the Rights of the Child and the Hague Convention describe the family as the fundamental group of society, as the natural environment for the growth and well-being of children in the vast majority of cases, and as the primary choice as regards care of children,

G.  whereas if primary care of children by the family is unavailable , adoption should be one of the natural secondary choices, whilst placing a child in institutional care should be the very last option,

H.  whereas in Europe the problem of precarious childhood, and in particular that of abandoned and institutionalised children, is a significant one and should be treated with the utmost seriousness,

I.  whereas violations of the rights of children, violence against them and child trafficking for adoption, prostitution, illegal labour, forced marriage, and begging on the streets or for any other illegal purpose, remain a problem in the EU,

J.  whereas it is important to protect the right of a child to a family life and to ensure that children are not forced to live for long periods in orphanages,

K.  whereas, following the entry into force of the Lisbon Treaty, the European Charter of Fundamental Rights has become binding; whereas, according to Article 24 of the Charter, ‘children shall have the right to such protection and care as is necessary for their well-being’; and whereas, furthermore, Article 3 of the Lisbon Treaty states that the ‘protection of the rights of the child’ is a Union objective,

1.  Calls for consideration to be given to the possibility of coordinating at European level strategies concerning the instrument of international adoption, in accordance with international conventions, in order to improve assistance in the areas of information services, preparation for inter-country adoption, the processing of applications for international adoption and post-adoption services, bearing in mind that all international conventions relating to the protection of the rights of the child recognise the right of orphaned or abandoned children to have a family and to be protected;

2.  Calls on the Commission to consider the functioning of national systems at European level;

3.  Considers that priority should be given, whenever possible and in the child's best interests, to adoption in the child's country of origin, with possible alternatives being a family-care solution, such as foster or residential care, or finding a family through international adoption, in accordance with relevant national legislation and international conventions, and that placement in an institution should be used only as a temporary solution;

4.  Emphasises that the national legislation of the country of origin of the family seeking a child for international adoption must apply when it comes to children's rights protection in the long term;

5.  Urges the Member States and the Commission, in cooperation with the Hague Conference, the Council of Europe and children's organisations, to develop a framework to ensure transparency and effective assessment of trends concerning abandoned and adopted children, including those who have undergone international adoption, and to coordinate their actions in an effort to prevent child trafficking for adoption;

6.  Calls on all the EU institutions to play a more active role at the Hague Conference in order to exert pressure on the Conference to improve, streamline and facilitate international adoption procedures and to eliminate unnecessary bureaucracy, whilst committing themselves to safeguarding the rights of children from third countries;

7.  Calls on the competent national authorities to report periodically to the Member State of origin on the development of a child who has undergone international adoption;

8.  Calls on the Member States to recognise the psychological, emotional, physical and social/ educational implications of removing a child from his or her place of origin and to offer appropriate assistance to the adoptive parents and the adopted child;

9.  Urges the Member States to pay particular attention to children with special needs, such as children who require medical care and disabled children;

10.  Recognises that procedural safeguards and proper scrutiny of all the adoption documents, including birth certificates, help to protect a child against violations of hi or her rights stemming from doubts over age or identity; believes that a reliable system of birth registration can prevent child trafficking for adoption, and calls for consideration to be given to legal solutions to facilitate the mutual recognition of the documents necessary for adoption;

11.  Calls on the EU institutions and the Member States to participate actively in the fight against child trafficking for adoption;

12.  Instructs its President to forward this resolution to the President of the European Council, the Council, the Commission, the Hague Conference and the government and parliaments of the Member States.

(1) OJ C 20, 20.1.1997, p. 176. (2) OJ C 41 E, 19.2.2009, p. 24.

European Parliament resolution of 19 January 2011 on the European integration process of Serbia

P7_TA(2011)0014 B7-0021/2011

The European Parliament,

–  having regard to the Stabilisation and Association Agreement between the European Communities and their Member States and the Republic of Serbia, which is in the process of ratification by Member States and the European Parliament, and the Interim Agreement on trade and trade-related matters between the European Community and the Republic of Serbia, which entered into force on 1 February 2010,

–  having regard to the Council Conclusions of 25 October 2010 inviting the Commission to prepare its opinion on Serbia's application for membership of the European Union and to the Council Conclusions of 14 June 2010,

–  having regard to UN Security Council Resolution 1244 (1999), to the ICJ Advisory Opinion of 22 July 2010 on the question of the accordance with international law of the unilateral declaration of independence in respect of Kosovo, and to the UN General Assembly Resolution of 9 September 2010, which acknowledged the content of the opinion and welcomed the readiness of the EU to facilitate the dialogue between Belgrade and Pristina(1),

–  having regard to Council Decision 2008/213/EC of 18 February 2008 on the principles, priorities and conditions contained in the European Partnership with Serbia and repealing Decision 2006/56/EC(2),

–  having regard to the Commission's 2010 Progress Report on Serbia(3) and the Commission communication of 9 November 2010 entitled ‘Enlargement Strategy and Main Challenges 2010-2011’(4),

–  having regard to the joint statement by the EU-Serbia Inter-Parliamentary Assembly of 4-5 October 2010,

–  having regard to the EU-Serbia readmission agreement of 8 November 2007(5) and to Council Regulation (EC) No 1244/2009 of 30 November 2009 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement(6),

–  having regard to its recommendation to the Council of 25 October 2007 on relations between the European Union and Serbia(7) and to its resolution of 26 November 2009 on the Commission's 2009 enlargement strategy paper concerning the Western Balkan countries, Iceland and Turkey(8),

–  having regard to the reports of the Chief Prosecutor of the ICTY presented to the UN Security Council on 18 June 2010 and 6 December 2010,

–  having regard to the Statement of the HR/VP Catherine Ashton of 8 September 2010 on the next steps at the UN concerning the advisory opinion on Kosovo,

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

A.  whereas in the Presidency Conclusions issued following the Thessaloniki European Council of 19 and 20 June 2003 a commitment was made to all the Western Balkan states that they would join the European Union once they meet the established criteria and this commitment was reiterated in the renewed consensus on enlargement approved by the European Council on 14 and 15 December 2006 and the Council Conclusions of 25 October 2010 on Serbia,

B.  whereas the pace of integration into the EU of the Western Balkan countries is individual and depends on the merits of each one of them with regard, in particular, to the determination to satisfy all the requirements, meet all the obligations, carry out the reforms and adopt the necessary measures that EU membership implies,

C.  whereas constructive approaches towards regional cooperation and good-neighbourly relations are key elements of the Stabilisation and Association Process; whereas they play a decisive role in the process of transformation of the Western Balkans into an area of long-standing stability and sustainable development,

D.  whereas Serbia is in a position to become an important player in guaranteeing security and stability in the region,

E.  whereas the EU itself is based on principles such as reconciliation, compromise and peaceful coexistence; whereas the EU policy in the Western Balkans follows the same aims in order to improve relations between the peoples of the region; whereas, in line with this policy, the EU condemns all war crimes that took place in the former Yugoslavia and supports the work of ICTY and of the local War Crimes Chambers in their effort to ensure justice and accountability,

1.  Reaffirms that Serbia's future lies in the EU, and encourages the country to continue its efforts towards this aim; commends Serbia on the progress achieved in the reform process; welcomes the decision to open the ratification procedure of the Stabilisation and Association Agreement with Serbia taken by the Council on 14 June 2010 and the fact that 11 Member States have already ratified the Agreement; calls on the remaining Member States to swiftly proceed with the ratification procedure;

2.  Welcomes Serbia's application for membership of the European Union, submitted on 22 December 2009, and the decision taken by the Council of Ministers on 25 October 2010 to ask the Commission to examine Serbia's application; takes the view that the Council's decision gives a positive signal to Serbia and encourages it to step up the reforms needed in order to comply with the Copenhagen criteria; underlines that the Council decision represents an important contribution to the stability of the Western Balkans; calls on the Commission to prepare its opinion on the subject, according to the procedure laid down in Article 49 of the Treaty on European Union;

3.  Welcomes the Council decision on the liberalisation of the visa regime, which allows Serbian citizens to travel visa-free to the Schengen Area as of 19 December 2009; welcomes the decision of the Serbian Government to allow EU citizens to travel to Serbia with ID cards and calls for further initiatives to facilitate people-to-people contacts and mobility of persons in the Western Balkan region; calls on the Serbian authorities to adopt adequate measures and make full efforts in order to limit possibilities to abuse the visa-free regime, in particular to ensure that Serbian citizens are properly informed about their rights and obligations stemming from the visa-free regime;

4.  Notes with satisfaction that IPA assistance works well in Serbia; encourages both the government and the EU to simplify the administrative procedures for IPA funding with the aim of making it more accessible to smaller and non-centralised beneficiaries; stresses the need to maintain an adequate level of pre-accession support in the forthcoming review of the EU's financial framework;

5.  Welcomes the joint EU-Serbia resolution on the advisory opinion of the International Court of Justice on Accordance with International Law of the Unilateral Declaration of Independence of Kosovo, adopted by acclamation by the UN General Assembly on 9 September 2010; welcomes the Serbian Government's willingness to engage in renewed dialogue with Kosovo within an EU framework and calls for the talks to start without delay; calls on Serbia to enter into dialogue with Kosovo without any longer referring to new negotiations on its status; expresses its confidence that a step-by-step approach can be employed to the benefit of all citizens of Kosovo; underlines that the dialogue, in order to be successful, will require commitment and readiness to compromise from both sides in view of their common European future and their common interest in establishing long-term peace and stability in the region and improving people's wellbeing; stresses that the ability to facilitate this process constitutes a test for the EU's credibility and political vision for the whole region; recalls that good-neighbourly relations are one of the most important conditions for all the Western Balkan countries to progress towards EU membership;

6.  Welcomes the improved cooperation with EULEX but underlines the need for further efforts to this end, in particular to improve the exchange of information; calls on the Serbian authorities to facilitate the cooperation of EULEX with the Kosovo Serbs in its efforts to implement the rule of law in the north of Kosovo;

7.  Urges the Serbian Government to dismantle Serbian parallel structures in Kosovo that undermine the decentralisation process and prevent the full integration of the Serbian community into the Kosovo institutions; calls, in this regard, on the Serbian authorities to play a constructive role with regard to the setting-up and functioning of the municipal institutions in Serbian multiethnic municipalities both north and south of the Ibar river;

8.  Calls on the Serbian authorities to adopt a constructive attitude towards the forthcoming general elections in Kosovo; points out that stable and multiethnic institutions in Kosovo are in the interest of both Serbia and the other neighbouring countries and considers, in this regard, the participation of Kosovo Serbs in the electoral process an indispensable element aimed at preventing the Kosovo Serbian community from being marginalised;

9.  Notes the efforts of both Serbia and Kosovo to locate persons missing since the 1998-1999 conflict through the ‘Working Group on Persons Who Are Unaccounted For In Connection With Events In Kosovo’; underlines the significance of the resolution of this issue in moving forward from the 1998-1999 conflict; further notes the approximately 1 862 cases of persons still missing and calls on both Serbia and Kosovo to extend all possible cooperation to each other, the ICRC, EULEX and other entities in searching for these persons;

10.  Underlines that the development of regional cooperation remains a key priority for the EU and is intended as a catalyst for reconciliation, good-neighbourliness and enhancing people-to-people contacts in the Western Balkans; calls, therefore, on Serbia to follow a constructive approach towards more inclusive regional cooperation, making it possible to find a practical and sustainable solution to the representation of Kosovo in regional fora; welcomes, therefore, the EU-Western Balkans High Level Meeting held in Sarajevo on 2 June 2010;

11.  Recalls that full cooperation with ICTY is a fundamental condition for Serbia to progress on the path to EU membership; notes that Serbia continues to respond adequately to ICTY requests for assistance and calls on the Serbian Government to continue working closely with the Court, including swift transmission of all requested documents and timely completion of cases transferred back from ICTY; points out, however, the most recent assessment by the ICTY Chief Prosecutor that Serbia's efforts to apprehend the two remaining fugitives continue to be problematic; underlines that only apprehension and extradition of the fugitives to The Hague can be deemed the most convincing evidence of full cooperation and calls for more systematic efforts to arrest them so that the mandate of the Court can be finally fulfilled; in particular, urges a re-evaluation of the current approach, in line with the ICTY recommendations; emphasises that Serbia can only gain candidate status and/or open accession negotiations with the EU if the ICTY Office of the Prosecutor assesses that it has offered full cooperation;

12.  Welcomes the resolution on Srebrenica adopted by the Serbian Parliament as a significant step in the process of raising awareness of the atrocities that happened in the recent past and of regional reconciliation; commends the decision of President Tadić to participate in the commemoration of the 15th anniversary of the genocide in Srebrenica as a further step in this direction, as well as his visit to Vukovar, where he paid his respects and apologised to the victims of the massacre at Ovčara in 1991, giving a new impetus to the development of good-neighbourly relations between Serbia and Croatia; welcomes the commitment and professionalism of the Office of the Special Prosecutor for War Crimes, including the swift reaction with regard to the Lake Perućac investigation;

13.  Notes the reform of the judiciary and calls for further energetic efforts in order to ensure the independence and impartiality of judges and to improve the efficiency of the work of the courts; welcomes the political decision to start the reappointment procedure of judges but underlines that it should be carried out in a transparent manner, guaranteeing the right of non-reappointed judges to effectively appeal against such decisions, and warns against the politicisation of this process; draws attention to the delays in adopting the relevant legislation and calls on the government to swiftly send the remaining draft laws to the parliament; calls for complete transparency in the administration of justice; moreover, calls for further financial and administrative resources to be assigned to the courts, including the Constitutional Court, in order to improve their functioning and to eliminate the backlog of cases; in this connection, considers that the restitution of property to its former owners should enjoy considerable priority; stresses that the presumption of innocence is one of the central legal instruments ensuring the rule of law; calls on the authorities and particularly the executive branch to strictly adhere to this principle;

14.  Recalls that the efforts to uphold the rule of law should constitute the utmost priority of the authorities; welcomes the progress in the fight against corruption, manifested inter alia by the recent high-profile prosecutions and by the establishment of the appropriate legal framework, as well as by the launching of the activities of the Anti-Corruption Agency in January 2010, but underlines that corruption is still prevalent in the country and calls for more efforts to eradicate it; notes in particular the role played by trafficking and the negative consequences of this and other forms of illicit activities in sustaining criminal networks; draws attention to the practice of holding double offices, which presents a serious risk of conflicts of interests and which should be addressed as a matter of priority; in this connection, is concerned about the recent changes to the Law on the Anti-Corruption Agency, which tend in the opposite direction, and notes the Agency's referral to the Constitutional Court of the constitutionality of this provision; calls on the authorities to give all necessary political and administrative support to the activities of the Anti-Corruption Agency and underlines the need to swiftly investigate the cases of corruption reported by the Agency; calls for the adoption of the amendments to the Law on the Financing of Political Parties in order to ensure full transparency and an efficient system for monitoring party financing; encourages the authorities to adopt legislation providing effective protection of whistleblowers; stresses the importance of the restitution of property as an important step in administering justice; stresses the importance of following established procedures rigorously in order to strengthen society's trust in the impartiality of the administration of justice;

15.  Welcomes the progress in the reform of public administration; stresses that more efforts should be put into the creation of an independent civil service, to this end calls for the introduction of a merit-based career system, including a professional and transparent hiring process and effective human resources management, and draws attention, in this context, to the detrimental practice of hiring staff in ways which do not accord with the Law on Civil Servants, often on the basis of political connections; draws attention to the underrepresentation of national minorities in public administration and the courts, as well as in state-owned companies; draws attention to the continuous need for capacity-building of the administration, at both national and local level, calls for further strengthening of capacity and coordination of public administration in the field of EU integration and calls on the Commission to continue to assist the authorities to this end, in coordination with other donors;

16.  Welcomes the progress in the police reform and increasing cooperation in the police field with the neighbouring and EU countries; welcomes, in particular, the agreement on police cooperation with Croatia, Montenegro and Bosnia and Herzegovina; welcomes the signing of a roadmap for cooperation with Europol with a view to the conclusion of an operational agreement with this EU law enforcement agency; stresses, however, that enhanced efforts are needed in order to meet the challenges of the roadmap, particularly in areas related to the protection of personal data and classified data, key elements also for the conclusion of a cooperation agreement with Eurojust;

17.  Draws attention to the cases of improper police conduct, including instances in which authority was exceeded and violence by police officers towards citizens, and calls for further energetic efforts to be made in order to punish the offenders; to this end, welcomes the cooperation of the police with independent oversight authorities and the implementation of their findings; regards the neutrality of police forces and other law enforcement bodies when dealing with members of all minorities as enjoying the highest priority and calls on the authorities to improve sensitivity training in this field; welcomes the efforts to increase the participation of women in the police force;

18.  Welcomes the efforts made to date to eliminate the legacy of the activities of the security services in the past; points out, in this regard, the necessity of further reform in the security sector, particularly lustration and an increase in parliamentary oversight and control of the security services; reminds the authorities that making secret services' archives available to the public is necessary for successful regional reconciliation, particularly with regard to atrocities that took place during the Second World War and afterwards; draws attention to the insufficient protection of privacy rights, and calls for further reforms in this respect;

19.  Welcomes the improved coordination between the police and prosecutors, which is bringing results in combating organised crime and drugs trafficking, which present common challenges for the EU and Serbia; notes the signature of cooperation memoranda with Latin American countries with the aim of dealing more effectively with the overseas drugs trade; calls for further efforts to improve internal police and judicial capabilities, underlining that drug trafficking from and through Serbia remains of concern for the EU;

20.  Recalls the importance of a properly functioning parliament as a vital institution in the democratic system and welcomes the procedural innovations brought about by the adoption of the new Law on the National Assembly; calls for immediate abolition of the unconstitutional practice of ‘blank mandates’, which allows the political parties to control the activities of members of parliament; furthermore, calls for a halt to the arbitrary allocation of seats in the parliament; calls on the political parties to introduce appropriate provisions in line with European democratic standards at the earliest possible date, certainly within the lifetime of the present parliamentary cycle; welcomes the adoption of the new parliament's Rules of Procedure, calls for strengthening of the oversight of the government's activities and commends the formal introduction of the public hearings to this end in the Rules of Procedure; welcomes the fact that for the first time provisions allowing oversight of independent bodies have been included in the Rules of Procedure but raises concerns regarding the parliament's possible interference in the work of these bodies; calls for the drafting of new provisions in line with the recommendations of the Venice Commission that set the legal framework for these bodies to carry out their work independently;

21.  Commends the work carried out by the Ombudsman in protection of the rights of citizens with regard to the proper functioning of state institutions, including action in support of children and minority rights, both at state and provincial levels; calls on the state authorities to facilitate these efforts and to ensure adequate follow-up to the Ombudsman's recommendations; welcomes the establishment of three local offices of the Ombudsman in the municipalities of Preševo, Bujanovac and Medvedja;

22.  Recalls the utmost importance of strong and independent media for democracy and calls for steps to be taken to ensure their independence from political pressures and other influence; welcomes the efforts of the Serbian Government to establish a legal framework guaranteeing freedom of speech but expresses concern regarding attempts to control and interfere in the media sector; is concerned about the controversies surrounding the privatisation of the ‘Večernje novosti’ daily and calls on the government to secure equal treatment of all foreign and domestic investors; condemns the attacks on and threats directed against Serbian journalists and calls on the authorities to fully investigate them and bring perpetrators to justice; draws attention to the concentration of ownership and lack of transparency in the media sector; draws attention to the cases of publication of personal data and underlines the need for self-regulation by journalists and respect for the Code of Ethics; notes that the level of internet access remains low, recognises the importance of the internet in media freedom and urges the authorities to take positive steps in this field;

23.  Underlines the importance of the decentralisation process in improving the functioning of the state by bringing it closer to the citizens, while at the same time respecting their right to provincial autonomy and local self-government; in this context, welcomes the adoption of the Law on National Minority Councils, which regulates the competences and the election of national minority councils in a way that is in line with international standards; recognises the progress in the implementation of the November 2006 Constitution through the adoption of the Statute and the Law on the competencies of Vojvodina; calls for the process of devolution of power to be continued by the adoption of the Law on public incomes and by the Law on the public property of Vojvodina and local municipalities, which will allow Vojvodina to start wielding authority under the new Statute; moreover, calls for further political efforts to address the aspirations of the Albanian minority in Preševo valley to local administration by swift provision of appropriate funds to be distributed in consultation with the Coordination Body for the Municipalities of Preševo, Bujanovac and Medvedja; at the same time, stresses the key responsibility of the representatives of the Albanian minority and urges them to discourage strident nationalistic and secessionist rhetoric, which is in sharp contrast to basic European values; equally, underlines the importance of integration of Serbs into these local government bodies;

24.  Welcomes the efforts made by Serbia in the field of the protection of minorities; underlines, however, that access to information and education in minority languages remains to be improved, in particular in the case of the Bosniak, Bulgarian, Bunjevci and Romanian minorities;

25.  Welcomes the establishment of a majority of the national minority councils, allowing them to take decisions in the fields of education, culture, use of minority languages and public information; notes the importance of the full implementation of the competencies of these minority self-governing bodies and the necessity of adequate budgetary subsidies guaranteed by the Law on National Minority Councils; notes the complaints about the irregularities in the preparation process and the legal requirements for the establishment of the councils, as well as the complaints about the violation of the guaranteed competencies of national councils by some ministries and local municipalities, and calls on the authorities to respond to them; raises concerns regarding the setting-up of the Bosniak national council and calls for a swift conclusion of the process in compliance with the rules, permitting legitimate representation of the Bosniaks in the council; is concerned about increasing tensions in Sandžak, as manifested inter alia by recent violent incidents, and strongly calls for political disputes to be resolved through dialogue within the framework of democratic institutions;

26.  Welcomes the progress made in relation to the promotion of gender equality, in particular the adoption of the Gender Equality Act and the adoption of the national action plan for improving the position of women and promoting gender equality; recalls, however, that the implementation of these measures is still pending and that women remain discriminated against, notably in the labour market; therefore calls on the Serbian authorities to swiftly put the new legal framework on gender equality into practice and tackle wider issues of gender-based discrimination, such as the increasing level of domestic violence in Serbia;

27.  Calls for further steps to be taken to fully implement anti-discrimination law and welcomes the progress in this field, in particular the establishment of the Commissioner for the Protection of Equality, as an important step in ensuring the equal treatment of all citizens of Serbia;

28.  Recalls that freedom of expression and of assembly are core European values and welcomes the fact that the Gay Pride parade in Belgrade took place on 10 October 2010; sees the event as a step of seminal importance towards establishment of an open, tolerant and diverse society and as the government's commitment to uphold EU standards of tolerance and to protect vulnerable minorities in society; expresses satisfaction with the adequate security measures taken for the protection of the parade's participants;

29.  However, deplores the violent clashes accompanying the Parade, which resulted in a large number of injuries, mostly among the police; draws attention to the fact that the extremists involved had indirect support from certain political parties and prominent religious figures; calls on the Serbian authorities to ensure the rule of law, by prosecuting the perpetrators of the violence which marred the parade and by effectively banning the extremist organisations to which they belong; notes that these organisations were responsible for instances of serious violence in the past, in particular on 17 February 2008 and at a number of sport events; takes note, in this regard, that a number of such cases are now pending before the Constitutional Court; calls for the adoption of appropriate measures to combat effectively all kinds of extremism and radicalism in society;

30.  Stresses that many Roma still live in extreme poverty, which has a particularly negative impact on the life chances of young Roma; moreover, points out that they suffer discrimination on the labour market, only 5% of them holding a permanent job; calls on the authorities to take urgent steps with regard to their situation, by providing all of them with ID cards, as well as to improve their access to adequate housing, the job market, education and healthcare; draws attention to the continuous discrimination as well as recent cases of violence against the Roma population and of forceful relocation of Roma by the Serbian authorities;

31.  Points out that Serbia is the country with the highest number of refugees and internally displaced persons (IDPs) in Europe; underlines their difficult situation concerning housing and poverty and calls on the Serbian authorities to revise the national strategy on refugees; welcomes Serbia's initiatives to revitalise the regional process for a durable solution to refugee problems and calls on the signatory countries of the Sarajevo Declaration to achieve more significant progress in this area; points out, in this regard, the common commitment of the Serbian and Croatian Presidents to investigate the fate of missing persons and to find solutions to refugee and return issues; calls on the Commission to use its political leverage over the EU candidate and potential candidate countries in the region in order to ensure that obstacles hindering the return of refugees are removed; moreover, recalls that up to 150 000 returnees are foreseen as a result of readmission agreements with EU countries and that their successful reintegration will require thorough preparations, particularly by local authorities; stresses the important role played by civil society organisations in this process;

32.  Welcomes the reforms in the military sector and in particular the professionalisation of the Serbian Army, which came into force on 1 January 2011, as an important step towards modernisation of the army and further strengthening of civilian control of the military;

33.  Underlines the important role played by civil society in determining policy priorities; emphasises the importance of dialogue with civil society organisations and stresses the crucial role of civil society actors in contributing to enhanced regional cooperation on social and political aspects; welcomes the fact that the new Law on Associations adopted in 2009 has clarified the legal status of NGOs and that improvements in cooperation between the Serbian administration and civil society have been made; acknowledges the government's efforts to consult civil society; calls on the authorities to take further steps to formalise and increase participation of civil society actors in the policy-making process and in the monitoring of activities of the authorities; stresses the need for support and protection of civil rights defenders, notably LGBT activists, those working on war crimes and those seeking to improve relations between Serbia and Kosovo;

34.  Expresses, in this respect, its support for the RECOM initiative (Regional Commission for Truth Seeking and Truth Telling about War Crimes and Other Serious Violations of Human Rights in the former Yugoslavia) with a view to further moving forward the process of awareness and reconciliation throughout the Western Balkans, and calls for support for it from the authorities in Serbia and other countries concerned;

35.  Stresses the utmost importance of the education system for the country's youth and future economic prospects; underlines that modern and high-standard education which produces generations of high-skilled workers is one of the central preconditions for social and economic development; regrets the high unemployment in the country, particularly among young people, and the low percentage of university graduates; calls on the authorities to fully implement provisions of the Bologna process and to bring the Serbian education system into line with European standards; welcomes the progress in the area of science and research but stresses that further efforts are needed if Serbia is to join the European Research Area; furthermore, calls on the authorities to increase investments in national research capacities in order to prevent Serbian research standards and capacities from lagging behind European ones;

36.  Acknowledges the extended general collective agreement that the Serbian Government signed with the trade unions and the employers' association in November 2008; encourages the Serbian Government to end the current suspension of the agreement; underlines that trade union rights still remain limited despite constitutional guarantees and calls on Serbia to further enhance labour and trade union rights; is concerned that the social dialogue remains weak and the consultation of social partners irregular; recognises that the Social and Economic Council has met more frequently and that all specialised bodies are operational, but is concerned that its capacity remains weak; calls for further steps to be taken to strengthen the Economic and Social Council to ensure that it can take an active role in strengthening the social dialogue and play a more active consultative role in law-making;

37.  Draws attention to the difficult situation in the prison system and calls for steps to be taken to remedy prison over-crowding, to improve deplorable detention conditions and to provide appropriate rehabilitation programmes and training for the inmates;

38.  Underlines the detrimental consequences of the financial crisis for the country; notes the recent review of the stand-by agreement with the IMF, accompanied by the positive evaluation of the country's macroeconomic policies, and welcomes the setting-up of the Western Balkans Investment Framework for the advancement of the integration and the economic recovery of the region, making available loans for priority infrastructure projects; calls for expansion of the framework to include support to small and medium-sized enterprises and invites Serbia to take advantage of these new financial resources, as well as of the opportunities under the IPA assistance, also with a view to more effectively protecting vulnerable groups in society from the effects of the crisis;

39.  Recalls that the existence of monopolies severely hampers the development of a fully functioning market economy; therefore, calls on the government to take active measures to ensure that an effective competition policy is pursued by abolishing them; stresses that the obstacles facing the entry of small and medium-sized enterprises into the economy remain more substantial than is desirable; welcomes the establishment of market regulators in various fields and looks to the authorities to ensure independence of these bodies in order to prevent their ‘capture’;

40.  Notes further that the country's national and economic statistics require further improvement and calls on the authorities to upgrade these;

41.  Calls on the Serbian authorities and political movements to make a firmer commitment to employment policies and social cohesion and to create an environment conducive to the development of democracy, the rule of law, a free market economy and respect for human rights;

42.  Calls for further efforts to develop a sustainable network of public transport inside Serbia and throughout the whole of the Western Balkans and to improve the road infrastructure, including swift completion of Corridor X, but equally importantly rail and inland waterway transport; underlines the importance of an integrated transportation system both for economic development of the Serbian regions and to increase the level of regional trade; expresses particular interest in the development of the Danube Strategy in order to improve connection and communication systems (covering in particular transport, energy issues and the information society), preserve the environment, prevent natural risks and reinforce socioeconomic development;

43.  Regrets, in this regard, the poor condition of public transport with regard, in particular, to railways; calls on the Serbian Government to make full use of the IPA funds in order to develop, upgrade and modernise the railway network and improve the interconnections with neighbouring countries for both people and freight;

44.  Commends Serbia's good progress in the field of the environment; encourages, however, intensified efforts in the field of renewable energy and energy efficiency, noting that main elements of the acquis on renewable energy remain to be transposed and that a legislative framework on energy efficiency is still to be adopted;

45.  Welcomes the adoption by the Chemicals Agency of a rulebook which limits or bans production of chemicals posing a risk to human health and the environment and that brings the chemicals industry more into line with EU regulations; regrets, however, that the application of certain provisions requiring advanced technology and related investments has been delayed as, according to industry representatives, it would lead to financial losses and disruption of industry's business operations in Serbia; calls for the swift and full implementation of the 2009 green legislative package;

46.  Welcomes the agreements with Montenegro and Croatia allowing the extradition of citizens of these countries suspected of taking part in organised crime and the foreseen talks on the demarcation of the border between Serbia and Croatia; encourages the Serbian Government to conclude similar agreements with other neighbours and welcomes the steps taken to this end by Serbia and Montenegro; encourages Serbia to continue sharing intelligence and evidence on cross-border crime networks, particularly those involved in drug-trafficking, with neighbouring countries in order to effectively fight transnational organised crime in the Balkan region;

47.  Stresses the important role played by Serbia as regards the stability of the whole Western Balkans and in particular the stability and cohesion of Bosnia and Herzegovina; calls in this regard on the Serbian authorities to actively support all necessary constitutional changes that would enable BiH state institutions to carry out challenging reforms in the European integration process; calls on Belgrade in particular to support the consolidation, streamlining and strengthening of Bosnian state institutions;

48.  Calls on the Serbian authorities to continue approximating EU environmental legislation and standards and to implement and enforce the legislation adopted;

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

(1) A/RES/64/298. (2) OJ L 80, 19.3.2008, p. 46. (3) SEC(2010)1330. (4) COM(2010)0660. (5) OJ L 334, 19.12.2007, p. 46. (6) OJ L 336, 18.12.2009, p. 1. (7) OJ C 263 E, 16.10.2008, p. 626. (8) OJ C 285 E, 21.10.2010, p. 47.

European Parliament legislative resolution of 19 January 2011 on the draft Council and Commission decision on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (15619/1/2007 – C7-0341/2010 – 2007/0255(NLE))

P7_TA(2011)0015 A7-0362/2010

(Consent)

The European Parliament,

–  having regard to the draft Council and Commission decision (15619/1/2007),

–  having regard to the draft Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (16005/2007),

–  having regard to the request for consent submitted by the Council in accordance with Article 217 and Article 218(6), second subparagraph, point (a) and (8), of the Treaty on the Functioning of the European Union and with Article 101, second paragraph, of the Treaty establishing the European Atomic Energy Community (C7-0341/2010),

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

–  having regard to the recommendation of the Committee on Foreign Affairs (A7-0362/2010),

1.  Consents to conclusion of the agreement;

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

European Parliament resolution of 19 January 2011 on a European initiative on Alzheimer's disease and other dementias (2010/2084(INI))

P7_TA(2011)0016 A7-0366/2010

The European Parliament,

–  having regard to Article 168 of the EC Treaty,

–  having regard to Article 35 of the Charter of Fundamental Rights of the European Union,

–  having regard to the Council Recommendation on measures to combat neurodegenerative diseases, in particular Alzheimer's, through joint programming of research activities, and the Council conclusions on public health strategies to combat neurodegenerative diseases associated with age and, in particular, Alzheimer's disease,

–  having regard to the findings of Alzheimer Europe's EU project EuroCoDe (European Collaboration on Dementia) (2006/2008) financed by DG Sanco and the World Alzheimer Report 2010 released by Alzheimer's Disease International (ADI) in the context of World Alzheimer's Day on 21 September 2010,

–  having regard to the results of EuroCoDe (European Collaboration on Dementia), an Alzheimer Europe European project funded by the Commission,

–  having regard to the Communication from the Commission to the European Parliament and the Council on an European initiative on Alzheimer's disease and other dementias (COM(2009)0380 final),

–  having regard to the EU strategic objective of promoting good health in an ageing Europe, established on the basis of the Commission White Paper ‘Together for Health: A Strategic Approach for the EU 2008-2013’, which stresses the need to intensify research in the interests of palliative care and a better understanding of neurodegenerative diseases,

–  having regard to its resolution of 9 September 2010 on the long term care of older people(1),

–  having regard to its resolution of 7 September 2010 on the role of women in an ageing society(2),

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

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0366/2010),

A.  whereas it is estimated that 35.6 million people worldwide will be suffering from dementia in all its forms in 2010, and that this number is estimated to nearly double every 20 years, possibly reaching 65.7 million in 2030, (2010 report by Alzheimer's Disease International); whereas the number of sufferers of Alzheimer's disease is underestimated due to difficulties in early diagnosis,

B.  whereas the number of people suffering from dementia in Europe is estimated to be 9.9 million, with Alzheimer's accounting for the vast majority of these (2010 report by Alzheimer's Disease International); taking into account that neurodegenerative diseases can affect people of all ages but represent one of the main causes of disability and dependence in older people, and that the number of people suffering from these diseases is expected to rise dramatically by 2020 owing to increased life expectancy and a lack of social life among the retired; whereas this figure for the number of people affected almost trebles when the number of informal carers of people with dementia are also taken into account,

C.  whereas, according to the World Alzheimer Report for 2009, Europe accounts for over 28 % of the total number of persons suffering from dementia, placing it second only to Asia (with 35 %), while of all the world's regions western Europe has the highest proportion of sufferers (19 %),

D.  whereas the population of Europe is ageing, with persons aged over 80 constituting the fastest growing cohort in most European countries; whereas there is a decreasing ratio of working to retired populations and whereas dementia is therefore expected to be one of the main challenges for the sustainability of national social and healthcare systems, including informal care and long-term care facilities, in the coming decades,

E.  whereas according to certain estimates (2010 report by Alzheimer's Disease International) the total direct medical and social care costs of Alzheimer's disease in Europe amount to USD 135.04 billion,

F.  whereas early diagnosis may help to manage healthcare costs across Europe,

G.  whereas the European Union does not currently have at its disposal sufficiently precise statistics concerning dementias, and in particular neurodegenerative diseases, and whereas the estimates vary by up to a factor of three, depending on the study consulted; whereas it is essential, therefore, that European epidemiological studies should be carried out on the basis of common, strictly defined indicators,

H.  whereas the consequences of dementia are both social and economic, affecting all health systems in the Member States,

I.  whereas in order to anticipate the economic and social impact of Alzheimer's and other forms of dementia, it is necessary to invest in scientific research and efficient approaches to care systems,

J.  whereas the bulk of the research effort in this field is carried out by Member States, with a relatively low level of transnational coordination, leading to fragmentation and limited sharing of knowledge and best practice among Member States, and whereas research for Alzheimer's Disease is lagging behind research into other major diseases in Europe,

K.  whereas Alzheimer Europe's recent findings show that Alzheimer's disease remains underdiagnosed in the EU and that many inequalities exist across the Member States in regard to prevention, access to treatment and provision of appropriate services,

L.  whereas current research suggests that diet may be a significant causal factor in the development of Alzheimer's disease and therefore the prevention of dementia through modifiable interventions should be a priority and particular attention should be given to preventative factors such as a healthy diet, promoting physical and cognitive activity and controlling cardiovascular risk factors such as diabetes, high cholesterol, hypertension and smoking,

M.  whereas there is a growing awareness that the impact of neurodegenerative diseases on the population in Europe is of such a magnitude that no Member State is capable of resolving it alone; whereas it is therefore necessary for Member States and the EU to strengthen significantly cooperation and coordination of innovative and multidisciplinary clinical research efforts into the causes, prevention and treatment of Alzheimer's disease, of information sharing and the level of financial resources in this area, in order to combat neurodegenerative diseases, particularly Alzheimer's, which is a major challenge for European societies,

N.  whereas this European initiative is not intended to replace existing national plans to combat Alzheimer's disease and other forms of dementia, but should instead be used as a means of coordinating European research in this area more effectively,

O.  whereas dementia is a devastating disorder for the patients themselves but can also, if adequate services of good quality are not provided, become a very heavy burden placed on the shoulders of the patients' relatives and carers, due to the emotional, physical and financial difficulties faced by the relatives and friends of those affected by all types of dementia; whereas in every family with a patient, on average three persons directly bear the brunt, meaning that an estimated 19 million Europeans are directly affected by dementias,

P.  whereas there is a shortfall in capacity in institutional care for people suffering from Alzheimer's disease, and that shortfall will worsen in the future; whereas there is a shortage of healthcare professionals and social workers caring for people suffering from Alzheimer's, and that shortage will increase in future; whereas at the same time it is clear that the best thing for such people is to assist them to remain in their familiar environment at home,

Q.  whereas, in connection with the care of dementia sufferers and support for carers, the European Union and the Member States must pursue a threefold objective: provide high-quality care for sufferers, ensure that carers can take advantage of periods of respite tailored to their needs, and ensure that sufferers can be looked after at home or in high-quality, innovative care facilities,

R.  whereas modern telemedicine services can deliver very effective support for patients suffering from Alzheimer's, and for their carers, and can thus contribute to a better quality of life for patients in their familiar environment and provide a good alternative to institutional care,

S.  whereas there is a stigma attached to Alzheimer's disease and public attitudes towards the illness and the persons affected by it leave sufferers and their families and relatives isolated; whereas the overall approach to the problem is still the wrong one, leading those affected and their relatives to their social exclusion; whereas, therefore, there is a need for better understanding of the stigma, prejudice and discrimination associated with dementia whilst research is also needed on how to prevent social exclusion and encourage active citizenship so as to maintain the dignity and respect of the people with dementia at the core of any action,

T.  whereas enhancing the quality of the patients is often linked to the emotional lives of the patients' relatives,

U.  whereas Support Groups represent a suitable space for group thinking to support and share the ‘conscious responsibility’ of the patients' relatives,

V.  whereas Alzheimer's and the other forms of dementia should not be perceived as a normal problem faced by individuals as part of the ageing process without them being entitled to suitable treatment, medical assistance and specialised care,

W.  whereas, although social awareness and scientific knowledge of Alzheimer's disease have increased substantially, underlining in particular how the disease is characterised not only by clinical dementia but also by the onset of pre-dementia earlier in time, therapeutic options are still limited to symptomatic drugs; whereas there are currently striking disparities between and even within Member States and shortcomings in terms of staff training and qualifications and the availability of equipment needed for diagnosis and research and whereas the diagnosis of Alzheimer's often takes place years after the onset of the disease, thus delaying any possible treatment to slow down the disease,

X.  whereas recent advances in the use of reliable biomarkers for Alzheimer's disease have stimulated the development of new criteria defining Alzheimer's disease as a clinical entity encompassing not only a phase affecting memory and cognition, but also an earlier phase,

Y.  whereas Alzheimer's disease and the other forms of dementia do not affect just the elderly, but may also be developed by young people; whereas access to diagnostic services, research and care, support and accommodation should be improved for young sufferers,

Z.  whereas raising greater public and professional awareness about Alzheimer's disease, both at national and European level, should empower the population to recognise the first signs of the disease, seek early diagnosis, and access treatment and services at an early stage,

AA.  whereas a greater focus on the pre-dementia phase of Alzheimer's disease could contribute to supporting the development of appropriate therapeutic interventions capable of slowing down the disease's progression, and ultimately delaying patients' entry into severe Alzheimer's, i.e. the most debilitating form of the disease,

AB.  whereas the development of effective disease-modifying agents (as opposed to purely symptomatic agents ) represents an area of critical and urgent unmet need for patients with Alzheimer's disease,

AC.  whereas, furthermore, the diagnosis of Alzheimer's disease delivered in almost 70 % of cases of dementia fails to take full account of the variety of cerebral lesions encountered in sufferers and of the fact that young and elderly sufferers do not show the same pathological and clinical picture,

1.  Calls on the Council to declare dementia to be an EU health priority and strongly urges the Member States to develop specific national plans and strategies for Alzheimer's disease in order to deal with the social and health consequences of dementia and to provide services and support for people with dementia and their families, as has been done in several Member States where the ‘Alzheimer's and similar diseases’ plan launched in 2008 has made it possible to coordinate medical and social care and clinical and basic research into these diseases at national level;

2.  Welcomes the EU Joint Programming initiative promoted by the Member States in order to boost research on Alzheimer's and other neurodegenerative diseases and encourages the Commission to continue launching activities to tackle health-related, social, technological, and environmental challenges for the treatment of Alzheimer's and other neurodegenerative diseases;

3.  Calls on the Council and the Commission to take account of the concept of dementia when preparing future actions in the area of preventive health policy, notably in relation to its interaction with cardiovascular illnesses, mental health, physical activity, education in the field of health and new technologies;

4.  Calls on the Member States to provide EU citizens with lifestyle information with a view to delaying or preventing the onset of Alzheimer's and other forms of dementia, by promoting the concept of ‘a healthy lifestyle for a healthy brain’;

5.  Suggests that the Council and the Commission consider launching a European Year of Mental Health, complementing World Alzheimer's Day on 21 September,in order to raise awareness of brain-related diseases associated with ageing and of ways to detect and identify early symptoms of such diseases, with public information campaigns on their prevention as well as about the treatment of cerebral vascular accidents; The European year should be also a place to promote the exchange of good practices in European countries;

6.  Points out that (a) the increasingly ageing population and b) the mounting pressure on public finances and private productivity due to increased expenses for this ageing population will create a structural problem for the Member States; the European Union should therefore adopt in its long-term strategy the policy of firm promotion of the principle of prevention (in terms of medical practices as well as in terms of encouraging healthier lifestyles). Health indicators will contribute to significant improvement of the economic indicators;

7.  Calls on the Council and the Commission to recognise the role of patients' associations in the area of neurodegenerative diseases and to involve them in information and prevention campaigns and support measures for dementia sufferers and in the preparation of research programmes;

8.  Suggests that the Commission consider promoting a ‘Carers Day’ to raise awareness of and recognise the crucial role of formal and informal carers across Europe;

9.  Stresses that discovering effective interventions that prevent the onset of or delay Alzheimer's progression must take on an all encompassing urgency;

10.  Calls on the Council and the Commission to act to raise public awareness in the Union concerning dementia, facilitating recognition of the early symptoms of dementia with a view to early diagnosis and the corresponding treatment and appropriate support;

11.  Underlines the primality of prevention as well as the relevance of early diagnosis for effective interventions; underlines the need and calls on the Member States to improve epidemiological and clinical data to help direct research, rehabilitation and action, in particular during the asymptomatic phases and before the onset of incapacity;

12.  Notes that at present there is no specific policy on the prevention of Alzheimer's disease, and calls, therefore, for the establishment of such a policy, including at European level, to be based on the need to maintain an environment conducive to patients' physical and intellectual activity and a diet consistent with that recommended by the European Platform for Action on Diet, Physical Activity and Health and on the promotion of all policies to reduce smoking, both active and passive;

13.  Is convinced that the early diagnosis tests recently proposed by the International Working Group on the New Criteria for Alzheimer's Disease, research into risk factors and the definition of early-diagnosis criteria are vitally important;

14.  Encourages all the Member States to engage actively in the definition, development and implementation of common protocols for early diagnosis, to establish biomarkers with a view to building on the emergence of new therapies for both dementia and pre-dementia, and to define a common research agenda in the field of neurodegenerative diseases and the sharing of best practices in the area of research into neurodegenerative diseases, thus reducing the prevailing inequalities between Member States and within Member States as regards diagnosis and treatment; points out that standard operational procedures for the assessment of disease markers will be key to drug discovery and to the development of more effective, technology-assisted care of patients with Alzheimer's disease;

15.  Encourages Member States to ensure that drugs able to slow the onset of Alzheimer's are made available to all patients suffering from the disease and not only patients who are diagnosed with severe cases of Alzheimer's;

16.  Encourages the Commission to draw up guidelines for the development and implementation of common early diagnostic services based on a multidisciplinary assessment of the patient's state of memory and an adapted notification and information system to provide patients and their families with the best possible framework in which to approach the onset of the disease;

17.  Encourages the Member States to establish specialist centres and to provide satisfactory medical equipment (including magnetic resonance imaging, whose contribution to dementia research is indisputable) nationwide;

18.  Calls on the Council and the Commission to take account of the rapid spread of dementia and Alzheimer's, and their impact, when drawing-up action plans for research;

19.  Urges the Member States to develop policies for facilitating access to research funding in the field of dementia and Alzheimer's, including research into prevention, on a basis proportionate to these illnesses' economic impact on society;

20.  Points to the importance of a multidisciplinary approach to ways in which cooperation and coordination in the field of research at European level can improve knowledge, diagnosis, treatment, prevention, and social research into the welfare of patients and their families and carers; believes that research on the validation of new diagnostic criteria, the development of early screening tests, and the identification of risk factors for the progress of the disease from the pre-dementia phase to the advanced stages is crucial; recommends that representatives of patients, healthcare organisations and medical-service providers be involved in this process; sees, this being the case, clear added value in conducting large-scale epidemiological and clinical studies on the basis of transnational collaboration;

21.  Recognises the current importance of the European Union's support, totalling EUR 159 million, for 34 projects on neurodegenerative diseases; considers it essential, nevertheless, in the context of the forthcoming 8th RDFP, to address the fragmented nature of research, particularly that on Alzheimer's, and to include projects in the insufficiently explored fields of non-drug, behavioural and cognitive therapies;

22.  Regards early diagnostic tests, research into risk factors and early diagnosis criteria as crucial; sees, this being the case, clear added value in conducting large-scale epidemiological and clinical studies on the basis of transnational cooperation; regards the European Health Examination Survey, which will be able to provide valuable information, through its cognitive test module, on the number of people with early-stage cognitive deficiencies, as equally important;

23.  Calls on the Commission, the Council and Member States to take into account the specific needs of women, who account for twice the number of sufferers and a disproportionate number of carers, in the areas of medical and social research, health, employment and social policies;

24.  Calls on the Member States to develop long-term policies and action plans in the field of care and prevention which anticipate and address social and demographic trends, and to focus on the support provided to the families of patients for whom they are caring, thereby affording social protection to vulnerable persons suffering from dementia;

25.  Stresses the importance of preventing Alzheimer's disease by encouraging a healthy lifestyle, including staying mentally and socially engaged, promoting good diets and exercising;

26.  Invites the Member States to develop a Strategic Research Action Plan establishing medium- to long-term research needs and objectives in the area of neurodegenerative diseases, including care provision needs, especially in the area of Alzheimer's. These action plans should focus on enhancing the potential of young researchers and supporting innovative research approaches based on a public-private partnership; recommends fostering the development of centres of excellence for specific research areas and involving representatives of patients, carers organisations and public/private healthcare providers;

27.  Invites the Member States to cooperate with the Commission with a view to exploring possible Commission initiatives to assist Member States in developing and implementing the common research agenda;

28.  Calls on the Member States to develop action plans aimed at improving the well-being and quality of life of patients suffering from Alzheimer's and other dementias, and that of their families;

29.  Invites European Institutions to support as far as possible Alzheimer Europe's Dementia Research Observatory as a useful tool for the dissemination of best practices and research results to patients and their carers;

30.  Points to the importance of research into the connection as well as the distinction between the ageing process and dementia, between dementia and depression in older people, and between gender differences and the various types of dementia; encourages the Member States, furthermore, to promote specific healthcare and research programmes that give great importance to patient choice and perspective, and to formulate recommendations centered on the core principles of dignity and social inclusion, thereby promoting the autonomy and self determination of patients;

31.  Calls on the Member States to devote suitable resources to healthcare for Alzheimer's patients and to exchanges of information and networking with regard to the results obtained;

32.  Stresses the importance of home help for patients and for the elderly, and the vital contribution made by non-profit and voluntary organisations in the care of Alzheimer's patients and those suffering from other age-related diseases; encourages the Member States to create forms of partnership with those organisations and support for their activities; calls on the Member States, in addition, to give due credit and recognition to the role played by the informal care provided by the relatives of those suffering from these diseases;

33.  Stresses the need for actions which do not just focus on drug-based treatment of Alzheimer's once the condition has developed, but also on preventative measures, including diet and nutrition, to reduce the chances of developing Alzheimer's; calls for extensive research into the effects of diet and nutrition on Alzheimer's and for advice, including nutritional advice, on preventing the disease to be developed and disseminated to the public through awareness raising campaigns;

34.  Underlines that research in health economies, social science and humanities, and non-pharmacological approaches is also needed to understand the psychological and social aspects of dementia;

35.  Sees that the diagnosis of early symptoms of memory disorders should be one of the focal areas in occupational healthcare;

36.  Urges the Commission, the Council and the Member States to consider establishing safety standards applicable to institutions specialising in care for the elderly, to the communities to which they belong and to home care arrangements;

37.  Invites Member States, in close cooperation with the Commission and in conjunction with research organisations, to draw up common guidelines for the training of staff who work in whatever capacity with Alzheimer's patients (medical and paramedical professions), and for the training and monitoring of family and other informed carers to ensure competent and effective use of the existing resources; points out that the need for skilled people working with persons with dementia is increasing rapidly;

38.  Calls on Member States to consider opportunities offered by the EU 2020 strategies ‘A new jobs agenda’ and ‘New skills for new jobs’ to strengthen the future workforce capacity related to looking after people suffering from Alzheimer's and other types of dementia; new skill-specific jobs need to be promoted across Europe to look after an increasingly dependent ageing population;

39.  Calls on the Commission to leverage the resources of the flagship initiative ‘Innovation Union’ in the Europe 2020 Strategy and the planned pilot partnership on active and healthy ageing (to be launched by early 2011) to tackle dementia in Europe;

40.  Underlines that the recent advances in imaging and biomarker research open the way to detecting silent molecular processes and early signs of Alzheimer's disease by using, for example, a marker which is currently being studied that will make it possible to view amyloid plaques, one of the two lesions associated with this disease, in the brain;

41.  Recognises the vital contribution families, carers and communities play in enabling suffering patients to realise their potential and asks the Member States to support family, carers and community life;

42.  Stresses the importance of psychological support for patients and their families; emphasises the importance of combining the psychosocial approach to ageing with the results of medical and biomedical research; advocates the need for research in the fields of the health economy, social-humanistic aspects and non-pharmaceutical approaches to treatment, in order to gain an understanding of the psychological, economic and social aspects of dementia and to promote the use of existing technologies (e-health, ITC, assistive technologies, etc.);

43.  Recommends that the Commission examine how EU initiatives in the field of rights of people with dementia, including the use of advance directives (living wills) and the issue of guardianship systems, can be extended;

44.  Encourages Member States to consider reducing the use of antipsychotic medication in their action plans to aid Alzheimer's sufferers, given that while these drugs are currently commonly prescribed to combat the effects of dementia, their beneficial effect has been shown to be limited, and they have moreover contributed to excess deaths every year as a result of their prescription;

45.  Emphasises that the dignity of people with Alzheimer's needs to be preserved and the stigma and discrimination against them needs to be eliminated;

46.  Encourages Member States and the Commission to develop new policy-based incentives to facilitate the dissemination of information and market access strategies for innovative therapies and diagnostic tests addressing the current unmet needs of patients with Alzheimer's disease;

47.  Encourages the Member States to develop healthcare and social services with the core principle of maximising coverage and ensuring equity of access and equality, to encourage the development of integrated services delivery in communities and at home, to benefit people with dementia regardless of age, gender, ethnicity, wealth, disability, and rural or urban residence; encourages Member States to take action to tackle those factors which impact unequally on the health of the population in a way which is avoidable; encourages the Commission and the Member States to further develop the collection of data on health inequalities;

48.  Calls on the Member States to be aware of the preventative treatment that helps slow the onset of dementia as well as ensuring access to affordable, quality care for sufferers; highlights for Member States that such services need to be protected at a time of fiscal consolidation across Europe;

49.  Calls on the Member States to set up an interconnected European network of centres of reference where expertise in the diagnosis, treatment and care of dementia and Alzheimer's would be concentrated and by means of which information and data could be exchanged and evaluated between the Member States;

50.  Encourages the Member States to develop personalised pathways for multiprofessional and multidisciplinary care and support coordinated by a single reference person from the moment the diagnosis is notified, in order to facilitate home-based care through increased use of multi-purpose and specialised home help and care services, home automation and new information and communication technologies;

51.  Calls on the Member States to develop diverse, innovative and high-quality facilities to offer respite to carers, such as accommodation and temporary reception centres, and to monitor the health of carers by, for example, providing them with appropriate medical care and psychological or social support;

52.  Calls on the European Union and the Member States to strengthen research, improve access to diagnostic services and adapt care and support services to the needs of young sufferers;

53.  Encourages the Member States to provide patients with access to new treatments whose therapeutic effectiveness has been verified and established, and to do so as soon as possible after they become available;

54.  Urges the Member States to improve public and professional awareness of dementia among healthcare skilled/semiskilled professionals, healthcare policy makers and media, resulting in better recognition of the symptoms of Alzheimer's disease and understanding of the disease and its care; the awareness must focus on different components such as diagnosis, treatment and appropriate support;

55.  Reminds the Commission of the 2006 Bowis report calling on employers to introduce ‘Mental Health at Work’ policies as a necessary part of their health and safety at work responsibility, with a view to ensuring the best possible incorporation into the labour market of persons with mental disorders, and that these policies should be published and monitored within existing health and safety legislation; reminds the Commission that Parliament is still waiting for these policies to be published;

56.  Emphasises the scale of the medical costs entailed by Alzheimer's disease and other dementias and that it is important to find viable solutions which take into account: the direct medical costs (comprising health system costs: specialist costs, medicinal products, medical examinations and regular check-ups); the direct social costs (comprising the cost of formal services outside the medical system: community services, home care, provision of food, transport, and placement of patients in specialist residential centres for the care of the elderly, where they can receive medical assistance); and informal costs (comprising the costs associated with reduced productivity in the event of a prolongation of working life, and loss of output as a result of early retirement, leave for medical reasons or death);

57.  Encourages the Member States to develop information campaigns for the general public and for specific groups such as schoolchildren, healthcare professionals, and social workers, comparing and exchanging experiences on support measures for family carers, patients associations and non-governmental organisations by promoting the publication and distribution of information pamphlets – including online – on the training and organisation of voluntary workers and legal, psychological and health assistants both at home and at day centres by promoting or setting up Alzheimer's associations to enable those concerned to exchange experiences; highlights the importance in all awareness and education campaigns of the ability to recognise the symptoms of dementia;

58.  Encourages the Member States to promote, on a voluntary basis, the practice of free memory screenings for those population groups that according to scientific data have a high risk of developing Alzheimer's disease or other dementia illnesses;

59.  Encourages the Member States and the Commission to promote consideration of the needs of and an ethical approach to sufferers in order to guarantee respect for human dignity, and to consider the legal status of people suffering from neurodegenerative diseases with a view to providing a legal framework for the deprivation of liberty and legal protection for sufferers;

60.  Calls for recognition of Alzheimer associations as prime partners and for them to be involved in 1) defining prevention recommendations and best practices and disseminating these at grass-root level, 2) providing much needed information and support to people with dementia and their carers, 3) presenting the needs of people with dementia and their carers to policy makers, and 4) fostering partnerships with the medical profession to provide a holistic approach; points out that in order to do so, the European institutions should investigate the possibilities of the European Public Health Programme providing regular core funding to European Alzheimer Associations and encourage Member States to support Alzheimer associations at national level;

61.  Encourages Member States to develop support groups for healthcare professionals working in institutions, for relatives of hospitalised patients, for relatives assisting the patient at home and for healthcare professionals working in the home healthcare service;

62.  Calls on the Council, the Commission and the Member States, in conjunction with Parliament, to foster the autonomy of persons with dementia and promote their dignity and social inclusion through the action plan in the field of health, and to provide information on best practices as regards respect for the rights of the vulnerable and combating the mistreatment of dementia patients;

63.  Calls on the Commission and the Council to foster the development, in connection with the implementation of research projects, of partnerships between public institutions and between private and public institutions, thereby harnessing facilities, resources and experience in the private and public sectors to combat the effects of Alzheimer's and of other types of dementia;

64.  Points out that considerable progress still needs to be made in the area of access to therapeutic trials for patients with Alzheimer's and similar diseases in order to ensure that the new molecules are effective; emphasises that this problem should be addressed in the next revision of the EU Directive on clinical trials on medicinal products (2001/20/EC);

65.  Calls on the Member States, in the light of the destructive impact of Alzheimer's on the memory and the mental faculties, to devise national strategies enabling the authorities responsible for financial aid to sufferers also to monitor such aid so as to ensure that it is used exclusively to benefit the sufferers;

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

(1) Texts Adopted, P7_TA(2010)0313. (2) Texts Adopted, P7_TA(2010)0306.

European Parliament resolution of 19 January 2011 on Petition 0473/2008 by Christoph Klein (German), concerning the failure of the Commission to take action regarding a competition case and the harmful impact of this on the company concerned

P7_TA(2011)0017 B7-0026/2011

The European Parliament,

–  having regard to the question of 10 November 2010 to the Commission on Petition 0473/2008 by Christoph Klein (German), concerning the failure of the Commission to take action regarding a competition case and the harmful impact of this on the company concerned (O-0182/2010 – B7-0666/2010),

–  having regard to Article 227 of the Treaty on the Functioning of the European Union,

–  having regard to Rules 115(1) and 110(2) of its Rules of Procedure,

–  having regard to Rules 201 and 202 of its Rules of Procedure,

A.  whereas the applicable legal framework in this case is Council Directive 93/42/EEC(1) concerning medical devices, which provides that manufacturers of Class I medical devices can place such a device on the market without intervention by a notified body or an authority, and that is up to manufacturers to demonstrate that their devices meet the requirements of the directive,

B.  whereas Member States, in order to ensure that these requirements are met, are under an obligation to carry out market surveillance and to take the necessary measures, which include the safeguard clause procedure under Article 8 and measures under Article 18 in the case of an unduly affixed CE marking,

C.  whereas the manufacturer concerned demonstrated to the responsible authority in the Member State that its device fulfilled all legal requirements for the placing of a Class I medical device and product carrying the CE marking on the market,

D.  whereas a Member State through the responsible authority, when it takes the appropriate interim measures to withdraw a device from the market or prohibit or restrict its being placed on the market, is required to inform the Commission immediately of any such measures, indicating the reasons for its decision,

E.  whereas the German authorities had been expressing safety concerns about the device in question (an inhaler) since 1996 and had informed the Commission about the matter with a view to a safeguard procedure, but the Commission did not consult the manufacturer and never issued a ruling; and whereas, as a result, a decision on the matter is still pending and the petitioner is left without any available means of legal redress,

F.  whereas the authorities of Saxony-Anhalt imposed a sales ban on the device in 1997, at the insistence of the Bavarian authorities,

G.  whereas the company legally sold products before the first sales injunction was issued in 1997, and, according to the authority responsible, satisfied all the provisions of Council Directive 93/42/EEC,

H.  whereas the manufacturer placed the device on the market under a new name in 2003, and in 2005 the Government of Upper Bavaria ordered it to be withdrawn from the market, under the German Medical Devices Act, without informing the Commission accordingly,

I.  whereas, in 2006, the manufacturer informed the Commission of the second sales prohibition with a view to initiating infringement proceedings against Germany for breach of Article 8(1) of Directive 93/42/EEC,

J.  whereas the Commission claims that there was insufficient proof that the inhaler satisfied the essential requirements, as stipulated in Directive 93/42/EEC, and it concluded that there was no need for a new product safety review because the case fell under Article 18 rather than Article 8 of the Directive,

K.  whereas the manufacturer submitted a petition to the European Parliament in 2008 stating that the Commission, in its handling of the case, had breached its obligations under the directive and failed to fulfil its duty to act as the Guardian of the Treaties,

1.  Considers that the Commission's reply to the Committee on Petitions failed to respond sufficiently to the questions raised by the petitioner and the committee members or to the concerns raised in the opinion of the Committee on Legal Affairs;

2.  Calls on the Commission immediately to take the steps needed to end the still-pending procedure initiated in 1997 under the safeguard clause of Article 8 of Directive 93/42/EEC;

3.  Calls on the Commission urgently to respond to the legitimate concerns of the petitioner – who has been experiencing this intolerable situation for 13 years and has consequently suffered considerable loss of earnings – and to take the necessary steps to enable the petitioner to assert his rights;

4.  Instructs its President to forward this resolution to the Commission and to the German Federal Government.

(1) OJ L 169, 12.7.1993, p. 1.

European Parliament resolution of 19 January 2011 on the situation in Haiti one year after the earthquake: humanitarian aid and reconstruction

P7_TA(2011)0018 RC-B7-0023/2011

The European Parliament,

–  having regard to the International Donors' Conference Towards a New Future for Haiti, held in New York on 31 March 2010, and to the New York mission report of the delegation from Parliament's Committee on Development,

–  having regard to the March 2010 ‘Action Plan for National Recovery and Development of Haiti: Immediate Key Initiatives for the Future’,

–  having regard to the conclusions of the extraordinary Foreign Affairs Council meeting held in Brussels on 18 January 2010,

–  having regard to the statement on the Haiti earthquake made by the High Representative of the Union for Foreign Affairs and Security Policy on 19 January 2010,

–  having regard to the conclusions of the preparatory ministerial conference held in Montreal on 25 January 2010,

–  having regard to the European Consensus on Humanitarian Aid signed by the three EU institutions in December 2007,

–  having regard to its resolution of 10 February 2010 on the recent earthquake in Haiti(1),

–  having regard to the report on the mission to Haiti of Parliament's Committee on Development (25-27 June 2010),

–  having regard to the ACP-EU Joint Parliamentary Assembly's report of 30 August 2010 on the fact-finding mission to Haiti and the Dominican Republic,

–  having regard to the June 2010 joint document issued by Catherine Ashton, Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, and Commissioner Kristalina Georgieva on the lessons to be learned from the EU response to the disaster in Haiti,

–  having regard to the Commission communication of 26 October 2010 entitled ‘Towards a stronger European disaster response: the role of civil protection and humanitarian assistance’ (COM(2010)0600),

–  having regard to the United Nations Stabilisation Mission in Haiti (MINUSTAH),

–  having regard to the report by Michel Barnier entitled ‘For a European civil protection force: Europe aid’, published in May 2006,

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

A.  whereas the earthquake measuring 7.3 on the Richter scale which struck Haiti on 12 January 2010 killed 222 750 people, affected 3 million and displaced nearly 1.7 million, more than a million of whom are still living in makeshift camps that were supposed to be temporary, and whereas human rights associations continue to deplore the ‘appalling’ living conditions in these camps, in particular the ‘rape and sexual violence’ to which women are subjected,

B.  whereas 2.5-3.3 million people are currently ‘food insecure’, in a country where 60% of the population lives in rural areas and 80% lives in absolute poverty,

C.  whereas, a year on from the earthquake, the situation in Haiti remains chaotic, the country is still in a state of emergency and reconstruction work has barely started,

D.  whereas decades of poverty, environmental deterioration, vulnerability to various natural disasters, violence, political instability and dictatorship have left Haiti the most impoverished country in the Americas, with most of its population of 12 million surviving on less than USD 2 per day before the disaster, and whereas the earthquake damage has further undermined the state's ability to provide basic public services and thus to play an active role in the relief and reconstruction efforts,

E.  whereas to date only USD 1.2 billion of the USD 10 billion dollars pledged (with two deadlines: 18 months and three years) at the International Donors' Conference for the reconstruction of Haiti, held in New York on 31 March 2010, has actually been paid,

F.  whereas the recent tragedy in Haiti has demonstrated that the tools available to the EU for responding to disasters (humanitarian aid and the Community Civil Protection Mechanism) need to be improved in terms of their effectiveness, speed, coordination and visibility,

G.  whereas the Interim Haiti Recovery Commission (IHRC) was set up at Haiti's request to coordinate the resources and ensure that they are used effectively, and to implement the Action Plan for National Recovery and Development of Haiti; whereas the Commission, as the leading donor, is a voting member of the IHRC,

H.  whereas clearing the rubble is a major challenge in connection with the reconstruction of the country (only a tiny proportion has been cleared), and whereas at the current rate of progress it would take at least six years to remove the millions of cubic metres of rubble,

I.  whereas the cholera epidemic that broke out on 19 October 2010 has claimed more than 3 000 lives to date and affected more than 150 000 people, whereas the spread of the epidemic has highlighted the obvious structural shortcomings of the Haitian State and the limitations of the international aid system and of MINUSTAH, and whereas the cholera response effort is being hampered by – among other things – the current political crisis in the wake of the elections,

J.  whereas the UN has received only USD 44 million of the USD 174 million for which it appealed to fight the cholera epidemic,

K.  whereas the WHO is predicting 400 000 new cholera cases over the next 12 months if the epidemic is not eradicated,

L.  whereas the elections of 28 November 2010, the provisional results of which were announced in early December, sparked violent demonstrations in Haiti and numerous complaints of fraud, whereas the international community must support a transparent and fair election process in order to guarantee the clean elections that are essential for the reconstruction of the country, and whereas protecting the civilian population must be a priority,

1.  Reiterates its solidarity with the people of Haiti suffering as a result of the earthquake and the cholera epidemic, and stresses that reconstruction efforts must involve the consultation of, and include, the Haitian people and Haitian civil society;

2.  Urges a strong, long-term commitment from the international community, including the EU, to honour all the pledges made at the International Donors' Conference in New York and to deliver the funds without delay; stresses, further, that all EU humanitarian and reconstruction assistance must be provided in the form of grants rather than loans which have to be paid back;

3.  Recalls the international community's massive response to the devastating earthquake in Haiti, and its genuine political will to take a new approach to supporting the reconstruction of the country – without repeating the errors of the past – and to tackle the deep-rooted causes of poverty in Haiti once and for all;

4.  Laments the scale of the disaster in Haiti, the effects of which are still highly visible a year on from the earthquake; welcomes the extent of the humanitarian aid granted to Haiti by the Commission (EUR 120 million, including EUR 12 million to fight cholera) and the Member States (approximately EUR 200 million), and the commitment shown by the Commissioner for International Cooperation, Humanitarian Aid and Crisis Response and by DG ECHO and its experts;

5.  Stresses that the establishment of ‘clusters’ has made it possible to coordinate humanitarian efforts on the ground, but that this approach has revealed its limitations in the face of the huge number of humanitarian agencies involved and the complex nature of the emergency owing to Haiti's high urban population density;

6.  Commends the efforts and achievements of humanitarian organisations (the Red Cross, NGOs and the United Nations) and the Member States, and stresses the need to communicate the non-visible effects of humanitarian work and the fact that the situation was brought under control thanks to, inter alia, the provision of care for the injured, drinking water, food and temporary shelter;

7.  Notes that the cholera epidemic has highlighted the near-total helplessness of the Haitian State in the face of an easily preventable and treatable disease, along with the limitations of the international aid system in a country benefiting from a massive humanitarian deployment (12 000 NGOs); stresses that humanitarian agencies cannot and must not continue to make up for for the weaknesses of the Haitian State or to take its place, and that urgent action must finally be taken to ensure long-term development, in particular as regards access to healthcare and drinking water and urban renewal;

8.  Welcomes the collective commitment made by the Commission and the Member States at the International Donors' Conference for the reconstruction of Haiti to donate a total of EUR 1.2 billion, including EUR 460 million in non-humanitarian aid from the Commission; reiterates its call for the EU, as the leading donor, to exercise political leadership in the context of the reconstruction effort;

9.  Calls on the Commission and the Member States to incorporate local food production and food security into the reconstruction effort in Haiti, via the development of rural infrastructure and the provision of aid to small farmers, in the context of their joint approach to programming their resources for reconstruction in Haiti and of the mid-term review of the programming of the remaining Commission funds, i.e. the EUR 169 million still to be allocated from the EUR 460 million announced in New York; calls for the implementation of the new food security policy framework announced by the Commission in March 2010;

10.  Deplores the late start to the work of the IHRC, which should be playing a central role in coordinating reconstruction; is disappointed at the lack of information concerning its operation and effectiveness, and calls on the Commission, as a member of the IHRC, to intervene with a view to speeding up the implementation of the latter's mandate and reviewing its operation and to submit a report to Parliament on the IHRC's activities, its use of resources and the proportion of the funds pledged at the New York conference that has actually been committed to reconstruction;

11.  Acknowledges that the effective operation of the IHRC, as the central body responsible for managing the reconstruction effort, is contingent on rebuilding the capacity of the Haitian State and renewing Haiti's political leadership following transparent and fair elections, and on a genuine political will to take the decisions that will have to be made before embarking on this gigantic project;

12.  Urges the Haitian Government to stand by and implement the commitments made in the Action Plan for National Recovery and Development of Haiti to strengthen the state's authority, make local government more effective, build the capacity of local and national institutions and incorporate the concept of political, economic and institutional decentralisation;

13.  Takes the view that both local authorities and civil society representatives should be better supported and more involved in the decision-making process;

14.  Deplores the fact that the Haitians have only shovels, pickaxes and wheelbarrows with which to clear the tonnes of rubble now strewn throughout the capital, which seems totally inadequate in view of the gravity of the situation; stresses that removing the rubble is essential to the reconstruction of Haiti, and is disappointed that hardly any funds have been released for this purpose; calls on the Commission to provide financial aid and technical support for the removal of rubble;

15.  Calls on the UN to review MINUSTAH's mandate, with a particular focus on security issues, and is concerned about its effectiveness in the light of the latest events (the cholera epidemic and the elections in progress);

16.  Deplores the serious housing crisis in Haiti; stresses that rehousing of the homeless, most of whom are living in makeshift camps set up mainly in the capital, Port-au-Prince, is being hampered by a lack of available land, the absence of clear land ownership rules and the fact that many plots of land are owned by expatriate Haitians, and calls on the Haitian authorities to make a political commitment to proactive measures, including compulsory purchase;

17.  Is increasingly concerned about the situation of the most vulnerable groups of people, in particular women and children, in the wake of the earthquake, which has had a huge impact on more than 800 000 children, exposing them to the risk of violence, sexual abuse, trafficking, exploitation and abandonment, and calls on the EU and in particular the Commission to take firm action with a view to restoring living conditions that afford children protection and safety, so as to support the process of establishing a social protection system in Haiti and encourage education reform; calls for better living conditions and security in the camps;

18.  Calls on the EU to work with the Haitian Government with a view to drawing up a legislative framework that protects children's rights and ensuring that national law reflects the obligations arising out of the numerous international instruments ratified by Haiti concerning the rights of the child, human rights, the abolition of slavery and child protection;

19.  Considers it extremely important for the Commission to support the process of identifying and registering children separated from their families and tracing their relatives, and to take special precautions at Haiti's borders so as to prevent trafficking in children and illegal adoption;

20.  Stresses the need for immediate action to build the capacity of the Haitian State in terms of democracy and good governance, which are essential for national reconstruction, and to ensure that Haitian civil society and the Haitian people are involved;

21.  Expresses grave concern at the current political crisis following the presidential and parliamentary elections, the results of which have been widely contested and only cautiously endorsed by foreign observer delegations, and which are currently the subject of a recount by experts dispatched by the Organisation of American States (OAS), who – in their report submitted on 13 January 2011 – have recommended that the governing party's candidate, Jude Célestin, be replaced by Michel Martelly, owing to evidence of fraud;

22.  Calls on the EU to do its utmost to support fair and transparent elections and the proper conduct of the second round, postponed to February, so as to prevent Haiti from lapsing into a worse crisis; believes that only a legitimately elected president and parliament can take the necessary decisions, and that reconstruction calls for stability and political determination;

23.  Urges the international community and the EU to cooperate closely with the future Haitian authorities and to assist them – throughout the reconstruction process – with the organisation of their institutions and of the state's powers, with a view to establishing a new equilibrium at all levels and a fully functioning democracy;

24.  Stresses the pivotal importance of remittances from the Haitian diaspora in directing capital flows straight into the hands of the Haitian people, who can rapidly put such monies to use to meet pressing needs; asks the Member States and the Haitian Government to facilitate the delivery of remittances and to work towards reducing their cost;

25.  Urges the EU and its Member States to keep the recovery and rehabilitation of Haiti high on their agenda, stresses that now is the time to help Haiti become an economically and politically strong and self-sustaining country, and calls on the international community to use this as an opportunity to tackle the root causes of underlying poverty in Haiti once and for all;

26.  Calls on the Commission, in the spirit of the European Consensus on Humanitarian Aid, to ensure that a significant effort is made – in conjunction with the government, local authorities and civil society – to incorporate disaster preparation and risk minimisation into the emergency and longer-term development phases;

27.  Urges the Commission to put forward proposals as soon as possible for establishing an EU Civil Protection Force based on the EU Civil Protection Mechanism;

28.  Notes that Haiti has been the recipient of humanitarian aid for decades, and that the link between emergency aid, reconstruction and development has only become more important in this crisis; emphasises that it is crucial for the UN to be – and remain – in charge of coordinating all civilian and military operations relating to the restoration of security and to humanitarian aid, reconstruction and development;

29.  Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the Member States, the President and Government of Haiti, the UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief, the World Bank and the IMF.

(1) OJ C 341 E, 16.12.2010, p. 5.

European Parliament resolution of 19 January 2011 on violation of freedom of expression and discrimination on the basis of sexual orientation in Lithuania

P7_TA(2011)0019 B7-0031/2011

The European Parliament,

–  having regard to international instruments guaranteeing human rights and fundamental freedoms and prohibiting discrimination, notably the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR),

–  having regard to Articles 6 and 7 of the Treaty on European Union and Article 19 of the Treaty on the Functioning of the European Union, which commit the EU and its Member States to upholding human rights and fundamental freedoms and provide European means to fight discrimination and human rights violations,

–  having regard to the Charter of Fundamental Rights of the European Union, especially Article 11 thereof, which guarantees the right to freedom of expression, and Article 21 thereof, which prohibits discrimination based on sexual orientation,

–  having regard to the draft amendments to the Code of Administrative Offences of the Republic of Lithuania (No XIP-2595),

–  having regard to the draft opinion of the Ministry of Justice of the Republic of Lithuania (No 11-30-01),

–  having regard to European Union activities to fight discrimination based on sexual orientation and homophobia,

–  having regard to the November 2010 Fundamental Rights Agency report ‘Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity’,

–  having regard to its Resolution of 17 September 2009 on the Situation in Lithuania following the adoption of the law on protection of minors(1),

–  having regard to its previous resolutions on homophobia, protection of minorities and anti-discrimination policies, and notably to those on homophobia in Europe(2),

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

A.  whereas on 16 December 2010, the Seimas postponed a vote on draft legislation that would amend the Code of Administrative Offences to punish the ‘public promotion of homosexual relations’ with a fine of between LTL 2 000 and 10 000 (EUR 580 – 2 900), because the amendments had not yet been examined by the relevant parliamentary committees and are still under review by the Lithuanian national authorities,

B.  whereas on 8 December 2010 the Committee on Education, Science and Culture of the Seimas also deleted sexual orientation from the list of grounds deserving protection in the equal opportunities provisions of the Law on Education (Article 5(1)),

C.  whereas the draft amendments to the Code of Administrative Offences are contrary to Article 25 of the Constitution of the Republic of Lithuania, which stipulates that ‘the human being must not be hindered from seeking, receiving and imparting information and ideas’, and Article 29, which states ‘all persons shall be equal before the law, the court, and other State institutions and officials. The rights of the human being may not be restricted, nor may he be granted any privileges on the ground of gender, race, nationality, language, origin, social status, belief, convictions or views’,

D.  whereas the Minister of Justice of the Republic of Lithuania has expressed the opinion that the draft amendments to the Code of Administrative Offences contravene Lithuania's obligations under its Constitution, the European Charter of Fundamental Rights, the European Convention on the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights,

E.  whereas the latest report from the Fundamental Rights Agency on ‘Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity’ of November 2010 concludes that ‘The amendments could potentially criminalise almost any public expression or portrayal of, or information about, homosexuality’,

F.  whereas in June 2009 the Seimas overwhelmingly voted to amend the ‘Law on the Protection of Minors against the Detrimental Effects of Public Information’, banning minors from accessing information about homosexuality,

G.  whereas the meaning of ‘manifestation or promotion of sexual orientation’ in the Law on Advertising remains unclear,

H.  whereas this resolution was triggered by a series of worrying events such as the adoption of the Law on the Protection of Minors against the Detrimental Effects of Public Information, the attempted prohibition by local authorities on holding equality and gay pride marches, and the use by leading politicians and parliamentarians of inflammatory or threatening language and hate speech,

I.  whereas Commission Vice-President Viviane Reding, High Representative of the European Union Catherine Ashton, President of the European Council Herman van Rompuy and President of the European Parliament Jerzy Buzek unanimously condemned any kind of homophobia and discrimination on grounds of sexual orientation on 17 May 2010, International Day against Homophobia,

J.  whereas homosexuality was declassified as a mental illness by the World Health Organization in 1990, whereas no credible research indicates that educating children and young people about sexuality may affect their sexual orientation and whereas education about sexual diversity encourages tolerance and acceptance of differences,

1.  Upholds the values and principles upon which the Union is founded, in particular respect for human rights, including the rights of all minorities;

2.  Reaffirms that the EU Institutions and Member States have a duty to ensure that human rights are respected, protected and promoted in the European Union, as provided for by the European Convention on Human Rights, the European Charter of Fundamental Rights and Article 6 of the Treaty on European Union, without distinction on grounds of sexual orientation;

3.  Calls on the Seimas to reject the draft amendments to the Code of Administrative Offences, include sexual orientation in the list of protected grounds in the Law on Education, enable minors to freely access information on sexual orientation, and clarify the meaning of the ban in the Law on Advertising;

4.  Points out that the proposed amendments have not yet been voted by the plenary of the Lithuanian Parliament and are still under review by the Lithuanian national authorities;

5.  Acknowledges the firm stand taken on several occasions by President of the Republic of Lithuania Dalia Grybauskaitė, denouncing draft homophobic legislation as being harmful for Lithuanian citizens and the image of Lithuania, and calls on the President to veto the amendments to the Code of Administrative Offences should they be approved;

6.  Welcomes the recent designation of homophobia as an aggravating circumstance for crimes;

7.  Commends the bilateral action taken so far by the Commission; calls on the Commission to undertake a legal assessment of the proposed amendments to the Code of Administrative Offences and issue an EU Roadmap with concrete measures against homophobia and discrimination on grounds of sexual orientation;

8.  Welcomes the plan by the Lithuanian authorities to review the proposed amendments that have been deemed to be in conflict with European law, notably in relation to the principle of non-discrimination on the grounds of sexual orientation;

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

(1) OJ C 224 E, 19.8.2010, p. 18. (2) OJ C 287 E, 24.11.2006, p. 179, OJ C 300 E, 9.12.2006, p. 491, OJ C 74 E, 20.3.2008, p. 776.