European Parliament legislative resolution of 6 July 2011 on the proposal for a decision of the European Parliament and of the Council on the list of travel documents entitling the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list (COM(2010)0662 – C7-0365/2010 – 2010/0325(COD))

P7_TA(2011)0321 A7-0237/2011

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2010)0662),

–  having regard to Article 294(2) and Article 77(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0365/2010),

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

–   having regard to the undertaking given by the Council representative by letter of 29 June 2011 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0237/2011),

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

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

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

Position of the European Parliament adopted at first reading on 6 July 2011 with a view to the adoption of Decision n°.../..../EU of the European Parliament and of the Council on the list of travel documents which entitle the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 1105/2011/EU.)

European Parliament resolution of 6 July 2011 on European Broadband: investing in digitally driven growth (2010/2304(INI))

P7_TA(2011)0322 A7-0221/2011

The European Parliament,

–  having regard to the Commission Recommendation of 20 September 2010 on regulated access to Next Generation Access Networks (NGA)(1),

–  having regard to the Commission Communication of 20 September 2010 entitled ‘European Broadband: investing in digitally driven growth’ (COM(2010)0472),

–  having regard to its position of 11 May 2011 on the Commission proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme(2),

–  having regard to the Commission Communication of 26 August 2010 entitled ‘A Digital Agenda for Europe’ (COM(2010)0245),

–  having regard to the European Economic and Social Committee opinion on the proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme and the Commission Communication ‘European Broadband: Investing in digitally driven growth’ (TEN/434-435 - CESE 362/2011),

–  having regard to the Commission Communication of 17 September 2009 entitled ‘Community Guidelines for the application of State aid rules in relation to rapid deployment of broadband networks’(3),

–  having regard to the Commission Communication of 4 August 2009 entitled ‘Europe's Digital Competitiveness Report: Main achievements of the i2010 strategy 2005-2009’ (COM(2009)0390),

–  having regard to the Commission Communication of 18 June 2009 entitled ‘Internet of Things: An action plan for Europe’ (COM(2009)0278),

–  having regard to the Commission Communication of 28 January 2009 entitled ‘Investing today for tomorrow's Europe’ (COM(2009)0036),

–  having regard to the Commission Communication of 20 March 2006 entitled ‘Bridging the Broadband Gap’ (COM(2006)0129),

–  having regard to the Commission Communication of 25 April 2006 entitled ‘i2010 eGovernment Action Plan: Accelerating eGovernment in Europe for the Benefit of All’ (COM(2006)0173),

–  having regard to the Commission Communication of 30 April 2004 entitled ‘e-Health - making healthcare better for European citizens: An action plan for a European e-Health Area’ (COM(2004)0356),

–  having regard to its resolution of 15 June 2010 on the Internet of Things(4),

–  having regard to its resolution of 5 May 2010 on a new Digital Agenda for Europe: 2015.eu(5),

–  having regard to its recommendation of 26 March 2009 to the Council on strengthening security and fundamental freedoms on the internet(6),

–  having regard to its resolution of 24 September 2008 on reaping the full benefits of the digital dividend in Europe: a common approach to the use of the spectrum released by the digital switchover(7),

–  having regard to its resolution of 19 June 2007 on building a European policy on broadband(8),

–  having regard to its resolution of 14 February 2007 entitled ‘Towards a European policy on the radio spectrum’(9),

–  having regard to its resolution of 14 March 2006 on a European information society for growth and employment(10),

–  having regard to its resolution of 23 June 2005 on the information society(11),

–  having regard to its resolution of 14 October 1998 on globalisation and the information society: the need for strengthened international coordination(12),

–  having regard to the EU framework for electronic communications, as amended, in particular Directives 2002/21/EC (Framework Directive), 2002/20/EC (Authorisation Directive), 2002/19/EC (Access Directive), 2002/22/EC (Universal Service Directive), 2002/58/EC (Directive on privacy and electronic communications) and Regulation (EC) No 1211/2009 (BEREC Regulation),

–  having regard to the European Economic Recovery Plan (COM(2008)0800),

–  having regard to Annex III of the amending Council Regulation (EC) No 473/2009 of 25 May 2009,

–  having regard to Article 189 of the Lisbon Treaty,

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

–  having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection, the Committee on Regional Development and the Committee on Culture and Education (A7-0221/2011),

A.  whereas the EU-wide provision of fast broadband networks is of vital importance if the objectives of the EU 2020 strategy are to be achieved, in terms of promoting smart, sustainable, inclusive, territorially cohesive economic growth, improving the employment situation, strengthening Europe's competitiveness, facilitating scientific research and innovation and thereby enabling all regions, cities, municipalities and sectors of society to benefit from the digital environment and giving them the opportunity to exploit new digital technologies for public services,

B.  whereas broadband access is enabled over many platforms (copper, cable, fibre, fixed and mobile wireless, satellite, etc.), has attracted users of all kinds (such as consumers, businesses, government, public and non-profit institutions, including schools, libraries, hospitals and public-safety agencies), who use broadband for a multitude of services (e-commerce, health-care delivery, voice and video communication, entertainment, fleet management, government services, education, job training, and many more), and is also enabling machine-to-machine applications (smart electric meters and smart grids, wireless heart monitors, emergency services, alarm systems, vehicle telemetry, inventory tracking, and more),

C.  whereas recognising and embracing various platforms, users and services as part of the broadband ecosystem will help ensure 100% broadband access and deliver the many societal benefits associated therewith, which will, in turn, promote 100% broadband adoption; whereas the EU's objectives should include enabling all regions and sectors of society to benefit from the digital environment,

D.  whereas sustainable infrastructure access and service competition, in conjunction with realistic, viable ‘top-down’ target setting, will make next-generation connectivity available efficiently and in line with demand,

E.  whereas EU broadband policy must prepare the ground for a development where the EU can take the lead regarding broadband access and speeds, mobility, coverage and capacity; whereas global leadership in the ICT sector is crucial to the prosperity and competitiveness of the EU; whereas a European market with nearly 500 million people connected to high-speed broadband would act as a spearhead for the development of the internal market, creating a globally unique critical mass of users, exposing all regions to new opportunities and giving users increased value and the EU the capacity to be a world-leading knowledge-based economy; whereas the rapid deployment of broadband is essential to boost innovation and EU productivity, and to stimulate new SMEs and job creation in the EU,

F.  whereas it is essential to bridge the digital divide and achieve broadband for all across the EU for European added value, especially with regard to remote and rural areas, in order to ensure social and territorial cohesion,

G.  whereas broadband is important for the implementation of new technological infrastructures, which are necessary for the scientific, technological and industrial leadership of the EU, such as cloud computing, super computers, the Internet of Things and smart computing environments; recalls that proper broadband access and speed are core for the development and efficient use of such innovative ICT technologies; notes furthermore that these technologies and the services they provide are meant to benefit both consumers and businesses, including SMEs,

H.  whereas public actors can contribute significantly to the roll-out of broadband for all and of Next Generation Access (NGA) in unserved and underserved areas; whereas public investment should operate in such a way that it complements private investment and enhances competition; whereas investors in NGA must retain appropriate incentives to continue to invest in broadband,

I.  whereas the private sector has invested hundreds of billions of euro in broadband facilities, services, applications and content over the last decade, but without all European citizens having experienced the benefits of broadband; whereas promotion of private and public investment should continue to be the primary engine of broadband growth in the EU,

J.  having regard to the decision taken by the Ministerial Conference for the Union for the Mediterranean of 4 November 2008 in Marseille to reduce the digital divide between the two shores of the Mediterranean, which resulted in the BB-Med (broadband for the Mediterranean) proposal,

Broadband for all

1.  Notes that the Communication forms just one part of a broader package, which also includes the Digital Agenda, the Innovation Union, the Radio Spectrum Policy Programme and EU and national funding programmes, with a view to creating a mutually supportive system for the efficient further development, access to, and use of, networks, whether terrestrial fixed and mobile or via satellite;

2.  Notes that the concept of broadband is constantly evolving as the number of platforms has grown and the customer base and the range of uses have multiplied exponentially: broadband is now not just about internet access, nor is it limited to direct human interaction as machine-to-machine connections and applications proliferate rapidly;

3.  Notes that both fixed and mobile data traffic is growing exponentially and that a number of actions, such as further harmonised spectrum allocations for wireless broadband, increased spectrum efficiency and a rapid roll out of NGA networks, will be crucial to managing this increase;

4.  Considers therefore that the objective must be to establish EU global leadership in ICT infrastructure; in order to achieve this objective, 100% of basic broadband coverage must be delivered to all Europeans by 2013, giving at least 2Mbps service to all users in rural areas and much higher speeds to users in other areas; draws the Commission's attention to the fact that, in order to counter a digital divide, basic coverage in rural areas will need to take account of increasing transmission requirements for innovative internet services such as e-government, e-health or e-learning; takes the view that, when considering how such targets should be funded, utmost account should be taken of competition in order to avoid market distortions and to allow the market to deliver solutions in the first instance;

5.  Notes that, to be on track for the 100Mbps target, in 2015 around 15% of EU households should have subscriptions with at least that speed;

6.  Recalls the importance of realising the objectives of the Digital Agenda, i.e. ensuring that all EU citizens have access to broadband speeds of not less than 30Mbps by 2020 and making it possible for the EU to have the highest possible broadband speeds and capacity; underlines that, to achieve the EU2020 broadband targets, the Digital Agenda must establish benchmarks for the intermediate years 2013, 2015, and 2018, both at EU level and at national level;

7.  Highlights the need to make best use of all available technologies, including mobile and satellite, to achieve broadband coverage in rural areas, mountainous regions and islands in the most cost-efficient manner, without undue burdens on consumers, Member States' regions or the industry;

8.  Notes that the future allocation of radio spectrum must pave the way for European leadership in wireless applications and new services; points out that access to low radio frequency bands, with their propagation characteristics supporting wide-area coverage, is crucial to facilitating wireless broadband coverage in rural, mountainous and island regions, allowing access to all foreseeable internet services; emphasises that Europe must remain at the forefront of scientific research and technological innovation in the field of wireless services; notes that it is essential to facilitate access to broadband infrastructures, including user equipment on the ground, in order to assist the take-up of broadband satellite internet services on an affordable basis in rural areas, mountainous and island regions, and to help users have access to all foreseeable internet services;

9.  Recommends facilitating the prompt exploitation of the ‘Digital Dividend’ for new mobile broadband services through a harmonised and technology-neutral pan-EU approach, giving economies of scale and avoiding detrimental cross-border interference issues, while not interfering with existing Digital TV/HDTV reception based on international standards; emphasises the need for the EU to support projects and experiments with ‘wireless cities’;

10.  Considers it essential for teaching and research institutes to have access to broadband infrastructures in order to ensure the free movement of knowledge for the purpose of preparing younger generations and making the EU competitive; calls on the Commission and the Member States to develop European and national programmes to facilitate and provide funding for access to broadband infrastructure for all teaching and research institutions by 2015; considers that by 2015 all European research and academic institutions should be connected by ultra high-speed Gbps networks, creating an intranet for the single European research area;

11.  Calls on Member States to promote and extend high-speed open-access connectivity to important public infrastructure (schools, hospitals and other public institutions) located in remote areas, as a means of improving public service and anchoring high-speed connectivity in remote regions, thereby decreasing investment costs for local private distribution;

12.  Suggests that the Member States be urged to implement public policies to support the introduction of new technologies and that the introduction of digital teaching methods be promoted; calls on the Commission to encourage exchanges of best practice between Member States and with countries outside the EU;

13.  Recalls that the new technologies and access to high-speed connections impact positively on citizens' education, including by creating good opportunities for distance learning particularly in the outermost regions, information, communications and recreation;

14.  Underlines the need for sustained research investment within the EU in both fixed and mobile future communication technologies; calls on the Commission to continue to develop joint technology initiatives in these areas, involving universities, research institutes, device manufacturers and service and content providers; considers that these platforms provide the optimum means of developing and exploiting new technology and will give the EU a significant competitive advantage;

15.  Notes that broadcasters should be able to offer a high standard of pluralist audiovisual content, using existing broadcasting platforms, including terrestrial platforms as well as broadband networks, in particular for on-demand services, provided that the broadband networks fulfil the same requirements in terms of quality of service and seek to maximise their spectrum efficiency and coverage;

16.  Asks the Commission, in order to create a coherent, consistent and effective EU structure marshalling all resources, to urgently present an appropriate proposal for a strategic plan containing a single framework for all aspects of EU cyber security, to ensure full protection and resilience of network and critical information infrastructures, including minimum safety standards and certifications, a common terminology, cyber incident management and a roadmap on cyber security; takes the view that such a plan should define the contributions required from each actor, including the Commission, Member States, ENISA, Europol, Eurojust, EU and national computer emergency response teams and other relevant EU and national bodies and authorities, as well as the private sector, and also address the EU's role and representation internationally;

17.  Considers that universal service obligations could eventually become an additional incentive to the development of broadband and encourages the Commission to quickly review the scope of universal service in this respect;

18.  Invites Member States, in close cooperation with all stakeholders, to set national broadband plans and adopt operational plans with concrete measures to implement the 2013 and 2020 targets set in the Digital Agenda; calls on the Commission to study these plans, to propose optimal solutions and to coordinate their implementation with the Member States;

Broadband for economic growth, innovation and global competitiveness

19.  Considers that new high-speed networks and services are needed to foster the EU's international competitiveness and to create high-quality employment;

20.  Believes that the combination of competition and carefully selected targets, in both infrastructure and services, provides the best basis for sustainable investment, innovation and take-up; nevertheless stresses that in some cases more cooperation between stakeholders can also foster investment;

21.  Considers that high-capacity broadband networks and fibre in the access networks (FTTH) are essential from the perspective of both end-users and their future needs and economic development, given the ever more extensive use of broadband applications;

22.  Recommends promoting a competitive market for investment in, and utilisation of fixed and wireless broadband infrastructure; notes that a competitive market is a catalyst for additional investment and innovation by communications, applications and content providers, as well as a vital platform for the digital economy; acknowledges the fact that a robust broadband platform will connect government, individual and business users in locations on both sides of the Atlantic, and that therefore the EU and the US in particular should pursue bold agendas to promote broadband;

23.  Encourages the Commission, the Body of European Regulators for Electronic Communications (BEREC) and the service providers to work to find a common approach by 2013 to strengthening the single market for business and communications across the EU;

24.  Highlights, with a view to achieving competitive mobile markets, the importance of competitive and timely allocation of spectrum for wireless broadband through the Radio Spectrum Policy Programme, and calls on the Member States to make available the 800MHz band by 2013, while respecting existing services;

25.  Recalls that the digital world and ICT are engines of innovation and that access to high speed broadband is therefore an essential pre-condition in all European Innovation Partnerships (EIPs), as it enhances cooperation and participation by citizens;

26.  Highlights the importance of public pre-commercial procurement of R&D-based solutions for the aforementioned sectors as a means to stimulate a virtuous cycle of technological development and demand for high-speed broadband services;

27.  Takes the view that the public funding earmarked for broadband services can be an effective lever to boost the competitiveness of EU regions if it is channelled into the development of up-to-date, new-generation infrastructure with a high transmission capacity in areas that have a major broadband connection deficit; believes that such areas, in particular those with a large industrial base and a high population density, could very swiftly benefit from the innovative and creative potential of new services available to individuals and businesses;

28.  Considers that the extension of broadband networks, primarily in rural areas, will facilitate better communications, particularly for persons with reduced mobility or living in isolated conditions, as well as improving access to services and encouraging the development of SMEs in rural areas, thereby helping to create new jobs and develop new services in these localities;

29.  Regrets that the EUR 1 billion in funding announced in 2008 in the European economic recovery plan with reference to 100% broadband coverage by the end of 2010 has not been allocated and that this objective has not been achieved; calls on the Commission and the Member States to allocate the necessary amounts to achieve the target of ensuring 100% broadband coverage by 2013 when the current multiannual financial framework is reviewed;

30.  Stresses the urgent need to establish a competitive digital single market working as a spearhead to open up the internal market for all EU citizens; calls for the establishment of a ‘one-stop-shop’ for VAT in each Member State in order to facilitate cross-border e-commerce for SMEs and entrepreneurs;

31.  Maintains that the strong demand for connectivity, which simultaneously boosts the profile of the EU online economy, contributes to EU network readiness and responds to the societal changes taking place within the single market, should be backed by the appropriate funds and solid competition infrastructure needed for realisation of the European Broadband project;

32.  Emphasises that broadband services are key to the competitiveness of EU industry and greatly contribute to EU economic growth, social cohesion and quality employment, as well as to the participation of all regions and social groups in digital life in the EU; believes that the successful implementation of the ‘Broadband Package’ is critical to tackling unemployment, particularly among young people, by the provision of smart, sustainable and inclusive growth in Europe as envisaged by the Europe 2020 strategy;

33.  Welcomes the Commission's initiative to convene a Digital Assembly in June 2011;

Incentivising investment and competition

34.  Highlights the need for measures by Member States and the industry sector aimed at achieving broadband for all, to be focused on the demand side and to avoid distorting the market or creating an undue burden on the sector;

35.  Notes that the potential risks involved in building costly next-generation broadband infrastructure are high, with long payback periods; states that regulation should not dissuade investment in this infrastructure and should ensure that all market players have sufficient incentives to invest;

36.  Stresses that the cost of infrastructure investments needs to be financed by the market; notes, however, that, where open infrastructure is unlikely to be installed through market forces within a reasonable period, the broadband state aid framework and targeted use of Community funds, including through the EIB, structural funds and EAFRD, may be the most progressive complementary means of accelerating broadband roll-out; calls on the Commission in its review of the state aid guidelines on broadband to provide a stable and consistent framework which supports competition and efficient investment in open networks and to allow the flexible allocation of EU funds within the respective programming periods;

37.  Supports all measures that will help reduce the cost of civil engineering and stresses the need for innovative services to stimulate take-up; underlines the need to promote new skills and competencies to provide innovative services and to adapt to technological change, and considers that investment in new, open and competitive networks must be underpinned by measures taken by local, regional and national authorities so as to reduce costs; calls for public (national and EU) funds to be earmarked for the development of broadband communications infrastructures in isolated, sparsely populated or outlying areas which are insufficiently attractive to providers in cost-benefit terms;

38.  Highlights the need for better guidance on broadband investment for local and regional authorities in order to encourage the full absorption of EU funds, as expenditure figures for the Structural Funds suggest that the regions have difficulty in absorbing the available funds and targeting them on broadband projects; considers that state aid for broadband investment should be used in synergy with structural funds to stimulate local entrepreneurship and the local economy, create local jobs and promote competition in the telecom market; believes that to make maximum use of limited public funding, whether by the Member States directly or via the EU, such funding needs to have a clear focus on those projects where it can be expected to have the maximum effect in private investment in order to further increase both coverage and capacity; emphasises the need for public funds or preferential loans, in accordance with the Commission's guidance on state aid, which should be targeted towards future-proof, long-lasting and open infrastructures which support competition and consumer choice;

39.  Stresses that actions in this area are undertaken predominantly at local level, and endorses the Commission's efforts to develop and improve mechanisms that will enable local actors to obtain relevant information to reduce investment costs; considers that, for broadband plans to become fully operational, not only must the Commission and the Member States cooperate, but regional and local authorities must also be involved in devising the plans;

40.  Recognises that regulatory certainty is needed to promote investment and address barriers in next-generation networks, and encourages the national regulatory authorities (NRAs) to pursue pro-competitive policies ensuring transparency and non-discrimination on the wholesale telecom market, which would enable all competitors to have fair access to the infrastructure; calls on Member States to comply with EU telecoms rules and on NRAs to implement the NGA recommendation; calls on the Commission to apply more elements incentivising investment within the regulatory framework and to provide stimulus to use synergies from infrastructure projects;

41.  Highlights the importance of competitive markets in achieving affordable broadband, and emphasises the need for swift implementation by Member States and NRAs of the revised EU telecoms framework and the Recommendation on Next Generation Access;

42.  Notes the need for clear guidelines to Member States to ensure funds are directed in a timely manner at key broadband objectives while respecting cost efficiency and proportionality of the measures;

43.  Calls for the establishment of an investment-friendly framework for NGA and high-speed (mobile and satellite) wireless access that, inter alia, ensures legal certainty and promotes investment, competition and technology-neutrality, leaving technology choices to the market;

44.  Calls on Member States to ensure non-discriminatory access to civil works and to facilitate access to ducts, thereby lowering the investment threshold substantially;

45.  Calls on the Commission, supported by the Member States, to map unserved and underserved areas;

46.  Notes that in order to maximise broadband availability and adoption, EU policy must encourage the deployment of efficient and affordable networks, applications, access equipment, services and content; encourages Member States to develop e-government, e-democracy, e-learning and e-health services, which will boost the demand for broadband;

47.  Stresses that where market forces are capable of delivering competitive broadband access, government policy should promote private-sector investment and innovation by removing barriers to deployment;

48.  Supports the Commission's work with the European Investment Bank (EIB) to improve funding of fast and ultra-fast networks, and emphasises the need for such funding to be directed towards open infrastructure projects supporting a diversity of services;

49.  Welcomes the Commission's proposal to explore new financing sources and innovative financing instruments; to that end supports the creation of an EU project bonds system which, in collaboration with the EIB and guaranteed by the EU budget, will respond to the current financing gap resulting from reluctance on the part of private investors and the serious constraints on national budgets; urges the Commission, therefore, to move forward as soon as possible with concrete legislative proposals for the implementation of this alternative source of financing for major infrastructure projects carrying European added value;

50.  Continues to encourage appropriate public-sector investment and organisational models, in particular involving local authorities, public-private partnerships and tax incentive schemes for the roll-out of fast and ultra-fast networks; stresses the importance of government policies being coordinated at all levels;

51.  Calls on the Commission and the Member States to agree on an EU Broadband Deployment Pact with a view to coordinating national and European funding programmes and private investment more effectively, in accordance with the Commission's State Aid Guidelines, targeting rural areas in particular, and ensuring the necessary coordination with consistent output indicators on an EU-wide scale;

52.  Calls for the establishment of a single high-level EU task force with representation of all relevant stakeholders, including users and providers of electronic networks and services, NRAs and BEREC, to assist in developing a future ICT infrastructure strategy and specific information society services;

53.  Calls on the Commission to safeguard the principles of the neutrality and openness of the internet and to promote the ability of end-users to access and distribute information and run applications and services of their choice; instructs the Commission to assess whether the implementation of the revised EU telecoms framework requires specific guidance rules;

54.  Calls on the Member States to establish what measures can be taken to facilitate market penetration by new operators with a view to encouraging a competitive environment;

55.  Emphasises that regulatory measures taken by Members States regarding the imposition of functional separation should only be taken as an exceptional measure after an analysis of the expected impact on the regulatory authority, the undertaking, in particular its workforce and its incentives to invest in its network; this impact assessment should be discussed with all stakeholders, including the representatives of the workforce;

Consumer benefits

56.  Notes the Commission's intention to produce guidance on costing and non-discrimination, key principles in the EU framework, and encourages the Commission to support competition in fast and ultra-fast networks and allow all operators fair access to the infrastructure, in order to ensure a wide choice of services, fair network access rates and affordable prices for consumers, and to incentivise efficient investment and rapid switchover to fast and ultra-fast networks;

57.  Calls on the Commission and the Member States to address social digital exclusion and other impediments that have kept some populations offline, particularly low-income communities and people with disabilities, and to require all relevant stakeholders to provide: training and public access to broadband services, economic assistance for the acquisition of broadband services and equipment, and incentives for the development of technology and content aimed at specific users' needs;

58.  Calls on the Commission, in order to achieve feasible interactive services and enable monitoring of the broadband targets, to specify more qualitative characteristics of broadband access, including download and upload speeds, latencies, speeds experienced by users and the characteristics needed for the efficient performance of such services; welcomes the Commission's work on developing a methodology to measure relevant aspects of actual user experience;

59.  Stresses the difference between theoretical network speeds and actual user experience since the user experience is also linked to website capacity and congestion etc; calls on the Commission in conjunction with BEREC to refine its measurements of delivered broadband speeds and adjust its targets accordingly, and calls on BEREC to develop EU guidelines to ensure that advertised broadband speeds appropriately reflect the average up- and download speeds users can actually expect and to ensure comprehensive consumer information about the services offered, in order to secure transparency on the benefits of new technology, promote comparability and enhance competition; asks BEREC to ensure that typical broadband speeds experienced by consumers are advertised fairly in the interests of transparency on the benefits of new technology for upload and download; calls on NRAs to take measures against providers that do not comply with BEREC recommendations;

60.  Reiterates the importance of future high-speed services that will deliver the EU's energy efficiency and safety objectives and other communications capabilities (e.g. efficient and intelligent transport systems, and person-to-person, person-to-machine and machine-to-machine communication systems);

61.  Notes that new fibre-optics networks offer consumers high-quality access at consistently higher speeds than existing technology; believes that it would be expedient to prioritise the development of fibre-optics-based broadband in areas where it represents the most economic and sustainable solution in the long term;

62.  Asks the Commission to present a report annually to Parliament on broadband offerings and choice effectively available to users in the EU, as well as on progress towards implementing the framework for electronic communications and the NGA recommendation;

63.  Calls on the Commission to coordinate best practices among the Member States in the field of publicly accessible, free, high-speed WiFi networks in public transport;

64.  Emphasises that the development of new information and communications technologies, together with broadband internet, is a great opportunity to further improve communication and dialogue between the citizens and institutions of the European Union;

65.  Calls on the Commission to come up with more detailed assessments regarding the impact that certain broadband-related technologies, in particular person-to-person, person-to-machine and machine-to-machine communication systems, could have on health; emphasises the need for the EU to constantly monitor and assess the health risks of wireless internet so that citizens are not exposed to health-damaging radiation;

E-Initiatives: promoting demand

66.  Calls for specific measures to be taken to ensure that SMEs can fully enjoy the potential of broadband in the fields of e-commerce and e-procurement; calls on the Commission to exchange best practices and to consider taking on board a specific programme for SMEs and broadband connectivity as part of the Digital Agenda;

67.  Stresses that, in order to optimise its impact and its benefits to society, broadband deployment should be coupled with demand-awareness information and educational programmes;

68.  Calls on the Member States to step up efforts to address e-skills shortages at all educational levels and through lifelong education for all citizens, with a special focus on those with poor IT skills; points out that investment in broadband in the EU can only be successful if the technical investment goes hand in hand with investment in citizens' IT skills; emphasises the role of new technologies in education and notes that technological literacy is henceforth not only an objective but also an essential tool for achieving lifelong learning and social cohesion;

69.  Calls on the Member States and industry to empower people to develop new skills through comprehensive re-skilling and training programmes and to accompany technological change by active labour market policies;

70.  Calls on the Member States to take heed of the Commission's recommendations in its e-government action plan by using e-procurement, adopting an open strategy for access to public sector data, promoting electronic identity and ensuring pan-European and worldwide signature interoperability; recalls that all actions should be directed towards simplifying bureaucratic interaction with public administrations;

71.  Calls on the Commission to accelerate public procurement operations using online resources and electronic invoicing (e-invoice initiative);

72.  Supports initiatives such as e-health and a pan-European health information infrastructure to enhance patients' autonomy and quality of life; states that, in view of the ageing EU population, such services should be accessible anywhere, anytime, including over mobile devices and should above all be affordable; believes that in order to implement the pan-European health information infrastructure of a patient-centred health system, the following actions need to be realised:

73.  Supports innovative broadband services directed towards the maritime sector, and welcomes the discussion by the Commission and the Member States on a new e-maritime initiative building on the SafeSeaNet project, which, it is envisaged, will also address information related to logistics, customs, border control, environment, fishing operations, communications, and security and safety issues;

74.  Calls on the Commission to promote the use of the latest generation of satellites as an innovative use of broadband communications in projects of European added value, including furthering the use of the Global Maritime Distress and Safety system, and the new-generation Broadband Global Area Network and maritime FleetBroadband services;

75.  Recalls the need to connect the Digital Agenda with the provisions of new growth-generating services such as e-trade, e-health, e-learning, and e-banking;

76.  Underlines the importance of a robust privacy framework for the EU and welcomes the ongoing review of the Data Protection Directive;

o
o   o

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

(1) OJ L 251, 25.9.2010, p. 35. (2) Texts adopted, P7_TA(2011)0220. (3) OJ C 235, 30.9.2009, p. 7. (4) Texts adopted, P7_TA(2010)0207. (5) OJ C81 E, 15.3.2011, p. 45. (6) OJ C 117 E, 6.5.2010, p. 206. (7) OJ C 8 E, 14.1.2010, p. 60. (8) OJ C 146 E, 12.6.2008, p. 87. (9) OJ C 287 E, 29.11.2007, p. 364. (10) OJ C 291 E, 30.11.2006, p. 133. (11) OJ C 133 E, 8.6.2006, p. 140. (12) OJ C 104, 14.4.1999, p. 128.

European Parliament resolution of 6 July 2011 on a comprehensive approach on personal data protection in the European Union (2011/2025(INI))

P7_TA(2011)0323 A7-0244/2011

The European Parliament,

–  having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 thereof,

–  having regard to the Charter of Fundamental Rights of the European Union, in particular its Articles 7 and 8, and to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), in particular Article 8 on the protection of private and family life and Article 13 on effective remedy,

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

–  having regard to Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters(2),

–  having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(3),

–  having regard to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)(4),

–  having regard to Council of Europe Convention 108 of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data that Directive 95/46/EC develops and the additional protocol thereto of 8 November 2001 regarding supervisory authorities and transborder data flows, and to the Committee of Ministers' recommendations to Member States, in particular Recommendation No. R (87) 15 regulating the use of personal data in the police sector and Recommendation CM/Rec. (2010)13 on the protection of individuals with regard to automatic processing of personal data in the context of profiling,

–  having regard to the Guidelines for the regulation of computerised personal data files issued by the United Nations General Assembly in 1990,

–  having regard to the Commission communication to Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘A comprehensive approach on personal data protection in the European Union’ (COM(2010)0609),

–  having regard to the Council conclusions concerning the Commission communication entitled ‘A comprehensive approach on personal data protection in the European Union’(5),

–  having regard to the opinion of the European Data Protection Supervisor (EDPS) of 14 January 2011 concerning the Commission communication entitled ‘A comprehensive approach on personal data protection in the European Union’,

–  having regard to the joint contribution by the Article 29 Data Protection Working Party and the Working Party on Police and Justice to the consultation of the European Commission on the legal framework for the fundamental right to protection of personal data entitled ‘The Future of Privacy’(6),

–  having regard to Opinion 8/2010 of the Article 29 Data Protection Working Party concerning applicable law(7),

–  having regard to its previous resolutions on data protection and its resolution on the Stockholm Programme(8),

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

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Industry, Research and Energy, the Committee on the Internal Market and Consumer Protection, the Committee on Culture and Education and the Committee on Legal Affairs (A7-0244/2011),

A.  whereas the Data Protection Directive 95/46/EC and the EU Telecoms Package Directive 2009/140/EC make the free flow of personal data within the internal market possible,

B.  whereas data protection legislation in the EU, the Member States and beyond has developed a legal tradition that must be maintained and further elaborated,

C.  whereas the core principle of the 95/46/EC Data Protection Directive remain valid, but different approaches in Member States' implementation and enforcement thereof have been observed; whereas the EU must equip itself – after a thorough impact assessment – with a comprehensive, coherent, modern, high-level framework able to protect effectively individuals' fundamental rights, in particular privacy, with regard to any processing of personal data of individuals within and beyond the EU in all circumstances, in order to face the numerous challenges facing data protection, such as those caused by globalisation, technological development, enhanced online activity, uses related to more and more activities, and security concerns (e.g. the fight against terrorism); whereas a data protection framework such as this can increase legal certainty, keep the administrative burden to a minimum, provide a level playing field for economic operators, boost the digital single market and trigger trust in the behaviour of data controllers and enforcement authorities,

D.  whereas violations of data protection provisions can lead to serious risks for the fundamental rights of individuals and the values of the Member States, so that the Union and the Member States must take effective measures against such violations; whereas such violations lead to a lack of trust on the part of individuals that will weaken expedient use of the new technologies, and whereas misuse and abuse of personal data should therefore be punishable by appropriate, severe and dissuasive sanctions, including criminal sanctions,

E.  whereas other relevant fundamental rights enshrined in the Charter and other objectives set out in the EU Treaties, such as the right to freedom of expression and information and the principle of transparency, must be fully taken into account when ensuring the fundamental right to protection of personal data,

F.  whereas the new legal basis set out in Article 16 TFEU and the recognition in Article 8 of the Charter of Fundamental Rights of the right to protection of personal data and in Article 7 thereof of the right to respect for private and family life as an autonomous rights fully necessitate and support a comprehensive approach to data protection in all fields in which personal data are processed, including the field of police and judicial cooperation in criminal matters, the field of Common Foreign and Security Policy (CFSP) without prejudice to the specific rules laid down in Article 39 TEU, and the field of data processing by EU institutions and bodies,

G.  whereas it is of the utmost importance that a series of key elements is taken into account when legislative solutions are being considered, consisting in effective protection given under all circumstances, independently of political preferences within a certain time frame; whereas the framework must be stable over a long period, and limitations on the exercise of the right, where and if needed, must be exceptional, in accordance with the law, strictly necessary and proportionate, and must never affect the essential elements of the right itself,

H.  whereas the collection, analysis, exchange and misuse of data and the risk of ‘profiling’, stimulated by technical developments, have reached unprecedented dimensions and consequently necessitate strong data protection rules, such as applicable law and the definition of the responsibilities of all interested parties in terms of the implementation of EU data protection legislation; whereas loyalty cards (club cards, discount cards, advantage cards etc.) are being used more and more frequently by companies and in commerce, and are, or can be, used for customer profiling,

I.   whereas citizens do not shop online with the same security as they do offline, owing to fears of identity theft and lack of transparency as to how their personal information will be processed and used,

J.  whereas technology is increasingly making it possible to create, send, process and store personal data anywhere and at any time in many different forms, and whereas, against this background, it is crucially important that data subjects retain effective control over their own data,

K.  whereas the fundamental rights to data protection and privacy include the protection of persons from possible surveillance and abuse of their data by the state itself, as well as by private entities,

L.  whereas privacy and security are possible and are both of key importance for citizens, so that there is no need to chose between being free and being safe,

M.  whereas children deserve specific protection, as they may be less aware of risks, consequences, safeguards and rights in relation to the processing of personal data; whereas young people divulge personal data on social networking sites which are spreading rapidly on the internet,

N.  whereas effective control by the data subject and by national data protection authorities requires transparent behaviour on the part of data controllers,

O.  whereas not all data controllers are online businesses and thus new data protection rules must cover both the online and the offline environment, while taking possible differences between them into account,

P.  whereas national data protection authorities are subject to widely diverging rules in the 27 Member States, particularly with regard to their status, resources and powers,

Q.  whereas a strong European and international data protection regime is the necessary foundation for the flow of personal data across borders, and whereas current differences in data protection legislation and enforcement are affecting the protection of fundamental rights and individual freedoms, legal security and clarity in contractual relations, the development of e-commerce and e-business, consumer trust in the system, cross-border transactions, the global economy and the single European market; whereas, in this context, the exchange of data is of importance in enabling and ensuring public security at national and international level; whereas necessity, proportionality, purpose limitation, oversight and adequacy are preconditions for exchange,

R.  whereas current rules and conditions governing the transfer of personal data from EU to third countries have lead to different approaches and practices in various Member States; whereas it is imperative that data subjects' rights are fully enforced in third countries where personal data are transferred and processed,

Fully engaging with a comprehensive approach

1.  Strongly welcomes and supports the Commission communication entitled ‘A comprehensive approach on personal data protection in the European Union’ and its focus on strengthening existing arrangements, putting forward new principles and mechanisms and ensuring coherence and high standards of data protection in the new setting offered by the entry into force of the Lisbon Treaty (Article 16 TFEU) and the now binding Charter of Fundamental Rights, particularly its Article 8;

2.  Emphasises that the standards and principles set out in Directive 95/46/EC represent an ideal starting point and should be further elaborated, extended and enforced, as part of a modern data protection law;

3.  Underlines the importance of Article 9 of Directive 95/46/EC, which obliges Member States to provide for exemptions from data protection rules when personal data are used solely for journalistic purposes or the purpose of artistic or literary expression; in this context calls on the Commission to ensure that these exemptions are maintained and that every effort is made to evaluate the need for developing these exceptions further in the light of any new provisions in order to protect freedom of the press;

4.  Stresses that the technologically neutral approach of Directive 95/46/EC should be maintained as a principle of a new framework;

5.  Recognises that technological developments have on the one hand created new threats to the protection of personal data and on the other led to a vast increase in the use of information technologies for everyday and normally harmless purposes, and that these developments mean that a thorough evaluation of the current data protection rules is required in order to ensure that (i) the rules still provide a high level of protection, (ii) the rules still strike a fair balance between the right to protection of personal data and the right to freedom of speech and information, and (iii) the rules do not unnecessarily hinder everyday processing of personal data, which is typically harmless;

6.  Considers it imperative to extend the application of the general data protection rules to the areas of police and judicial cooperation, including processing at domestic level, taking particular account of the questionable trend towards systematic re-use of private-sector personal data for law enforcement purposes, while also allowing, where strictly necessary and proportionate in a democratic society, for narrowly tailored and harmonised limitations to certain data protection rights of the individual;

7.  Emphasises the need for the processing of personal data by institutions and bodies of the European Union, which is governed by Regulation (EC) No 45/2001, to be included within the scope of the new framework;

8.  Recognises that additional, enhanced measures may be needed in order to specify how the general principles set up by the comprehensive framework apply to specific sectors' activities and data processing, as already done in the case of the e-Privacy Directive, but insists that such sector-specific rules should in no circumstances lower the level of protection provided by the framework legislation, but should strictly define exceptional, necessary, legitimate, narrowly tailored derogations to general data protection principles;

9.  Calls on the Commission to ensure that the current revision of EU data protection legislation will provide for:

10.  Takes the view that the revised data protection regime, while fully enforcing the rights to privacy and data protection, should keep bureaucratic and financial burdens to a minimum and provide instruments enabling conglomerates perceived as single entities to act as such rather than as a multitude of separate undertakings; encourages the Commission to conduct impact assessments and carefully evaluate the costs of new measures;

Strengthening individuals' rights

11.  Calls on the Commission to reinforce existing principles and elements such as transparency, data minimisation and purpose limitation, informed, prior and explicit consent, data breach notification and the data subjects' rights, as set out in Directive 95/46/EC, improving their implementation in Member States, particularly as regards the ‘global online environment’;

12.  Underlines the fact that consent should be considered valid only when it is unambiguous, informed, freely given, specific and explicit, and that adequate mechanisms to record users' consent or revocation of consent must be implemented;

13.  Points to the fact that voluntary consent cannot be assumed in the field of labour contracts;

14.  Is concerned about the abuses stemming from online behavioural targeting and points out that, under the directive on privacy and electronic communications, the prior explicit consent of the person concerned is required for the display of cookies and for further monitoring of his or her web-browsing behaviour for the purpose of delivering personalised advertisements;

15.  Fully supports the introduction of a general transparency principle, as well as the use of transparency-enhancing technologies and the development of standard privacy notices enabling individuals to exercise control over their own data; stresses that information on data processing must be provided in clear, plain language and in a manner that is easily understandable and accessible;

16.  Underlines, furthermore, the importance of improving the means of exercising, and awareness of, the rights of access, of rectification, of erasure and blocking of data, of clarifying in detail and codifying the ‘right to be forgotten’(9) and of enabling data portability(10), while ensuring that full technical and organisational feasibility is developed and in place to allow for the exercise of those rights; stresses that individuals need sufficient control of their online data to enable them to use the internet responsibly;

17.  Stresses that citizens must be able to exercise their data rights free of charge; calls on companies to refrain from any attempts to add unneeded barriers to the right of access, or to amend or delete personal data; stresses that data subjects must be put in a position to know at any time what data have been stored, by whom, when, for what purpose and for what time period, and how they are being processed; emphasises that data subjects must be able to have data deleted, corrected or blocked in an unbureaucratic way and that they must be informed of any misuse of data or data breach; demands also that data be disclosed at the request of the person concerned and deleted, at the latest, when the person requests it; underlines the need to communicate clearly to data subjects the level of data protection in third countries; emphasises that the right of access includes not only full access to processed data about oneself, including its source and recipients, but also intelligible information about the logic involved in any automatic processing; emphasises that the latter will become even more important with profiling and data-mining;

18.  Points out that profiling is a major trend in the digital world, owing not least to the growing importance of social networks and integrated internet business models; calls on the Commission, therefore, to include provisions on profiling, while clearly defining the terms ‘profile’ and ‘profiling’;

19.  Reiterates the need to enhance obligations of data controllers with regard to provision of information to data subjects, and welcomes the attention given by the Communication to awareness-raising activities directed at the general public and also, more specifically, at young people; emphasises the need for specific procedures to deal with vulnerable persons, in particular children and the elderly; encourages the various actors to undertake such awareness-raising activities, and supports the Commission's proposal to co-finance awareness-raising measures on data protection via the Union budget; calls for the efficient dissemination in each Member State of information concerning the rights and obligations of natural and legal persons regarding the collection, processing, storage and forwarding of personal data;

20.  Points to the need to provide for specific forms of protection for vulnerable persons, especially children, for instance by requiring a high level of data protection to be used as the default setting and by taking appropriate specific measures to protect their personal data;

21.  Stresses the importance of data protection legislation acknowledging the need to specifically protect children and minors – in the light, inter alia, of increased access for children to internet and digital content – and emphasises that media literacy must become part of formal education with a view to teaching children and minors how to act responsibly in the online environment; to this end, particular attention should be given to provisions on the collection and further processing of children's data, the reinforcement of the purpose limitation principle in relation to children's data and to how children's consent is sought, and on protection against behavioural advertising(11);

22.  Supports further clarification and reinforcement of guarantees on the processing of sensitive data, and calls for reflection on the need to deal with new categories such as genetic and biometric data, especially in the context of technological (e.g. cloud computing) and societal developments;

23.  Stresses that personal data concerning a user's professional situation which is given to their employer should not be published or forwarded to third parties without the prior permission of the person concerned;

Further advancing the internal market dimension and ensuring better enforcement of data protection rules

24.  Notes that data protection should play an ever greater role in the internal market, and stresses that effective protection of the right to privacy is essential to gaining individuals' confidence, which is needed in order to unlock the full growth potential of the digital single market; reminds the Commission that common principles and rules for both goods and services are a prerequisite for a single digital market, as services are an important part of the digital market;

25.  Reiterates its call on the Commission to clarify the rules related to applicable law in the field of personal data protection;

26.  Considers it essential to reinforce data controllers' obligations to ensure compliance with data protection legislation by having in place, inter alia, proactive mechanisms and procedures, and welcomes the other directions suggested by the Commission communication;

27.  Recalls that in this context special attention must be paid to data controllers who are subject to professional secrecy obligations and that the building of special structures for data protection supervision should be considered in their case;

28.  Welcomes and supports the Commission's consideration of the introduction of a principle of accountability, as it is of key importance in ensuring that data controllers act in accordance with their responsibility; at the same time calls on the Commission to carefully examine how such a principle could be implemented in practice and to assess the consequences thereof;

29.  Welcomes the possibility of making the appointment of organisation data protection officers mandatory, as the experience of EU Member States which already have data protection officers shows that the concept has proved successful; points out, however, that this must be carefully assessed in the case of small and micro-enterprises with a view of avoiding excessive costs or burden upon them;

30.  Also welcomes, in this context, the efforts being made to simplify and harmonise the current notification system;

31.  Considers it essential to make Privacy Impact Assessments mandatory in order to identify privacy risks, foresee problems, and bring forward proactive solutions;

32.  Considers it of utmost importance that data subjects' rights are enforceable; notes that class-action lawsuits could be introduced as a tool for individuals to collectively defend their data rights and seek reimbursement of damages resulting from a data breach; notes, however, that any such introduction must be subject to limits in order to avoid abuses; asks the Commission to clarify the relationship between this communication on data protection and the current public consultation on collective redress; calls therefore for a collective redress mechanism for breach of data protection rules to allow data subjects to get compensation for the damages suffered;

33.  Highlights the need for proper harmonised enforcement across the EU; calls on the Commission to provide in its legislative proposal for severe and dissuasive sanctions, including criminal sanctions, for misuse and abuse of personal data;

34.  Encourages the Commission to introduce a system of mandatory general personal data breach notifications by extending it to sectors other than the telecommunications sector, while ensuring that (a) it does not become a routine alert for all sorts of breaches, but relates mainly to those that may impact negatively on the individual and (b) that all breaches without exception are logged and at the disposal of data protection or other appropriate authorities for inspection and evaluation, thus ensuring a level playing field and uniform protection for all individuals;

35.  Sees in the concepts of ‘privacy by design’ and ‘privacy by default’ a strengthening of data protection, and supports their concrete application and further development as well as the need to promote the use of Privacy Enhancing Technologies; highlights the need for any implementation of ‘privacy by design’ to be based on sound and concrete criteria and definitions in order to protect individuals' right to privacy and data protection, and to ensure legal certainty, transparency, a level playing field and free movement; believes that ‘privacy by design’ should be based on the principle of data minimisation, meaning that all products, services and systems should be built in such a way as to collect, use and transmit only the personal data that are absolutely necessary to their functioning;

36.  Notes that the development and broader use of cloud computing raises new challenges in terms of privacy and protection of personal data; calls, therefore, for clarification of the capacities of data controllers, data processors and hosts in order better to allocate the corresponding legal responsibilities and to ensure that data subjects know where their data are stored, who has access to their data, who decides on the use to which the personal data will be put, and what kind of back-up and recovery processes are in place;

37.  Calls on the Commission, therefore, to take due account of data protection issues related to cloud computing when revising Directive 95/46/EC, and to ensure that data protection rules apply to all interested parties, including telecom operators and non telecom operators;

38.  Calls on the Commission to ensure that all internet operators assume their responsibilities with regard to data protection, and urges advertising-space agencies and publishers to clearly inform internet users in advance about the collection of any data relating to them;

39.  Welcomes the newly signed agreement on a Privacy and Data Protection Impact Assessment Framework for Radio Frequency Identification (RFID) applications, which seeks to ensure consumer privacy before RFID tags are introduced onto a given market;

40.  Supports the efforts to further advance self-regulatory initiatives – such as codes of conduct – and the reflection on setting up voluntary EU certification schemes, as complementary steps to legislative measures, while maintaining that the EU data protection regime is based on legislation setting high-level guarantees; calls on the Commission to carry out an impact assessment of self-regulatory initiatives as tools for better enforcement of data protection rules;

41.  Believes that any certification or seal scheme must be of guaranteed integrity and trustworthiness, technology-neutral, globally recognisable and affordable, so as not to create barriers to entry;

42.  Is in favour of further clarifying, strengthening and harmonising the status and powers of national data protection authorities, and of exploring ways to ensure more consistent application of EU data protection rules across the internal market; emphasises, furthermore, the importance of ensuring coherence among the competencies of the EDPS, the national data protection authorities and Working Party 29;

43.  Emphasises in this context that the role and powers of the Article 29 Working Party should be strengthened in order to improve coordination and cooperation among the Data Protection Authorities of the Member States, especially in terms of the need to safeguard uniform application of data protection rules;

44.  Calls on the Commission to clarify in the new legal framework the essential notion of independence of national data protection authorities in the sense of absence of any external influence(12); stresses that the national data protection authorities should be given the necessary resources and be vested with harmonised investigative and sanctioning powers;

Strengthening the global dimension of data protection

45.  Calls on the Commission to streamline and strengthen current procedures for international data transfers – legally binding agreements and binding corporate rules – and to define on the basis of the personal data protection principles referred to above the ambitious core EU data protection aspects to be used in international agreements; stresses that the provisions of EU personal data protection agreements with third countries should give European citizens the same level of personal data protection as that provided within the European Union;

46.  Takes the view that the adequacy procedure of the Commission would benefit from further clarification and stricter implementation, enforcement and monitoring, and that the criteria and requirements for assessing the level of data protection in a third country or an international organisation should be better specified taking into account the new threats to privacy and personal data;

47.  Calls on the Commission to assess carefully the effectiveness and correct application of the Safe Harbour Principles;

48.  Welcomes the Commission's stance on reciprocity in levels of protection regarding data subjects whose data are exported to, or held in, third countries; calls on the Commission to take decisive steps towards enhanced regulatory cooperation with third countries with a view to clarifying the applicable rules and the convergence of EU and third-country data protection legislation; calls on the Commission to bring this forward as a priority agenda item in the relaunched Transatlantic Economic Council;

49.  Supports the Commission's efforts to enhance cooperation with third countries and international organisations, including the United Nations, the Council of Europe and the OECD, as well as with standardisation organisations such as the European Committee for Standardisation (CEN), the International Organisation for Standardisation (ISO), the World Wide Web Consortium (W3C) and the Internet Engineering Task Force (IETF); encourages the development of international standards(13), while ensuring that there is coherence among initiatives for international standards and current revisions in the EU, the OECD and the Council of Europe;

o
o   o

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

(1) OJ L 281, 23.11.1995, p. 31. (2) OJ L 350, 30.12.2008, p. 60. (3) OJ L 8, 12.1.2001, p. 1. (4) OJ L 201, 31.7.2002, p. 37. (5) 3071st Justice and Home Affairs Council meeting, Brussels, 24 and 25 February 2011, available at http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/119461.pdf. (6) 02356/09/EN WP 168. (7) 0836/10/EN WP 179. (8) For example: European Parliament position of 23 September 2008 on the draft Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (OJ C 8 E , 14.1.2010, p. 138); European Parliament recommendation of 26 March 2009 to the Council on strengthening security and fundamental freedoms on the internet (OJ C 117 E , 6.5.2010, p. 206); European Parliament resolution of 25 November 2009 on the Communication from the Commission to the European Parliament and the Council – An area of freedom, security and justice serving the citizen – Stockholm programme (OJ C 285 E , 21.10.2010, p. 12). (9) There must be clear and precise identification of all the relevant elements underpinning this right. (10) Portability of personal data will facilitate the smooth functioning of both the single market and the internet and its characteristic openness and interconnectivity. (11) Consideration could be given to an age threshold for children below which parental consent is sought and to age verification mechanisms. (12) In line with Article 16 TFEU and Article 8 of the Charter. (13) See the Madrid Declaration: Global Privacy Standards for a Global World October 2009 and Resolution on International Standards adopted by the 32nd International Conference of Data Protection and Privacy Commissioners, Jerusalem 27-29 October 2010.

European Parliament legislative resolution of 6 July 2011 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 and repealing Directives 87/250/EEC, 90/496/EEC, 1999/10/EC, 2000/13/EC, 2002/67/EC, 2008/5/EC and Regulation (EC) No 608/2004 (17602/1/2010 – C7-0060/2011 – 2008/0028(COD))

P7_TA(2011)0324 A7-0177/2011

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (17602/1/2010 - C7-0060/2011)(1),

–  having regard to the opinion of the European Economic and Social Committee of 18 September 2008(2),

–  having regard to its position at first reading(3) on the Commission proposal to Parliament and the Council (COM(2008)0040),

–  having regard to the undertaking given by the Council representative by letter of 22.6.2011 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 Article 294(7) 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 (A7-0177/2011),

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 6 July 2011 with a view to the adoption of Regulation (EU) No.../2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1169/2011.)

(1) OJ C 102 E, 2.4.2011, p 1. (2) OJ C 77, 31.3.2009, p. 81. (3) Texts adopted of 16.6.2010, P7_TA(2010)0222.

European Parliament legislative resolution of 6 July 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 facilitating the cross-border exchange of information on road safety related traffic offences (17506/1/2010 – C7-0074/2011 – 2008/0062(COD))

P7_TA(2011)0325 A7-0208/2011

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (17506/1/2010 - C7-0074/2011)),

–  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2008)0151),

–  having regard to the undertaking given by the Council representative by letter of 22 June 2011 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 Article 294(7) 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 Transport and Tourism (A7-0208/2011),

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

2.  Approves the joint statement by Parliament and the Council annexed to this resolution;

3.  Takes note of the Commission statements annexed to this resolution;

4.  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 6 July 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council facilitating the cross-border exchange of information on road safety related traffic offences

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2011/82/EU.)

ANNEX

Joint statement by the European Parliament and the Council on correlation tables

The agreement reached between the European Parliament and the Council on the proposal for a Directive facilitating cross-border exchange of information on road safety related traffic offences in the trilogue of 20 June 2011 does not prejudge the outcome of the ongoing inter-institutional discussions on correlation tables.

Commission statement on correlation tables

The Commissions recalls its commitment towards ensuring that Member States establish correlation tables linking the transposition measures they adopt with the EU directive and communicate them to the Commission in the framework of transposing EU legislation, in the interest of citizens, better-law making and increasing legal transparency and to assist the examination of the conformity of national rules with EU provisions.

The Commission regrets the lack of support for the provision included in the proposal for a Directive of the European Parliament and of the Council on a Directive facilitating cross-border enforcement in the field of road safety, which aimed at rendering the establishment of correlation tables obligatory.

The Commission, in a spirit of compromise and in order to ensure the immediate adoption of that proposal, can accept the substitution of the obligatory provision on correlation tables included in the text with a relevant recital encouraging Member States to follow this practice.

However, the position followed by the Commission in this file shall not be considered as a precedent. The Commission will continue its efforts with a view to finding together with the European Parliament and the Council an appropriate solution to this horizontal institutional issue.

Commission statement on road safety guidelines

The Commission will examine the need to develop guidelines at EU level in order to ensure greater convergence in the enforcement of road traffic rules by Member States through comparable methods, practices, standards and frequency of controls, in particular in relation to speeding, drink-driving, non-use of seatbelts and failing to stop at a red traffic light.

(1) OJ C 45 E, 23.2.2010, p. 149.

European Parliament legislative resolution of 6 July 2011 on the draft Council regulation laying down the multiannual financial framework for the years 2007-2013 (16973/3/2010 – C7-0024/2011 – 2010/0048(APP))

P7_TA(2011)0326 A7-0253/2011

(Special legislative procedure – consent)

The European Parliament,

–  having regard to the draft Council regulation (16973/3/2010),

–  having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1),

–  having regard to the request for consent submitted by the Council in accordance with Article 312 of the Treaty on the Functioning of the European Union (C7-0024/2011),

–  having regard to the questions for oral answer on behalf of its Committee on Budgets to the Council (O-0074/2010 - B7-0310/2010) and to the Commission (O-0075/2010 - B7-0311/2010) of 20 May 2010 and the debate in plenary on 15 June 2010,

–  having regard to its resolution of 22 September 2010 on the proposal for a Council regulation laying down the multiannual financial framework for the years 2007-2013(2),

–  having regard to Rules 75 and 81(1) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Budgets (A7-0253/2011),

A.  whereas the existing legal instrument laying down the multiannual financial framework needs to be amended following the entry into force of the Treaty of Lisbon,

B.  whereas all three institutions have addressed this requirement as follows:

C.  whereas Parliament considers that the current Interinstitutional Agreement on budgetary discipline and sound financial management continues to remain in force until the new regulation laying down the multiannual financial framework enters into force, with the exception of the articles which have become obsolete following the entry into force of the Treaty of Lisbon,

D.  whereas, despite the efforts of the Belgian and Hungarian presidencies-in-office, the Council has not demonstrated any willingness to enter into negotiations on the Lisbon package, as provided for in Article 312(5) of the Treaty on the Functioning of the European Union,

E.  whereas the reduction in the degree of flexibility in the multiannual financial framework proposed by the Council would curtail Parliament's powers and prerogatives in relation to those which it currently enjoys,

F.  whereas the Lisbon Treaty was not intended to bring about a reduction in the prerogatives of Parliament, and Parliament is not prepared to accept such a reduction,

1.  Declines to consent to the draft Council regulation laying down the multiannual financial framework for the years 2007-2013;

2.  Instructs its President to declare the legislative procedure closed and to forward its position to the Council, the Commission and the national parliaments.

(1) OJ C 139, 14.6.2006, p. 1. (2) Texts adopted, P7_TA(2010)0328.

European Parliament resolution of 6 July 2011 on the Commission Work Programme 2012

P7_TA(2011)0327 RC-B7-0381/2011

The European Parliament,

–  having regard to the Commission Communication on the Commission Work Programme for 2011 (COM(2010)0623/2),

–  having regard to the existing Framework Agreement on relations between the European Parliament and the Commission, in particular Annex 4 thereto,

–  having regard to the outcome of the regular dialogue of all Commissioners with the parliamentary committees and the summary report of the Conference of Committee Chairs of 7 June 2011 forwarded to the Conference of Presidents,

–  having regard to its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe(1),

–  having regard to its resolution of 23 June 2011 on the CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future(2),

–  having regard to its resolution of 6 July 2011 on the financial, economic and social crisis: recommendations concerning the measures and initiatives to be taken(3),

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

A.  whereas a review of the Framework Agreement is to be carried out by the end of 2011 in the light of practical experience, which will also provide an opportunity to improve internal working methods, e.g. as regards the regular dialogue, improving transparency and streamlining input from the committees, whilst drawing on available experience to the full in order to provide a sound basis for the preparation of Parliament's priorities,

B.  whereas the financial crisis and the measures taken to address it are still having significant effects on the economies of the Member States and the stability of the eurozone,

C.  whereas the Commission must act to the fullest extent of its legal powers and political authority; whereas the European Union cannot function effectively unless the Commission identifies, gives practical expression to and promotes the general interest of its Member States and citizens and efficiently performs its duty of overseeing the implementation of the Treaties and EU law,

D.  whereas the Commission has a key role in shaping the EU's future and should use its next work programme to promote the Union's objectives and values, strengthen ownership of the EU project, lift the EU out of the crisis and ensure that it is represented and maintains its respected position in the world,

E.  whereas one of the challenges facing the Commission when drafting its programme is to fight against its own long-established sectoral approach and instead create synergies between policies, ensure coherence between objectives and methods, and mainstream observance of core principles such as non-discrimination, respect for fundamental rights and equality before the law into all its legislative or non-legislative measures,

RESTORING GROWTH FOR JOBS: ACCELERATING TOWARDS 2020

1.  Recalls that the EU budget needs to reflect the EU's policy priorities; reiterates the need to introduce new own resources and to increase investment at EU level to help achieve the objectives of the EU2020 Strategy;

2.  Calls, therefore, for open and constructive dialogue and cooperation to be initiated at EU level on the purpose, scope and direction of the Union's multiannual financial framework (MFF) and the reform of its revenue system, including a conference on own resources involving Members of the European Parliament and the national parliaments;

3.  Recalls its guidelines for the MFF after 2013, as adopted in the report by its Special Committee on the budgetary challenges and budgetary resources for a sustainable Union after 2013 entitled'Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe‘; recalls that Parliament's consent, given on the basis of a report of the Committee on Budgets, is compulsory for the adoption of the MFF by the Council; recalls that, in accordance with Articles 312(5) and 324 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament must be properly involved in the process of negotiating the next MFF;

4.  Urges the Council and Commission to comply with the Treaty of Lisbon and make every effort to swiftly reach an agreement with Parliament on a practical working method for the next MFF negotiating process; recalls the link between a reform of revenue and a reform of expenditure, and calls, accordingly, for a firm commitment to discuss, in the context of the next MFF negotiations, the proposals on new own resources;

5.  Calls for the proposals on the Common Strategic Framework (CSF) covering the Cohesion Fund, the European Regional Development Fund (ERDF), the European Agricultural Fund for Rural Development (EAFRD) and the European Fisheries Fund (EFF) to be presented as early as possible, and calls on the Commission to put forward a proposal for a European Parliament and Council regulation, having as its legal basis Articles 289(1) and 294 of the Treaty on the Functioning of the European Union; also urges the Commission to present a new proposal for a European Parliament and Council regulation on the European Union Solidarity Fund;

6.  Highlights the importance of putting forward as a matter of urgency the proposal concerning the European Social Fund as a key tool in combating unemployment and reducing social inequalities and poverty by improving education and vocational training; considers that greater emphasis should be placed on youth unemployment, which is alarmingly high, and on the problem of early school-leavers;

7.  Calls on the Commission to continue its work and cooperation with Parliament and the Council on improving the quality of legislation; in this context, also calls on the Commission and Council to ensure that correlation tables are systematically included in all legislative acts to clearly demonstrate how EU law is being transposed into national law and that it is being applied effectively;

8.  Emphasises the crucial importance of the proper and timely implementation of EU law through Member States' national legislation, and urges the Commission to use its executive power and, if necessary, open infringement proceedings to ensure proper transposition and effective enforcement;

9.  Urges the Commission to bring the acquis into line with the provisions of Articles 290 and 291 TFEU as soon as possible, in accordance with a clear timetable, and therefore calls on it to submit the requisite legislative texts;

Financial Market regulation: completing the reform

10.  Stresses that the economic crisis still remains to be addressed by means of the development of an economic governance framework with the power to enforce fiscal discipline and coordination, stabilise monetary union and raise the level of investment in productive jobs; urges the Commission to put forward as soon as possible proposals for a permanent crisis mechanism managed under Union rules, a feasibility study on the setting-up of a system for the common issuance of European sovereign bonds on the basis of joint and several liability and proposals to fully integrate the EU2020 strategy into the stability framework and for a single external representation arrangement for the eurozone;

11.  Points out that, as regards financial regulation, measures to improve the resilience of the financial system and the capacity to absorb losses need to be accompanied by measures to stop the build-up of risk and measures to reduce the costs of failure; underlines, in this respect, the need for better monitoring of risk accumulation by banks, the separation of banking activities and utility functions, and robust proposals to handle bank failures in a more orderly way; underlines, furthermore, in this context the need to regulate entities intimately linked to banking systems and providing similar functions but not subject to the same regulation (‘shadow banking’);

12.  Calls on the Commission to put forward as a matter of urgency:

13.  Calls on the Commission to present to Parliament in 2012:

14.  Stresses the need to keep the focus on investor protection and investor confidence; considers that initiatives to restore confidence in the financial system are essential and should entail a wide-ranging review of due diligence practices, moral hazard in cross-border groups, the incentive and remuneration system and the broader transparency and accountability of the financial system;

15.  Stresses the credit rating agencies' significant role in the development and worsening of the eurozone debt crisis and the implications for the European banking sector; urges the Commission, therefore, to propose without delay a revised legislative framework to enhance regulation and supervision of the credit rating agencies; considers that the creation of a European Credit Rating Agency would introduce a welcome plurality of approaches;

Smart growth

16.  Strongly encourages the Commission to submit a legislative proposal for the next Framework Programme for research, technological development and demonstration activities by the end of this year that promotes public-private partnerships, reduces red tape, improves the multidisciplinary approach and increases the participation of smaller players and innovative firms in projects; considers it necessary to increase the R&D budget for the next financing period so that the EU does not fall even further behind its competitors, given the massive increase in R&D spending in some other regions of the world (such as the USA and, especially, China), and in order to fully support the objectives of the EU 2020 Strategy;

17.  Urges the Commission to implement a more risk-tolerant and trust-based approach to its R&D programmes in order to reduce red tape and increase the participation of innovative firms in projects;

18.  Highlights the need to mobilise financing for high-speed network investments; stresses that broadband for all is essential for Europe to compete globally and to ensure that no European is left behind;

19.  Calls on the Commission in its 2012 Work Programme to work closely with Member States to ensure correct and timely transposition of the 2009 reforms to the communications framework legislation; notes, in particular, the need to enforce market access obligations and other consumer benefits, including enhanced contract and price information and number portability measures;

20.  Notes the need to address in the 2012 Work Programme a number of areas responding to new technology developments, while enhancing the Digital Single Market; these should include ‘cloud computing’, the ‘Internet of Things’, e-signatures and cyber security;

21.  Expects the Commission to ensure that the measures to cut data roaming charges will become fully effective in 2012;

22.  Stresses the importance of an ICT strategy and of completing the European Digital Single Market, which will provide huge growth opportunities for industries and SMEs in cross-border commerce, bring people closer together, reshape the way in which they work and live, provide new tools for education and training, and improve access to public services and open data; asks the Commission, therefore, to increase support for ICT so that the EU can lead the way in emerging markets such as health technologies and greener transport and electricity networks;

23.  Recalls the growing importance of intellectual property rights (IPR) for the economic growth and creative potential of Europe and stresses that adequate protection of those rights must be guaranteed; calls on the Commission to provide prompt follow-up with concrete review proposals in this field; stresses the importance of IPR for the cultural and creative industries and for access to cultural goods and services;

Sustainable growth

24.  Calls on the Commission to improve its climate strategy in order to foster the EU's leading role in combating climate change and at the same time to strengthen the EU's competitiveness and achieve a balanced international agreement;

25.  Calls for a comprehensive EU external energy strategy that incorporates raw materials and rare earths issues and prioritises open, global markets; calls also for a sustainable, competitive and integrated EU energy policy under which the variety and relative share of energy sources and security of energy supply would be addressed together as part of a cohesive approach, and considers the completion of the internal energy market to be of pivotal importance to European competitiveness and growth; calls on the Commission to step up the development of an integrated European energy network by coming forward with the proposals highlighted in its energy infrastructure package;

26.  With a view to achieving the objective of a single market in energy in 2014, calls on the Commission to monitor the implementation of EU legislation in the fields of energy and energy efficiency and to adopt the relevant implementing measures without delay, and urges the Commission to introduce any new proposals needed to achieve these goals;

27.  Calls for an urgent revision of the Nuclear Safety Directive with a view to its strengthening, namely by taking into account the results of the stress tests implemented in the aftermath of the Fukushima accident;

28.  Calls on the Commission to bring forward a proposal for the 7th Community Environment Action Programme and for a strong integrated biodiversity strategy;

29.  Considers that the CAP reform should ensure that the CAP is closely aligned with the goals of the EU 2020 Strategy and that sustainability is placed at the heart of the CAP in order to secure the long-term viability of European food production, while also enhancing farmers' competitiveness and innovation capacity, promoting rural development, maintaining the diversity of farming types and production and avoiding red tape;

30.  Urges the Commission to assess the functioning of the Early Warning and Response System and the Rapid Alert System for Food and Feed with a view to addressing possible shortcomings;

31.  Calls on the Commission to bring forward a legislative proposal to prohibit the placing on the market of foods derived from cloned animals and their offspring, and requests the Commission to submit a new legislative proposal on novel foods;

32.  Expresses strong regret at the delay in the TEN-T guidelines and the airport package proposals; welcomes the White Paper on the Future of Transport and urges the Commission to come forward with the legislative proposals envisaged therein as soon as possible; considers that an integrated and interoperable European railway market still remains to be achieved, and believes that priority shall be given to timely revision of the TEN-T guidelines in order to develop a comprehensive multimodal transport network with efficient co-modality and interoperability; asks the Commission, therefore, to bring forward a legislative proposal on the railway sector and on the extension of the competences of the European Railway Agency in the field of certification and safety; insists there is a pressing need for better financing of the TEN-Ts and for improving coordination via cohesion funding;

33.  Insists on the need for a European Charter for passenger rights in all modes of transport to be introduced by the Commission in 2012;

34.  Insists on the need for full implementation of the Single European Sky, including the establishing of the Functional Airspace Blocks and SESAR to meet future airspace capacity and safety needs; deplores the failure to ensure the gradual lifting of restrictions on liquids, aerosols and gels in air passenger transport, which should remain a priority for the Commission;

35.  Stresses the need for a comprehensive and ambitious reform of the common fisheries policy, rejecting calls for re-nationalisation, and for this to include the integration of an ecosystem approach, regionalisation, clearly defined measures for small-scale fisheries, a new impetus for the European aquaculture sector and serious efforts to combat illegal, unregulated and unreported fishing and discards; expresses its concern that the Commission might not bring forward a new proposal on technical measures before 2013, when the existing transitional measures will expire;

Inclusive growth

36.  Welcomes the flagship initiatives on new skills for new jobs and the platform on poverty, but considers there to be too few legislative proposals in the field of employment and social affairs; calls on the Commission to bring forward a new social strategy in line with the main advances of the Lisbon Treaty while respecting the principles of subsidiarity and social dialogue in the field of wages and pensions and, in keeping with Article 153(5) TFEU, to respect the competences of the Member States and social partners and ensure the democratic legitimacy of the process through the involvement of the European Parliament;

37.  Calls for a strong EU-wide cohesion policy post-2013 and for the preparations for that future cohesion policy to streamline existing funds and programmes, ensure adequate financial resources and align the policy with the objectives of the EU2020 Strategy, while creating added value via synergies with other internal policies; expects the Commission to play a constructive mediating role throughout the procedures relating to the adoption of regulations covering cohesion policy, respecting the principle of co-decision, with a view to reaching an agreement in the legislative procedure as early as possible in order to prevent unfortunate delays and effectively overcome inherent start-up difficulties that might arise in the implementation of cohesion policy operational programmes for the next programming period;

38.  Supports initiatives aimed at reconciling work and family life and believes that the Commission should submit legislative proposals to address different types of leave – i.e. paternity, adoption and filial leave – and establish a European strategy based on best practices in the Member States aimed at creating the conditions for achieving the employment rate targets set in the EU2020 Strategy; welcomes the initiatives taken by the Commission to close the gender pay gap, but expresses regret that this pay gap remains a real challenge to be overcome, and reiterates its request for a strong commitment to addressing the multiple causes of pay inequalities between women and men through the revision of the existing legislation;

39.  Expresses regret that the Commission has still not brought forward a legislative proposal to fight violence against women within the framework of a comprehensive strategy with an adequate approximation of penalties;

40.  Expresses regret at the lack of a proposal and initiatives in the public health field and calls on the Commission to bring forward a legislative proposal on advanced therapy medicinal products; welcomes the Commission's intention to amend, in 2012, Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work; stresses that new factors and dates point to the need for a change and therefore urges the Commission to present the amending act as a matter of urgency, while also considering an extension of the scope of that directive in order to diminish the risk from substances toxic to reproduction and their presence in products, and to safeguard health and safety at work for European workers;

41.  Stresses that importance should be attached to the new multiannual programmes in the field of education, culture, audiovisual media, youth, sport and citizenship, which are key to the success of the EU2020 Strategy and to preserving multicultural and linguistic diversity in the EU, and which are a powerful force for social cohesion and integration; considers that actions and measures based on an adequate and efficient budgetary framework must be taken in order to guarantee that these well-established programmes continue to respond to the needs of the European public after 2013;

Tapping the potential of the Single Market for growth

42.  Calls on the Commission to be more systematic when applying the ‘SME test’, which has not been applied properly and consistently in all new legislative proposals, particularly at national level; calls therefore on the Commission to put forward minimum standards and requirements, based on best practice, for the SME test to be applied at EU and national level;

43.  Reiterates its support for the Single Market Act but urges the Commission to come forward with a proposal to modernise and simplify public procurement procedures for contracting authorities and SMEs, including the improvement of living and working conditions;

44.  Welcomes the Commission's proposals in its 2012 Work Programme to review consumer policy and legislative strategy, integrating initiatives across all the Commission's relevant services; notes, in particular, the need to ensure that consumers across the European Union receive the full protection offered by key legislation, such as the unfair commercial practices and consumer credit directives;

45.  Calls on the Commission to come up with an ambitious reform of the Professional Qualifications Directive to promote true mobility of workers in the EU by simplifying procedures for automatic recognition whilst respecting patient safety, increasing new graduates' mobility and reviewing some regulated professions or parts of it;

46.  Calls on the Commission to deliver a ‘justice for growth’ programme, improving access to justice for businesses and consumers and asks the Commission therefore to bring forward, as a priority, its proposal on alternative dispute resolution in civil and commercial matters as announced;

PURSUING THE CITIZENS' AGENDA: FREEDOM, SECURITY AND JUSTICE

47.  Regrets the absence of a legislative proposal on enhanced intra-EU solidarity in the field of asylum, and notes that work should continue on the asylum package in order to establish a common European asylum system guaranteeing a high level of protection and full respect for fundamental rights and preventing asylum law from being instrumentalised for other objectives;

48.  Is concerned by the failure to correctly implement the existing acquis on asylum (Dublin, Eurodac, reception procedure and qualification directive for protection of asylum seekers), meaning that common European standards are not guaranteed, thereby also undermining the sense of solidarity;

49.  Notes the Commission's ‘victims package’ and considers it highly important to strengthen the rights of and support for victims of terrorism and crime in the EU;

50.  Calls, therefore, on the Commission to ensure that the Schengen acquis is fully respected and that any proposal by the Commission should be dealt with using the European method; recognises the need for smart external borders and the necessity for better management of the external borders and an effective and credible external borders policy; considers that the control of access to EU territory is one of the core functions of an area without internal borders, that border control of the EU's external border must be continuously improved to respond to new migration and security challenges, and this is why a balanced visa policy must be established; calls in this context on the Commission to complete the establishment of the SIS II system, VIS and Eurodac, as well as the new IT agency; recalls that the effective and integrated management of EU external and internal borders and a Visa policy are closely connected and an essential tool for migration and asylum policy, including mobility and avoiding abuses; regrets that SIS II is still not operational and invites the Commission to step up efforts to put the system in place, and will continue to closely monitor the allocation of the EU budget thereto;

51.  Takes a positive view of amending the Sirene Manual, updating the Common Practical Handbook for Border Guards, the further development of a European border surveillance system (Eurosur) and the establishment of a system of European border guards in accordance with the Stockholm Programme;

52.  Welcomes the Commission's initiative to further clarify the conditions under which Member States' authorities are entitled to carry out border surveillance activities, to share operational information and to cooperate with each other and with Frontex; shares the idea that Frontex will play a major role in border control management and welcomes the agreement on the modification of its legal framework to enable it to be more effective in terms of its operational capacity on the external border;

53.  Believes strongly that the forthcoming proposals on a review of Directive 95/46/EC and of the Data Retention Directive should be ambitious, going beyond the insufficient protection offered by the Framework Decision on data protection in the former third pillar; stresses the importance of addressing key cyber security and privacy issues in relation to cloud computing and the ‘Internet of things’; stresses that data protection should be ambitious also in the context of fighting terrorism; calls on the Commission to respect EU data protection when negotiating with third countries, stressing that Parliament will carefully scrutinise all proposals, including EU-PNR and an EU system for extraction of financial data and any EU PNR agreements with third countries (with negotiations currently under way with the US, Canada and Australia) for their compliance with fundamental rights;

EUROPE IN THE WORLD: PULLING OUR WEIGHT ON THE GLOBAL STAGE

54.  Emphasises that the values, principles and commitments upon which the EU has been built should be the core guiding principles of a united foreign policy; stresses that the Commission must fully cooperate with the European External Action Service, not only concerning enlargement, development, trade and humanitarian aid, but also on external aspects of internal policies, ensuring greater policy coherence in the EU's action, notably between trade policy and industrial policy, in order to use trade as a genuine instrument for growth and job creation in Europe; emphasises the importance of the HR/VP in establishing a coherent and united foreign policy;

55.  Calls for a strengthened European military capability through increased pooling of resources in order to improve the EU's ability to respond quickly and effectively to external crises and to strengthen transatlantic security;

European Neighbourhood Policy

56.  Emphasises that revision of the external financial assistance instruments should be seen as an opportunity to strengthen European external policy, particularly during the current process of transition towards democracy in the Southern Neighbourhood; calls for more flexibility and rapidity in disbursing financial assistance to eligible countries in crisis situations; stresses the need for the Commission to strengthen the capacities of the beneficiary countries to assume ownership of the assistance and in this way maximise its impact; asks the Commission to build on lessons learnt from the previous generation of external financial instruments and address the concerns raised by the Court of Auditors;

57.  Welcomes the Commission's review of the European Neighbourhood Policy and expects concrete proposals on how to further develop the two multilateral dimensions of the ENP, drawing particular attention to the Arab countries that are aspiring to democracy; emphasises that a new impetus is necessary; welcomes the proposals set out in the Commission Communication from May 2011 on the ENP review and calls for a speedy implementation of concrete measures to re-engage with the EU's close neighbours; stresses that the EU's commitment to closer links with its neighbours will be made up by a combination of increased financial assistance, reinforced democracy support, market access and improved mobility; asks for a review of the Union for the Mediterranean, based on an evaluation of current shortcomings and in view of recent events linked to the Arab Spring;

EU enlargement

58.  Expects the Commission to continue its work on the accession negotiations; emphasises that, following the successful conclusion of the negotiations with Croatia, preparation of negotiations should continue with other candidate countries in the Western Balkans, stressing at the same time that these countries need to take all steps to fully and rigorously comply with all the Copenhagen criteria; in addition, particular attention should be given to the situation in Bosnia and Herzegovina and to the efforts to find a solution to the name dispute of the Former Yugoslav Republic of Macedonia; hopes that the ongoing talks on Cyprus will lead to a comprehensive settlement, expects Turkey to contribute to this process by fulfilling its obligations under the Ankara Protocol;

59.  Urges the Commission to engage with Kosovo to establish a visa liberalisation road map as soon as possible, as Kosovo is the only part of the Western Balkans having a visa regime with the EU; welcomes in this respect the recent agreement between Serbia and Kosovo;

A comprehensive trade policy

60.  Supports the efforts made by the Commission in all ongoing bilateral and regional trade negotiations in order to achieve a positive outcome for comprehensive and balanced trade agreements in 2012, which would significantly enhance EU trade perspectives and EU companies' opportunities worldwide; considers nevertheless that sustained EU efforts are needed to take advantage of the window of opportunity opened in 2011 in multilateral negotiations of the Doha Round which should pave the way for world economic stability;

61.  Considers that the European Union should reinforce its trade links with the other big economic and political players in the world, in particular the US, China, Russia, India, Japan and the BRIC countries, by using the existing cooperation means and instruments and expanding them whenever possible; calls on the Commission to ensure an enhanced association of Parliament in ongoing negotiations and in the definition of negotiating mandates for investment agreements; calls for the Commission to conclude negotiations on ongoing bilateral and regional free trade agreements, and to propose accompanying effective safeguard regulations; notes that these shall be considered as a complementary strategy and not as an alternative to the multilateral framework;

62.  Considers that the elimination of trade and investment barriers worldwide remains a key issue and an essential element of EU world trade strategy; notes, in this respect, that the recent 2011 Commission Report on Trade and Investment Barriers shows significant and unjustified barriers in our relations with strategic partners which limit market access to the major third countries; reiterates therefore its call to the Commission to be focused and tough in pursuing this agenda and to continue to fight against unjustified protectionist measures, while ensuring that trade policy remains a tool for job creation inside and outside Europe; calls on the Commission to make further efforts to identify and progressively eliminate non-tariff barriers to transatlantic trade and investment, notably in the area of mutual recognition and standardisation, making optimal use of the Transatlantic Economic Council, as a means to achieve a transatlantic market by 2015;

63.  Calls on the Commission to promote the inclusion in all trade agreements of binding provisions concerning human rights, social and environmental standards, as specified in several own-initiative reports adopted in 2010;

Development policies and humanitarian aid

64.  Requests that the Commission put forward an initiative in 2012 on the innovative financing of official development assistance (ODA), in order to fulfil commitments concerning the Millennium Development Goals; furthermore, calls for legislative proposals to address further tax havens, illicit flows of capital and misuse of price transfer as a follow-up to the Communication on ‘Promoting Good Governance in Tax Matters’;

65.  Asks the Commission to present a communication with concrete proposals on building an efficient link between humanitarian assistance and development, which should take into account the flexibility to allow linking relief, rehabilitation and development (LRRD) to take place in transition situations; supports the expansion of school meals programmes to cover all children in hunger hotspots, using locally produced foods and ending user fees for primary schools and essential health services, compensated by increased donor aid as necessary;

66.  Calls on the Commission to bring forward a legislative initiative to bring transparency to the extractive industries through legally binding measures at EU level, in order to allow developing countries access to revenues generated by their natural resources to help lift their communities out of poverty;

o
o   o

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

(1) Texts adopted, P7_TA(2011)0266. (2) Texts adopted, P7_TA(2011)0297. (3) Texts adopted, P7_TA(2011)0331.

European Parliament resolution of 6 July 2011 on EU legislation on Transmissible Spongiform Encephalopathies (TSE) and on related feed and food controls - implementation and outlook (2010/2249(INI))

P7_TA(2011)0328 A7-0195/2011

The European Parliament,

–  having regard to the Communication from the Commission to the European Parliament and the Council of 16 July 2010 entitled ‘The TSE Road Map 2: a Strategy Paper on Transmissible Spongiform Encephalopathies for 2010-2015’ (COM(2010)0384),

–  having regard to the Report from the Commission to the European Parliament and to the Council of 25 August 2010 on the overall operation of official controls in the Member States on food safety, animal health and animal welfare, and plant health (COM(2010)0441),

–  having regard to the Communication of the Commission to the European Parliament and the Council of 2 December 2010 on the future necessity and use of mechanically separated meat in the European Union, including the information policy towards consumers (COM(2010)0704),

–  having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(1),

–   having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(2) and the Report from the Commission to the Council and the European Parliament on the experience gained from the application of the Hygiene Regulations (COM(2009)0403),

–  having regard to Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(3),

–   having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(4) and the Report from the Commission to the Council and the European Parliament on the application of that Regulation (COM(2009)0334),

–  having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(5),

–  having regard to Directive 2003/99/EEC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC(6),

–  having regard to Regulation (EC) 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002(7),

–  having regard to its resolution of 8 March 2011 on the EU protein deficit: what solution for a long-standing problem?(8),

–  having regard to the Commission Decision amending Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programmes,

–  having regard to the Council Conclusions of 22 October 2010 on the above-mentioned Commission Communication of 16 July 2010 entitled ‘The TSE Road Map 2: a Strategy Paper on Transmissible Spongiform Encephalopathies for 2010-2015’,

–  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 (A7-0195/2011),

A.  whereas the occurrence of BSE in the European Union had reached epidemic proportions in the mid 1990s which led to the introduction of a series of measures aimed at the eradication of BSE and other TSEs,

B.  whereas the number of positive BSE cases in the EU has decreased from 2167 cases in 2001 to 67 cases in 2009; whereas, in the light of this decreasing number of cases, the legislation implemented during this period can be viewed as having contributed to the eradication of BSE and other TSEs in the EU and whereas, hand-in-hand with this declining epidemiological trend, the legislative provisions should be adapted in line with the actual situation in terms of risk,

C.  whereas, in view of the continuous declining number of BSE cases, the legislation on TSEs has been modified in recent years and consideration could be given to future changes while ensuring and maintaining the high level of animal and public health in the European Union; whereas these changes could include measures relating to SRM removal, review of the total feed ban provisions, eradication of scrapie, cohort culling and surveillance,

D.  whereas an increase in domestic protein crop production is indispensable in order to lower the dependence on soy imports and other protein sources,

General remarks

1.  Welcomes the Commission's TSE Road Map 2 - A Strategy Paper on Transmissible Spongiform Encephalopathies and its proposals for certain revisions of the current TSE legislation regime in the European Union; underlines, however, that certain provisions need thorough assessment and will only be supported under certain conditions;

2.  Underlines the importance of ensuring that the significant decline in BSE cases in the European Union does not lead to less stringent TSE measures or to a reduction in the strict control and surveillance mechanisms in the EU; takes note of the contribution of past and current TSE legislation to the eradication of TSEs in the EU;

BSE surveillance

3.  Takes note of the increase in age limits for TSE testing of bovine animals above 72 months in 22 Member States as introduced by the above-mentioned Commission Decision amending Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programmes;

4.  Urges the Commission to increase the age limits in the remaining Member States only if supported by sound risk assessments in order not to jeopardise a high level of animal health and consumer protection;

5.  Underlines that the surveillance mechanism is an important instrument in monitoring TSE in the EU; expresses its concern about another rise in the age limits for testing in bovine animals in view in particular of the sample size testing which will govern the BSE monitoring system in bovine animals from January 2013; calls on the Commission to inform Parliament about progress and new findings on the sample sizes to be chosen;

6.  Urges the Commission to maintain the testing of risk animals as an important element in continuing to monitor the trend of BSE cases in the EU and ensuring the early detection of any possible re-occurrence in the future;

Revision of the Feed ban

7.  Supports - particularly in the light of the existing protein deficit in the EU - the Commission proposal to lift the provisions banning the feeding of processed animal proteins to non-ruminants, provided that this applies to non-herbivores only, and that:

8.  Stresses that these measures must go hand in hand with a CAP aimed at linking crop and livestock production, the adequate use of grassland areas, increasing domestic protein production and supporting crop rotation systems;

9.  Urges the Commission to introduce measures which ensure that, if the feed ban is to be lifted, the possibility of cross-contamination of non-ruminant material with ruminant material through transportation channels is excluded;

10.  Calls on the Commission to investigate the need for separate authorisation for slaughterhouses in which both non-ruminant and ruminant animal by-products are produced, so as to ensure a clear separation of these by-products;

11.  Rejects the use of processed animal proteins derived from non-ruminants or ruminants in feed for ruminants;

12.  Calls on the Commission to assess the need to control imports of processed animal proteins in order to ensure that intra-species recycling, the use of category 1 and 2 material and violations of hygiene rules can be excluded; underlines that regular and unannounced on-site checks are also necessary to this end;

13.  Is in favour of critically examining the setting of a tolerance level for insignificant amounts of non-authorised, non-ruminant animal proteins in feeding stuffs caused through adventitious and technically unavoidable contamination, provided that a method of determining the proportion of these proteins is available;

SRM list

14.  Expects the Commission to maintain the strict standards contained in the EU SRM list; emphasises that these strict standards shall not be weakened by any attempts of the OIE to align EU standards to the OIE list;

15.  Urges the Commission to consider modifications to the EU SRM list only if supported by scientific facts, under the application of the precautionary principle, if risks to human and animal health can be excluded and if the safety of the food and feed chain can be guaranteed;

Research on TSEs

16.  Urges the Commission to further encourage genetic control of scrapie in sheep through breeding and rearing programmes aimed at avoiding inbreeding or genetic drift;

17.  Urges the Commission to put into place measures to encourage ongoing research on scrapie resistance in goats and on atypcial scrapie as this could contribute to the eradication of TSEs in the EU;

18.  Calls on the Commission to encourage ongoing research to develop ante-mortem and post-mortem rapid BSE-diagnostic tests;

19.  Dismisses the Commission proposal to reduce EU funding for research on TSEs;

Cohort culling

20.  Takes note of the Commission proposal to review the current cohort culling policy in the event of the occurrence of BSE in bovine herds; stresses that, prior to any change to the cohort culling policy, the following aspects must be taken into account in order to maintain a high level of consumer trust: (1) consumer protection, (2) any risks to human and animal health and (3) continuing the practice of enabling risk managers and legislators to take the necessary immediate action in the case of a re-emergence of BSE in the EU;

Food and feed safety

21.  Takes note of the above-mentioned Commission Report on the overall operation of official controls in the Member States in food safety, animal health and animal welfare, and plant health; points out that the report reveals certain shortcomings with regard to the quality of reports from the Member States and urges the Member States to improve the quality of reporting by improving the conduct of national audits with a view to ensuring fulfilment of the regulatory requirements, by singling out cases of non-compliance and by enhancing the performance of control authorities and food business operators; calls on the Commission to execute efficient monitoring of the controls performed by the Member States;

22.  Expresses its concern about the contamination of food and feed, e. g. with dioxin, and calls on the Member States to enforce and apply existing regulations on food and feed controls and risk management very strictly and if needed, to strengthen those rules and ensure harmonised implementation by using common guidelines across the internal market;

23.  Calls on the Commission and the Member States to take measures to ensure that the requirements laid down in Regulation (EC) No 1069/2009 and in implementing Regulation (EU) No 142/2011 relating to the treatment of animal by-products prior to their transformation into biogas and the use or disposal of digestion residues are complied with and illegal diversion into the feed chain is prevented; urges the Commission to monitor the way in which the current rules are implemented in the Member States to ensure a closed circuit for this activity;

Mechanically separated meat

24.  Expresses its concern about current EU legislation and implementation in the Member States on mechanically separated meat;

25.  Calls on the Member States to review their implementation of definitions of mechanically separated meat in line with the existing rules;

26.  Calls for mandatory labelling of mechanically separated meat in food in order to better inform consumers so they can make informed choices;

27.  Asks the Commission to inform third countries about any changes made to the TSE Regulation and measures related to TSEs;

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28.  Instructs its President to forward this implementation report to the Council and the Commission.

(1) OJ L 147, 31.5.2001, p. 1. (2) OJ L 226, 25.6.2004, p. 22. (3) OJ L 109, 6.5.2000, p. 29. (4) OJ L 165, 30.4.2004, p. 1. (5) OJ L 31, 1.2.2002, p. 1. (6) OJ L 325, 12.12.2003, p. 31. (7) OJ L 300, 14.11.2009, p. 1. (8) Texts adopted, P7_TA(2011)0084.

European Parliament resolution of 6 July 2011 on aviation security, with a special focus on security scanners (2010/2154(INI))

P7_TA(2011)0329 A7-0216/2011

The European Parliament,

–  having regard to the communication from the Commission to the European Parliament and the Council on the use of security scanners at EU airports (COM(2010)0311),

–  having regard to its resolution of 23 October 2008 on the impact of aviation security measures and body scanners on human rights, privacy, personal dignity and data protection(1),

–  having regard to Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security(2),

–  having regard to Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008(3),

–  having regard to Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down measures for the implementation of the common basic standards on aviation security(4),

–  having regard to the fifth report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of Regulation (EC) No 2320/2002 establishing common rules in the field of civil aviation security (COM(2010)0725),

–  having regard to its position of 5 May 2010 on the proposal for a directive of the European Parliament and of the Council on aviation security charges(5),

–  having regard to Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz)(6),

–  having regard to Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)(7),

–  having regard to Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the minimum health and safety requirements regarding exposure of workers to the risks arising from physical agents (artificial optical radiation) (19th individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)(8),

–  having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(9),

–  having regard to Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation(10),

–   having regard to the opinion of the European Economic and Social Committee's Section for Transport, Energy, Infrastructure and the Information Society on the communication from the Commission to the European Parliament and the Council on the use of security scanners at EU airports,

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

–  having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Civil Liberties, Justice and Home Affairs (A7-0216/2011),

Security scanners

A.  whereas security scanner is the generic term used for a technology that is capable of detecting metallic and non-metallic objects hidden in clothing; whereas detection performance lies in the scanner's ability to detect any prohibited object that the person screened may be carrying concealed in their clothing,

B.  whereas the EU's legal framework for aviation security provides for various screening methods and technologies that are considered capable of detecting prohibited items hidden in clothing, from which the Member States choose one or more; whereas security scanners do not currently figure on that list,

C.  whereas a number of Member States are currently using security scanners on a temporary basis - for a maximum of 30 months - at their airports, thereby exercising their right to conduct trials with new technologies (Chapter 12.8 of the annex to Commission Regulation (EU) No 185/2010),

D.  whereas Member States are entitled to apply more stringent measures than the common basic standards required by European legislation and may thus introduce security scanners on their territory; whereas, in this case, they must act on the basis of a risk assessment and in compliance with EU law; whereas these measures must be relevant, objective, non-discriminatory and proportional to the risk that is being addressed (Article 6 of Regulation (EC) No 300/2008),

E.  whereas the introduction of security scanners by the Member States in either of the above two cases makes genuine one-stop security impossible; whereas if the present situation continues the operating conditions that apply to the Member States will not be uniform and will therefore not benefit passengers,

F.   whereas the discussion about security scanners should not be held separately from the general debate on an integrated overall security policy for Europe's airports,

G.   whereas health is an asset to be preserved and a right to be protected; whereas exposure to ionising radiation represents a risk that should be avoided; whereas, therefore, scanners using ionising radiation whose effects are cumulative and harmful to human health should not be permitted in the European Union,

H.   whereas both EU legislation and the laws of the Member States already lay down rules on protection against health hazards that may arise from the use of technologies emitting ionising radiation and on limits for exposure to such radiation; whereas, therefore, scanners using ionising radiation should be prohibited in the European Union,

I.  whereas the Commission consulted the European Data Protection Supervisor, the Article 29 Working Party and the European Fundamental Rights Agency, and their replies contain significant elements regarding the conditions under which the use of security scanners at airports could comply with the protection of fundamental rights,

J.   whereas concerns over health and the right to privacy, freedom of thought, conscience and religion, non-discrimination and data protection need to be addressed in terms of both the technology involved and its use before the introduction of security scanners can be considered,

K.  whereas security scanners, in addition to ensuring a greater level of security than current equipment, should help speed up checks on passengers and cut waiting times,

Financing aviation security

L.  whereas the Council has not yet stated its standpoint on Parliament's position on the directive on aviation security charges,

Security measures for cargo

M.  whereas the most recent terrorist plots uncovered by the intelligence services aimed to use cargo to carry out attacks,

N.  whereas not only passengers but also cargo and mail are and must be subject to the appropriate security measures,

O.   whereas cargo and mail loaded on to passenger planes present a target for terrorist attacks; whereas, given that the level of security for cargo and mail is much lower than for passengers, security measures must be tightened for mail and cargo which is loaded on to passenger planes,

P.  whereas security measures concern not only airports but the entire supply chain,

Q.  whereas postal operators play an important role in the field of aviation security in managing mail and parcels, and whereas, pursuant to European legislation, they have invested significant sums of money and introduced new technologies to guarantee compliance with international and European security standards,

International relations

R.  whereas international coordination on aviation security measures is needed in order to guarantee a high level of protection, whilst avoiding a situation where passengers are subjected to successive checks, with the restrictions and additional costs these entail,

Training of security staff

S.   whereas initial and further training for security staff is crucial in order to guarantee a high level of aviation security, which must in turn be compatible with a way of treating passengers that preserves their dignity as individuals and protects their personal data,

T.  Whereas social, education and training standards for security staff should be integrated into the review of Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports(11),

General considerations

1.  Takes the view that an integrated approach to aviation security is needed, with one-stop security so that passengers, luggage and cargo arriving at an EU airport from another EU airport do not need to be screened again;

2.  Takes the view that some scanning methods that are effective and quick for passengers, given the time taken at checkpoints, constitute added value in the field of aviation security;

3.  Calls on the Commission to research the use of other techniques for detecting explosives, including solidmaterials, in the field of aviation security;

4.  Calls on the Commission and Member States to develop an integrated risk-analysis system for passengers who may with good reason be suspected of being a security threat and for checks on luggage and cargo, based on all available, reliable information, in particular that provided by the police, intelligence services, customs and transport undertakings; takes the view that the entire system should be informed by the search for effectiveness, and in full compliance with Article 21 of the EU Charter of Fundamental Rights on Non-discrimination and in line with EU legislation on data protection;

5.  Calls on the Commission and Member States to ensure effective cooperation, security management and exchange of information among all the authorities and services involved, and between the authorities and security and air transport undertakings, at both European and national level;

6.  Calls on the Commission to revise regularly the list of authorised screening methods and the conditions and minimum standards for their implementation, to take account of possible problems, practical experience and technological progress, in order to provide a high level of detection performance and protection of passengers' and workers' rights and interests, in keeping with that progress;

7.  Emphasises the importance of the fight against terrorism and organised crime, which constitute threats to the security of the European Union, as already identified in the Stockholm Programme, and to that end supports, in this context only, the use of security measures designed to prevent terrorist incidents that are prescribed by law, effective, necessary in a free and open democratic society, proportionate to the aim pursued and fully consistent with the EU Charter of Fundamental Rights and the European Convention on Human Rights (ECHR); recalls that the confidence of citizens in their institutions is essential and that a fair balance must therefore be struck between the need to ensure security and the safeguarding of fundamental rights and freedoms;

8.  Stresses, in that connection, that any counterterrorism measure should be fully consistent with fundamental rights and the obligations of the European Union, which are necessary in a democratic society, and must be proportionate, strictly necessary, prescribed by law and thus restricted to their specified purpose;

Security scanners

9.  Calls on the Commission to propose adding security scanners to the list of authorised screening methods, under the condition that it will be accompanied with appropriate rules and common minimum standards for their use, as set out in this resolution, only if the impact assessment that the European Parliament requested in 2008 has first been carried out which demonstrates that the devices do not constitute a risk to passenger health, personal data, the individual dignity and privacy of passengers and the effectiveness of these scanners;

10.  Believes that the use of security scanners must be regulated by common EU rules, procedures and standards that not only lay down detection performance criteria, but also impose the necessary safeguards to protect the health and fundamental rights and interests of passengers, workers, crew members and security staff;

11.  Believes that security scanners should serve to speed up the pace and tempo of checks at airports and reduce inconvenience to passengers, and thus calls on the Commission to take this aspect into account in its proposed legislation;

12.  Proposes, more specifically, that the Commission, having established common rules on the use of security scanners, should revise these rules on a regular basis and when necessary, to adapt the provisions on the protection of health, privacy, personal data and fundamental rights to technological progress;

Necessity and proportionality

13.  Believes that the escalating terrorist threat means that public authorities must take the protective and preventive measures demanded by democratic societies;

14.  Considers that the detection performance of security scanners is higher than that offered by current metal detectors, particularly with regard to non-metallic objects and liquids, whilst full hand-search is more likely to cause more irritation, waste more time and face more opposition than a scanner;

15.  Takes the view that the use of security scanners, provided that the appropriate safeguards are in place, is preferable to other less demanding methods which would not guarantee a similar degree of protection; recalls that, in the area of aviation security, the use of intelligence in a broad sense and well-educated airport security staff should remain our core priorities;

16.  Takes the view that concerns and demands regarding privacy and health can be resolved with the technology and methods available; considers that the technology now being developed is promising and that the best available technology ought to be used;

17.  Takes the view that the installation of security scanners, or the decision not to install them, falls within the responsibility and freedom of decision of the EU Member States; considers, however, that further harmonisation of the use of scanners is needed in order to create a coherent European aviation security area;

18.  Takes the view that when Member States install security scanners, they must comply with the minimum standards and requirements set by the EU for all the Member States, without prejudice to the latter's right to apply more stringent measures;

19.  Considers that Member States should supplement control points and security staff in order to ensure that passengers are not affected by the deployment of security scanners;

20.  Takes the view that people undergoing checks should be given a choice as to whether use security scanners whereby if they refuse, they would be obliged to submit to alternative screening methods that guarantee the same level of effectiveness as security scanners and full respect for their rights and dignity; stresses that such a refusal should not give rise to any suspicion of the passenger;

Health

21.  Points out that European and national legislation must be applied in accordance with the ALARA (As Low As Reasonably Achievable) principle in particular;

22.  Calls on the Member States to deploy technology which is the least harmful to human health and which offers acceptable solutions to the public's privacy concerns;

23.  Takes the view that exposure to doses of cumulative ionising radiation cannot be acceptable; believes, therefore, that any form of technology using ionising radiation should be explicitly excluded from use in security screening;

24.  Calls on the Commission to examine the possibility, under the next research framework programme, of using technology that is completely harmless to all members of the public and which at the same time guarantees aviation security;

25.  Calls on the Member States to periodically monitor the long-term effects of exposure to security scanners, taking new scientific developments into account, and to check that the equipment has been correctly installed and is properly used and operated;

26.  Insists that proper account be taken of specific cases and that fair and personalised treatment be given to passengers who are vulnerable in terms of health and the ability to communicate, such as pregnant women, children, elderly people, people with disabilities, and people with implanted medical devices (e.g. orthopaedic prostheses and pacemakers), as well as all persons having with them the medicines and/or medical devices they need to maintain their health (e.g. syringes, insulin);

Body images

27.  Believes that only stick figures should be used and insists that no body images may be produced;

28.  Stresses that data generated by the scanning process must not be used for purposes other than that of detecting prohibited objects, may be used only for the amount of time necessary for the screening process, must be destroyed immediately after each person has passed through the security control and may not be stored;

Prohibition of discrimination

29.  Takes the view that the operating rules must ensure that a random process of selection is applied and passengers must not be selected to pass through a security scanner on the basis of discriminatory criteria;

30.  Stresses that any form of profiling based on, for example, sex, race, colour, ethnicity, genetic features, language, religion or belief is unacceptable as part of the procedure concerning selection for or refusal of a security scan;

Data protection

31.  Considers that all security scanners should make use of a stick figure to protect passengers' identities and to ensure that they cannot be identified through images of any part of their body;

32.  Stresses that the technology used must not have the capacity to store or save data;

33.  Recalls that the use of security scanners must comply with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

34.  Emphasises that those Member States which decide to use security scanners should be able, in keeping with the principle of subsidiarity, to apply more rigid standards than those defined in the European legislation on the protection of citizens and their personal data;

Information for people scanned

35.  Takes the view that people undergoing checks should receive comprehensive information in advance, particularly regarding the operation of the scanner concerned, the conditions in place to protect the right to dignity, privacy and data protection and the option of refusing to pass through the scanner;

36.  Calls for Commission information campaigns on air passenger rights to include a section which also details passengers' rights regarding security screening and security scanners;

Treatment of people scanned

37.  Calls on the Commission and Member States to ensure that security staff receive special training in the use of security scanners in such a way as to respect passengers' fundamental rights, personal dignity, data protection and health; in that connection, considers that a code of conduct could be a very useful tool for the security staff in charge of scanners;

Financing aviation security

38.  Recalls its position of 5 May 2010 on aviation security charges;

39.  Takes the view that security charges should be transparent, that they should be used only to cover security costs and that Member States which decide to apply more stringent measures should finance the ensuing additional costs;

40.  Urges the Council to immediately adopt a position on aviation security charges at first reading, given that legislation on aviation security and legislation on aviation security charges are closely linked;

41.  Recommends that every passenger's ticket should show the cost of security measures;

Ban on liquids, aerosols and gels (LAG)

42.  Reiterates and upholds its standpoint that the ban on carrying liquids should come to an end in 2013, as laid down in EU law; therefore urges all parties concerned, the Commission, the Member States and the industry, to work closely together in order to ensure that the restrictions on the carriage of liquids on board aircraft are removed, for the benefit of passengers;

43.  Invites Member States and airports to take all necessary action to ensure that adequate technology is available in good time so that the scheduled end of the ban on carrying liquids does not have the effect of undermining security;

44.  Takes the view, in this context, that all those involved should take the necessary action to make the transition from a ban on carrying liquids, aerosols and gels to checks on those items as satisfactory and uniform as possible, guaranteeing passengers' rights at all times;

Security measures for cargo

45.  Takes the view that, on the basis of a risk analysis, checks on cargo and mail should be proportional to the threats posed by their transport and that adequate security should be guaranteed, particularly where cargo and mail are carried in passenger planes;

46.  Recalls that 100% scanning of cargo is not practicable; asks the Member States to continue their efforts to implement Regulation (EC) No 300/2008, and the corresponding Commission Regulation (EU) No 185/2010, in order to enhance security throughout the entire supply chain;

47.  Takes the view that the level of security for cargo still varies from one Member State to another and that, with a view to achieving one-stop security, the Member States should ensure that the existing measures relating to European cargo and mail are correctly applied and that regulated agents approved by another Member State are recognised;

48.  Believes that the Member States' security measures for air cargo and mail and the Commission's inspection of these measures have been stepped up, and therefore considers it absolutely essential to draw up a technical report with a view to identifying the weaknesses of the current cargo system and possible ways of remedying them;

49.  Calls on the Commission and Member States to strengthen screening and inspections concerning air cargo, including those relating to the validation of regulated agents for known consignors; stresses the need, to this end, to have more inspectors available at national level;

50.  Stresses the potential of customs information for calculating the risk associated with specific consignments, and asks the Commission to continue its work on the possible use of customs-related electronic systems for aviation security purposes; in particular by making use of the EU's Import Control System to improve cooperation between customs authorities;

51.  Asks the Commission to take all the necessary steps to ensure the safe transport of cargo originating in third countries, starting at the airport of origin, and to lay down criteria for determining high-risk cargo, identifying the responsibility of each of the various agents;

52.  Asks the Commission to ensure that the security programme takes account of the specific characteristics of all the players affected and reconciles security measures relating to the exchange of mail and cargo with the need to ensure a dynamic economy that continues to encourage trade, service quality and the development of e-commerce;

53.  Calls on the Commission to propose a harmonised system for the initial and further training of security staff in relation to cargo, in order to remain abreast of the latest technical developments in the field of security;

International relations

54.  Calls on the Commission and Member States to work with the International Civil Aviation Organisation (ICAO) and third countries on risk assessment and intelligence systems in the field of aviation security;

55.  Calls on the Commission and Member States to promote global regulatory standards within the framework of the ICAO in order to support the efforts made by third countries to implement those standards, move towards the mutual recognition of security measures and pursue the objective of effective one-stop security;

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56.  Believes that the comitology procedure is inappropriate in the aviation security sector, at least for measures having an impact on citizens' rights, and calls for Parliament to be fully involved through codecision;

57.  Expects the Commission to submit a legislative proposal in the course of the current parliamentary term on adapting Regulation (EC) No 300/2008, taking account of the Commission's own statement of 16 December 2010 in the context of the adoption of the regulation of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers;

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

(1) OJ C 15 E, 21.1.2010, p. 71. (2) OJ L 97, 9.4.2008, p. 72. (3) OJ L 91, 3.4.2009, p. 7. (4) OJ L 55, 5.3.2010, p. 1. (5) OJ C 81 E, 15.3.2011, p. 164. (6) OJ L 199, 30.7.1999, p. 59. (7) OJ L 184, 24.5.2004, p. 1. (8) OJ L 114, 27.4.2006, p. 38. (9) OJ L 281, 23.11.1995, p. 31. (10) OJ L 159, 29.6.1996, p. 1. (11) OJ L 272, 25.10.1996, p. 36.

European Parliament resolution of 6 July 2011 on women and business leadership (2010/2115(INI))

P7_TA(2011)0330 A7-0210/2011

The European Parliament,

–  having regard to the Fourth World Conference on Women, held in Beijing in September 1995, the Declaration and Platform for Action adopted in Beijing and the subsequent documents adopted at the United Nations Beijing +5, Beijing +10 and Beijing +15 Special Sessions, on 9 June 2000, 11 March 2005 and 12 March 2010 respectively, on further actions and initiatives to implement the Beijing Declaration and Platform for Action,

–  having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),

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

–  having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 2, 3, 4, 5, 21 and 23 thereof,

–  having regard to Article 2 of the Treaty on European Union, which sets out the values common to the Member States, including pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men,

–  having regard to Article 19 of the Treaty on the Functioning of the European Union, which refers to combating gender discrimination,

–  having regard to the Commission report on Progress on Equality between Women and Men 2011,

–  having regard to the Commission communication of 27 October 2010 entitled ‘Towards a Single Market Act for a highly competitive social market economy: 50 proposals for improving our work, business and exchanges with one another’ (COM(2010)0608),

–  having regard to the Commission communication of 21 September 2010 entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491),

–  having regard to the Commission Green Paper of 6 June 2010 on corporate governance in financial institutions and remuneration policies (COM(2010)0284),

–  having regard to the Commission communication of 5 March 2010 entitled ‘A Strengthened Commitment to Equality between Women and Men: A Women's Charter’ (COM(2010)0078),

–  having regard to the European Pact for Gender Equality adopted by the European Council in March 2006, and the new European Pact for Gender Equality adopted by the European Council on 7 March 2011,

–  having regard to Council Recommendation 96/694/EC on the balanced participation of women and men in the decision-making process,

–  having regard to the annual meeting of the World Economic Forum, held from 26 to 29 January 2011 in Davos, and the programme entitled ‘Women Leaders and Gender Parity’,

–  having regard to its resolution of 11 May 2011 on corporate governance in financial institutions(1),

–  having regard to its resolution of 8 March 2011 on equality between women and men in the European Union - 2010(2),

–  having regard to its resolutions of 15 June 1995 on the fourth World Conference on Women in Beijing: ‘Equality, Development and Peace’(3), of 10 March 2005 on the follow-up to the fourth World Conference on Women Platform for Action (Beijing +10)(4) and of 25 February 2010 on Beijing +15 – UN Platform for Action for Gender Equality(5),

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

–  having regard to the report of the Committee on Women's Rights and Gender Equality (A7-0210/2011),

A.  whereas gender equality is a fundamental principle of the European Union, enshrined in the Treaty on European Union and ranking among its objectives and tasks, and whereas the Union has set itself the specific task of mainstreaming gender equality in all its activities,

B.  whereas one of the Union's primary objectives should be to afford competent and qualified women access to jobs that are currently difficult for them to obtain, by removing the persistent barriers and gender inequalities that prevent women from advancing in their careers,

C.  whereas gender equality in employment must entail the advancement of men and women, without distinction, both within the labour market generally and in terms of their promotion to management posts at all levels, in the interests of social justice and of making full use of women's skills so as to strengthen the economy in the process, and must afford women the same career development prospects as men,

D.  whereas, in 2008, 59,5% of university qualifications awarded in the EU went to women, whereas women outnumber men in business, management and law faculties, but whereas, however, the proportion of women in the highest decision-making bodies of the largest publicly listed firms was only 10,9% in 2009,

E.  whereas other possible factors impeding women's representation may be a combination of sex-based discrimination, stereotypical behaviour patterns that tend to persist within companies and limited mentoring provision for women with management potential,

F.  whereas studies produced by the Commission and the private sector have demonstrated a correlation between companies' improved commercial and financial performance and the presence of women in their decision-making bodies; whereas the clear message is that meaningful representation of women at management level actually serves to enhance performance and commercial competitiveness,

G.  whereas it is therefore essential to introduce methods such as case studies and exchanges of good practice in this field, as well as affirmative action, in order to achieve optimal use of female human resources at all levels within companies,

H.  whereas, however – albeit with differences from country to country and between different occupational sectors – women currently make up only 10% of the membership of boards of directors of the largest listed companies in the EU, and only 3% of the CEOs of such companies are women, whereas the gender pay gap is still as high as 17,5% for the EU as a whole, and also applies to leadership positions,

I.  whereas the number of women in corporate boardrooms is currently increasing by only half a percentage point per year; whereas at this slow rate it will take another 50 years before corporate boardrooms contain at least 40% of each gender,

J.  whereas chambers of commerce and industry and the organisations that represent trade unions and employers have a long way to go to achieve a balanced representation of men and women, and this mirrors the low proportion of women in corporate management bodies; whereas, however, chambers of commerce and industry and the organisations that represent trade unions and employers can contribute to the dissemination and exchange of good practice in this respect,

K.  whereas it is incumbent on policymakers at both EU and Member State level and on companies to remove the barriers to women joining the labour market generally and management bodies in particular, and to offer women equal opportunities so that they can obtain senior posts, with a view to ensuring that all existing resources are efficiently utilised, that women's skills and strengths are channelled to best effect, that the best possible use is made of the Union's human potential, and that the EU's core values are defended, given that equality is a fundamental principle,

L.  whereas the proactive initiatives and measures taken by the private sector to increase female representation – such as in-company human-resources development with a view to improved career support for women, or the creation of networks, beyond the bounds of the company, to encourage women's participation and advancement as well as regular exchanges of good practice – have proved useful and should be encouraged even if they are not yet sufficient to alter the status quo within companies, and women remain under-represented at management level,

M.  whereas the Commission has announced that it will present legislative measures to ensure that publicly listed companies take effective measures to reach equal representation of women and men in boards, in case self-regulation fails to do so within the next 12 months,

1.  Welcomes the measures announced by the Commission on 1 March 2011, and in particular the Commission's intention to propose European legislation in 2012 if companies do not manage to achieve through voluntary measures the targets of 30% women on company boards by 2015 and 40% by 2020,

2.  Urges companies to reach the critical threshold of 30% female membership of management bodies by 2015 and 40% by 2020,

3.  Notes the clear progress on women's representation in Norway since the adoption in 2003 of legislation requiring a minimum of 40% of both women and men on boards of listed companies with a workforce of more than 500 and making provision for effective sanctions for non-compliance;

4.  Stresses that companies are required to ensure equal treatment of and equal opportunities for men and women at work and with this aim in view measures should be adopted to prevent any kind of discrimination;

5.  Welcomes the initiatives of Member States such as France, the Netherlands and Spain in setting thresholds, which companies have to achieve, for women's representation on management bodies, and is following the debate about women's representation in other Member States, such as Belgium, Germany and Italy; notes that demonstrating political will is the only way of speeding up the process of getting binding measures adopted to help ensure the balanced representation women and men in corporate management bodies;

6.  Welcomes Finland's Corporate Governance Code, under which firms' decision-taking bodies must contain both male and female representatives and there must be public disclosure of any non-compliance; notes that, because of the code, the proportion of women on Finnish firms' decision-taking bodies is now 25% and that, since the introduction of the code was announced, the proportion of stock exchange-listed firms with women on supervisory or management boards has increased from 51% to about 70%;

7.  Insists that recruitment to positions in corporate management bodies must be based on the competence required in the form of skills, qualifications and experience and that the principles of transparency, objectiveness, inclusiveness, effectiveness, non-discrimination and gender equality must be observed in corporate recruitment policies;

8.  Takes the view that cosideration should be given to introducing effective rules to prevent people from holding multiple positions on boards of directors, both in order to free up posts for women and to help ensure the effectiveness and independence of board members of medium-sized and large companies;

9.  Stresses that public enterprises listed on stock exchanges should set an example in implementing balanced representation of women and men on their boards and in management positions at all levels,

10.  Invites the Member States and the Commission to implement new policies to enable more women to become involved in managing companies, in particular by:

11.  Emphasises the problem of pay differentials within companies and, in particular, differences between the salaries of women in management positions and those received by their male counterparts; calls on Member States and the Commission to take measures to tackle the lingering pay inequality connected with traditional stereotypes which affect career development and are partly responsible for women's under-representation on corporate management bodies;

12.  Considers in particular that companies required to submit unabridged profit and loss accounts should be required to achieve balanced representation of women and men on their boards within a reasonable time frame;

13.  Encourages companies to adopt and implement corporate governance codes as a means of promoting gender equality on company boards, utilising peer pressure to influence organisations from within and implementing the ‘comply or explain’ rule, obliging companies to clarify why there is not at least one woman on the board;

14.  Takes the view that the Member States and the Commission should set up initiatives designed to address the fairer sharing of family care responsibilities not only within the family, but also between the family and society and reduce the disparities in the salaries earned by women and men for the same work; considers that specific measures should be taken to:

15.  Encourages senior corporate managers to raise their staffs' awareness of the career patterns of men and women and to become personally involved in career monitoring and support programmes for female executives in their companies;

16.  Calls on the Commission to:

17.  Invites the Commission to present a road map setting out specific, measurable and attainable targets for the achievement of balanced representation in enterprises of all sizes, and calls on the Commission to draw up a specific guide for small and medium-sized enterprises;

18.  Calls on the Commission to set up a website dedicated to good practice in this area, with a view to disseminating and exchanging best practice; stresses the importance of establishing a communication strategy in order to inform the public and the social partners effectively about the significance of such measures; therefore invites the Commission and Member States to launch targeted information campaigns;

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

(1) Texts adopted, P7_TA(2011)0223. (2) Texts adopted, P7_TA(2011)0085. (3) OJ C 166, 3.7.1995, p. 92. (4) OJ C 320 E, 15.12.2005, p. 247. (5) OJ C 348 E, 21.12.2010, p. 11.

European Parliament resolution of 6 July 2011 on the financial, economic and social crisis: recommendations concerning the measures and initiatives to be taken (2010/2242(INI))

P7_TA(2011)0331 A7-0228/2011

The European Parliament,

–  having regard to its decision of 7 October 2009(1) on setting up a special committee on the financial, economic and social crisis (‘the CRIS Committee’), and its powers, numerical composition and term of office, adopted under Rule 184 of its Rules of Procedure,

–  having regard to its decision of 16 June 2010 to prolong the mandate of the CRIS Committee until 31 July 2011(2),

–  having regard to its resolution of 20 October 2010 on the financial, economic and social crisis: recommendations concerning measures and initiatives to be taken (mid-term report)(3),

–  having regard to its resolution of 8 March 2011 on innovative financing at global and European level(4),

–  having regard to the ongoing legislative agenda of the European Union, notably with regard to Treaty change, economic governance, the Single Market Act and energy policies,

–  having regard to its conclusions following the proposals of its Special Committee on the Policy Challenges and Budgetary Resources for a Sustainable European Union after 2013 (SURE) concerning the new multiannual financial framework,

–  having regard to the contributions received from the following national parliamentary bodies: the Austrian Bundesrat, the Austrian Nationalrat, the Belgian Senate and House of Representatives, the National Assembly of Bulgaria, the Senate of the Czech Republic, the Chamber of Deputies of the Czech Republic, the Danish Folketinget, the Finnish Eduskunta, the French Assemblée Nationale, the German Bundestag, the German Bundesrat, the Greek Vouli Ton Ellinon, the National Assembly of Hungary, the Italian Chamber of Deputies, the Italian Senato della Repubblica, the Latvian Saeima, the Lithuanian Seimas, the House of Representatives of the Netherlands, the Polish Sejm, the Polish Senate, the Assembly of the Republic of Portugal, the Romanian Chamber of Deputies, the Romanian Senate, the National Council of Slovakia, the National Assembly of the Republic of Slovenia, the Swedish Riksdagen, and the UK House of Lords and House of Commons,

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

–  having regard to the report of the Special Committee on the Financial, Economic and Social Crisis (A7-0228/2011),

A.  whereas the social costs of the crisis are high, with employment falling in the EU by 1,8%, resulting in unemployment for 23 million economically active people (9,6% of the total), a youth unemployment rate of 21 %, uncertain prospects of an upturn in employment levels and 17% of EU citizens at risk of falling into poverty(5),

B.  whereas the popular uprisings on the southern shores of the Mediterranean Sea and in the Middle East may be seen as a consequence of, inter alia, economic and social deficiencies, inequalities and high unemployment affecting the younger educated generation in particular, and whereas they serve as a reminder of the value of democracy and as evidence that globalisation demands comprehensive responses concerning the recognition and observance of basic rights and freedoms and the righting of inequalities between countries and between different levels of society in each country,

C.  whereas three years after the collapse of Lehman Brothers, some steps have been taken to counter the financial crisis; whereas, however, further work is needed to establish a sustainable financial sector able to cope with excessive speculative behaviour and to finance the real economy, preferably through funding long-term investment needs and the creation of jobs; whereas the economic governance reforms have not sufficiently addressed the issue of imbalances at global and EU level,

D.  whereas the financial crisis has triggered an economic and social crisis leading in some countries to a political crisis,

E.  whereas output is forecast by the European Commission to fall by about 4,8% of GDP by 2013 and, over the next decade, to be significantly lower than over the last 20 years(6),

F.  whereas the crisis reveals a lack of trust, confidence and vision within the EU,

G.  whereas further building on the social market economy and its values is an essential goal of the European Union,

H.  whereas the number of people living in relative prosperity has increased, but economic and social gaps have at the same time widened,

I.  whereas the global financial crisis has had a severe impact on progress towards achieving the Millennium Development Goals (MDGs), and, in particular, the goal of halving global poverty by 2015,

J.  whereas the crisis has made clear the need for progress towards establishing a genuine economic governance of the Union, consisting of a systematic set of policies designed to ensure sustainable growth, good stable jobs, budgetary discipline, the correction of excessive macro-economic imbalances, competitiveness and productivity in the EU's economy, and stricter regulation and supervision of financial markets, as well as a suitable mechanism for resolving the financial crisis,

K.  whereas the European Parliament, in its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’, clearly stated that regardless of realisable savings, the EU budget, at its current overall level of 1 % of GNI, is not capable of closing the financing gap deriving from additional financing needs arising from the Treaty and from existing policy priorities and commitments; whereas the European Parliament is therefore convinced that an increase of at least 5 % in resources is needed for the next MFF as compared to the 2013 level,

L.  whereas in the same resolution, the European Parliament notes that the own resources ceiling has been unchanged since 1993; believes that the own resources ceiling might require some progressive adjustment as Member States confer more competences on, and fix more objectives for the Union; considers that while the current ceiling of own resources set unanimously by the Council provides sufficient budgetary leeway to meet the most pressing Union challenges but that it would still be insufficient for the EU Budget to become a real tool for European economic governance or to contribute in a major way to investing in the Europe 2020 strategy at EU level,

M.  whereas in order for sustainable growth to be guaranteed in the Union and for the objectives of the Europe 2020 strategy to be achieved, it is necessary to redeploy unused payment appropriations to joint programmes targeting growth, competitiveness and employment, and to leverage EIB loans and set up a project bond market that attracts public and private investors and can be used to fund joint projects of interest to the Union as a whole (bonds for specific projects),

I.European sovereign debt and the euro crisis, including the mutual issuance of public debt and Eurobonds

1.  Recalls the triangle of inter-linked vulnerabilities, whereby the unbalanced fiscal policy of some Member States has amplified the pre-crisis public deficits and the financial crisis has contributed significantly to a further ballooning of those deficits, followed by tensions in sovereign debt markets in some Member States;

2.  Stresses that, following the downgrading of the sovereign debt of Greece, Ireland and Portugal by credit rating agencies, there has been a spill-over effect across the eurozone countries and a shift in portfolios reflecting speculative and risk-averse behaviour by investors and that, as a consequence of this, market funding at sustainable rates has become inaccessible to Greece, Ireland and Portugal, resulting in the provision of financial assistance under EU-IMF programmes;

3.  Considers that the International Labour Organization (ILO) should be involved in the EU-IMF financial assistance programmes;

4.  Recalls that credit rating agencies played a significant role in the build-up to the financial crisis through the assignment of faulty ratings to structured finance instruments which had to be downgraded; agrees with the principles set out by the Financial Stability Board in October 2010 giving general guidance on how to reduce reliance on external credit ratings, and calls on the Commission to take into due consideration the public consultation that ended in January 2011;

5.  Calls for a transparent audit of public debt to be carried out in order to determine its origin and to ascertain the identity of the main holders of debt securities and the amounts involved;

6.  Notes that bilateral or multilateral approaches by Member States pose a threat to economic integration, financial stability and the credibility of the euro, and welcomes the principle of the European semester of economic policy coordination, the aim of which is to overcome excessive internal imbalances within the EU;

7.  Underlines the fact that the sovereign debt crisis has revealed the risks posed by intra-European imbalances; stresses the need for the EU to react as one, to develop a much closer coordination of fiscal policies and, where appropriate, a common one with a sufficient EU budget funded partly through own resources, and to put in place adequate provisions for crisis management and economic convergence;

8.  Highlights the need to rationalise Member States' expenditures through the EU budget, notably in areas where the EU has more added value than national budgets;

9.  Underlines that Member States' growth perspectives should be seen as a crucial element for the definition of the relative level of interest rates attached to that sovereign debt, in particular with respect to the assistance provided by the European Financial Stability Facility (EFSF) and, from 2013, by the European Stability Mechanism (ESM);

10.  Recognises the efforts which the highly indebted Member States are making to bring about budget consolidation and structural reforms;

11.  Stresses that parent banks originating in Member States also bear their share of responsibility for the irresponsible lending practices engaged in by their subsidiary banks in other EU Member States, which contributed inter alia to the real-estate bubbles in Spain, Ireland and Latvia, and the resulting budgetary difficulties which are currently being experienced by those Member States; notes, therefore, that the provision of financial assistance to those indebted Member States, were it to become necessary, would serve not only their particular interests but also the interests of those Member States in which the parent banks failed to develop responsible lending practices in their subsidiary banks in the first place;

12.  Underlines that all Member States have systemic importance; calls for a comprehensive, socially inclusive and cohesive reform package addressing the weaknesses of the financial system; calls for the development of the concept of a European Treasury to strengthen the economic pillar of EMU; calls, moreover, for measures to overcome the current lack of competitiveness through appropriate structural reforms, addressing the objectives of the Europe 2020 strategy and the fundamental causes underlying the public debt crisis wherever necessary; points out that the Member States need to return to sustainable public finances and growth rates, based on sound policies for quality public expenditure and fair and efficient revenue collection;

13.  Calls on the Commission to carry out an investigation into a future system of Eurobonds, with a view to determining the conditions under which such a system would be beneficial to all participating Member States and to the eurozone as a whole; points out that Eurobonds would offer a viable alternative to the US dollar bond market, and that they could foster integration of the European sovereign debt market, lower borrowing costs, increase liquidity, budgetary discipline and compliance with the Stability and Growth Pact (SGP), promote coordinated structural reforms, and make capital markets more stable, which will foster the idea of the euro as a global ‘safe haven’; recalls that the common issuance of Eurobonds requires a further move towards a common economic and fiscal policy;

14.  Stresses, therefore, that when Eurobonds are to be issued, their issuance should be limited to a debt ratio of 60% of GDP under joint and several liability as senior sovereign debt, and should be linked to incentives to reduce sovereign debt to that level; suggests that the overarching aim of Eurobonds should be to reduce sovereign debt and to avoid moral hazard and prevent speculation against the euro; notes that access to such Eurobonds would require agreement on, and implementation of, measurable programmes of debt reduction;

15.  Notes that there is political agreement on revising Article 125 of the Treaty on the Functioning of the European Union (TFEU) in order to transform the temporary EFSF system into a permanent ESM by 2013; calls for the ESM to be converted into a European Debt Agency at a later stage and for Parliament to be given a consistent role in this modification of the Treaty;

16.  Regrets the lack of social responsibility demonstrated by financial sector professionals by not forfeiting part of their bonuses for at least one year and instead donating them to a social project, such as the alleviation of youth unemployment in the Union;

II.  Global imbalances and governance

17.  Recalls that both some developed and emerging economies, such as the US and China, contribute to global imbalances; welcomes active participation and further integration of China into the global economic governance system;

18.  Notes that over half of the global economy is located outside the EU, the USA and Japan, this being a recent and unprecedented reversal of the situation previously prevailing;

19.  Stresses that rebalancing global demand requires an asymmetric approach: countries with large external surpluses (e.g. China) need to diversify the drivers of growth and boost internal demand, whereas countries with large deficits (e.g. the USA) need to increase domestic savings and complete structural reforms;

20.  Stresses that the financial markets must serve sustainable development of the real economy;

21.  Supports the G20 in its efforts to regulate commodity derivatives markets; calls on the Commission to address price volatility in agricultural markets, to fully implement all framework measures agreed on at G20 level and to combat excessive and harmful speculation, notably through the upcoming financial market legislation to be introduced in the EU, and the revision of the Market Abuse Directive(7) and the Markets in Financial Instruments Directive(8);

22.  Recalls the importance of raw materials for the European Union, as well as food security and price stability worldwide, especially for developing countries, and the inflationary pressures which food scarcity and price instability cause globally; accordingly, calls on the European Union to step up efforts to reduce dependency on raw materials by speedily improving efficiency standards, as well as to enhance the production and use of renewable materials; notes that, in order to contribute to food security and price stability, sustainable modes of production need to be generalised while supply side-management mechanisms need to be re-introduced; to that end, calls for further transparency and reciprocity in trade; warns, moreover, against protectionist tendencies in the field of strategic raw materials;

23.  Calls for better regulation of credit default swaps;

24.  Takes note of the tendency for very large amounts of private investment to go into emerging economies, with inward flows of close to USD 1 trillion expected in 2011(9); calls on the IMF to develop a framework to prevent the formation of speculative bubbles by supervising global capital flows and to take appropriate measures in order to prevent harmful developments; recognises that capital controls are no substitute for appropriate economic policies and should be employed only as a last resort; stresses the need for countries to take steps in parallel to counter the formation of such bubbles;

25.  Notes the possible risks, in terms of non-optimal conditions for long-term financing of the real economy, of the ongoing concentration of financial market actors, including financial institutions and exchanges; calls in this respect on the European Systemic Risk Board to closely monitor the development of any systemic risks resulting from concentration in the financial markets;

26.  Underlines the fact that, whilst the EU has a balanced current account and does not contribute to global imbalances, it would be strongly affected by a disorderly correction of imbalances through a depreciation of the US dollar; notes that the EU must coordinate its polices on trade and currency imbalances closely with the USA with a view to avoiding a rapid depreciation of the dollar; urges the USA, as well as major world actors, to ensure that currency management becomes a multilateral endeavour involving all major world currencies; welcomes the fact that indicators for global imbalances have been announced, and calls for such indicators to be taken fully into account in the formulation of macro-economic policies;

27.  Stresses that the EU needs to address a number of challenges in order to improve its role as a global player, namely a lack of competitiveness and convergence, insufficient financial stability, weak internal rates of employment and growth, internal imbalances increasing with the deepening of the internal market and EMU, and a lack of political weight at international level due, inter alia, to the lack of coherence of its representation in international organisations, which could be improved by implementing measures to ensure the unified representation of the euro internationally, as stated in the Treaty;

28.  Recalls that the EU must speak with one voice, have a single representative on the IMF board in the mid-term, notably for the eurozone, and, where appropriate, fully represent Member States and globally advocate democracy, human rights, the rule of law, decent work and living conditions, good governance, sustainable development, free and fair trade, and climate goals in keeping with its internal agenda, as well as fighting against corruption, tax fraud, tax evasion and tax havens;

29.  Considers that Europe should aim at achieving a balanced, free and fair global trade agreement in order to reduce contrasts between emerging economies and developed ones; calls for the dismantling of trade barriers; regards the absence of a global trade agreement as a major handicap, since emerging economies are blocked by developed ones on agricultural exports projects and emerging ones block services from the advanced economies;

30.  Stresses the need to open up public procurement markets, on a transparent and reciprocal basis;

31.  Stresses the importance of the spirit of reciprocity, and the mutual benefits to be gained, in the EU's relations with its main strategic partners; considers in this regard that the EU should ask itself whether it might not be expedient to equip itself with tools with which to examine the state aid-related economic practices of third countries and to assess any behaviour which might have the aim of transferring key technologies outside EU territory;

32.  Notes that, at present, the International Accounting Standards Board (IASB) requires combined balancing of accounts only at regional level; calls for the adoption of accounting rules which require all businesses and foundations to keep accounts per country, and for the promotion of international tax cooperation by means of agreements between authorities on exchanging information;

33.  Recalls its insistence on a far-reaching reform of global economic and financial governance, in order to promote transparency and accountability and to ensure coherence between the policies of the international economic and financial institutions; calls for the Bretton Woods institutions and other existing economic governance bodies, including the G20, to be integrated, as a first step towards a global economic governance structure, into the UN system, where they should engage with the World Trade Organisation (WTO), with the ILO and with a world climate organisation that needs to be created;

34.  Calls for the prompt adoption by the G20 countries of global and coordinated policy measures to contribute to strong, stable and balanced global sustainable growth; calls for the involvement of those countries' respective parliaments with a view to increasing legitimacy and accountability; calls, moreover, for a reform of, and more financial resources for, the IMF in order to enhance its transparency and accountability and render it more democratic, while strengthening its role in the economic and financial surveillance of its members, with a view to setting up a credible safety net to combat global imbalances;

35.  Calls for new financial assistance arrangements to be introduced, as follows:

III.  The case for a new monetary system

36.  Recalls that no country or block of countries would benefit from a ‘currency war’, which could reverse any efforts made by EU citizens in response to the need to reduce sovereign debt and to carry out structural reforms; notes that the euro has prevented the onset of a currency crisis of the kind historically often associated with financial crises; recalls that the multilateral trade system (WTO) rules do not cover capital flows and are not matched by a multilateral monetary system;

37.  Recalls the Korea G20 goal of building a more stable and resilient international monetary system (IMS); recognises the global concern about the functioning of the IMS and calls for a major leap forward to be taken as a matter of urgency; requests, therefore, that the IMS be reformed in such a way as to ensure systematic and comprehensive macroeconomic cooperation with sustainable and balanced global growth;

38.  Stresses that the IMS should address inter alia:

39.  Furthermore, calls for thought to be given – in the long term – to the possibility of creating a global reserve currency initially based on the development and transformation of SDRs and of the IMF;

IV.  Increasing the competitiveness and sustainability of the EU and implementing the Europe 2020 strategy by fostering innovation and long-term investment for jobs and growth

Competitiveness, convergence and the Europe 2020 strategy

40.  Calls for full and consistent account to be taken of the Europe 2020 strategy objectives and the need to overcome all EU internal imbalances when defining the content of the European semester;

41.  Emphasises the importance of mutually supportive Union policies in fulfilling the Europe 2020 strategy of smart, sustainable and inclusive growth and jobs, backed up by the diverse tools of, inter alia, future-oriented education, environment, climate and energy strategies, resource efficiency, renewed agricultural policy, cohesion policy, innovation and R&D strategies, a renewed EU budget and greater alignment between national budgets in support of these common goals;

42.  Stresses that the sustainability element of the Europe 2020 strategy needs to be mainstreamed across all relevant policy fields in order for the EU to regain world leadership; underlines that, if Europe is to remain competitive in the global economy, it must take the lead in the eco-friendly transformation towards a resource-efficient, sustainable society; emphasises that large-scale investment in eco-friendly infrastructures, renewable energies and energy efficiency is an excellent way of stimulating the recovery and promoting long-term growth and job creation;

43.  Recalls that the full potential of the single market has not yet been realised, and that renewed political determination and resolute action are required with a view to unlocking its full potential for sustainable and socially inclusive growth and jobs; underlines the need to further develop the European service sector and to enhance trade in services;

44.  Emphasises that the success of the Europe 2020 strategy depends on the commitment of the EU as a whole, and on ownership by Member States, national parliaments, local and regional authorities and social partners; recalls the importance of a strong and properly functioning social dialogue and collective agreements within the framework of the Europe 2020 strategy, as well as the promotion of a genuine European social dialogue on macroeconomic policies and measures; notes that these measures should be pursued in order to achieve broad consensus on the way forward;

45.  Notes the growing powers and responsibilities of regional and local authorities; recalls that two thirds of public investment in Europe remains at sub-national level; notes that the choice of the level at which public investment is made and executed has a very significant impact on its efficiency; stresses, therefore, the importance of ensuring that public investment takes place at the most efficient level of governance;

46.  Urges the national parliaments and governments of the Member States, when engaging in national decision-making, to act in a responsible manner vis-à-vis the EU and to include the EU dimension in their national discussions;

47.  Stresses that fiscal consolidation must be accompanied by medium- and long-term targets such as those identified by the Europe 2020 strategy, especially with regard to job creation, social inclusion, investment in infrastructure, resource efficiency, ecological transformation of the economy and a knowledge-based economy, so as to increase competitiveness and social, economic and territorial cohesion; notes that the various national and EU policies should provide coherent support for the strategy and that budget discipline can, if imposed without a well-defined strategy, undermine growth prospects, reduce competitiveness and seriously harm the economy in the long run; recalls that, as the open method of coordination has failed, the Europe 2020 strategy should include binding targets drawn up by the Commission for Member States with maximum and minimum values to be applied to certain macroeconomic aspects of their economies;

48.  Calls for a strict financial audit of all Member States, to be initiated by the Commission in close cooperation with Eurostat, in order to determine their actual financial status, thereby enabling fact-based decisions to be taken with regard to the Europe 2020 strategy and regional and cohesion projects; calls for scrutiny of all funding programmes in the European Union and of national and regional subsidies; recommends intensification of the projects and programmes, the success of which is vital, and in turn the eradication of ineffectual subsidies and economic development schemes;

49.  Points out that women, in particular, are at greater risk of experiencing poverty; notes that child poverty has increased in a number of Member States during the crisis; underlines that this is unacceptable and that the negative trends must be reversed; consequently, calls on, in particular, the existing non-governmental organisations to be developed into a solid network for the eradication of child poverty by means of child-centred approaches, child-specific targets and a strong focus on their rights;

50.  Notes that solid welfare systems are important economic stabilisers in bad times; stresses, therefore, that while there is a need to consolidate public finances, there is also a convincing case for safeguarding public-sector services and maintaining existing levels of social protection accordingly; calls for the adoption of measures to reduce income inequalities, in particular, by tackling youth unemployment;

51.  Underlines that the economic downturn should not slow down progress on reconciliation policies concerning the work-life balance, particularly those facilitating women's access to the labour market;

52.  Notes the challenges arising from the crisis, with a major downturn in economic activity, a decline in the growth rate, brought about by a strong rise in structural and long-term unemployment, and a fall in rates of public and private investment, as well as increased competition from emerging economies;

53.  Recognises that, to overcome the current imbalances inside the EU, a ‘one-size-fits-all’ approach will not be enough and that, in order to be effective, economic policy coordination will need to take proper account of the starting-points of the different EU national economies and their specific characteristics; stresses the need for economic coordination and progress in restoring sound finances;

54.  Calls for greater compatibility and complementarity between national budgets and the EU budget; takes the view that the next multiannual financial framework must focus on the key priority areas of the Europe 2020 strategy and should ensure adequate financing of the flagship initiatives in the fields in which the EU has shared competence with Member States, which can provide strong European added value;

55.  Emphasises that both agricultural and cohesion policies must play a key role in support of the Europe 2020 strategy; is convinced that the reform of the common agricultural policy (CAP) has to be pursued in the context of addressing global challenges; believes that the success of the Europe 2020 strategy is premised on ensuring the coherence of EU policies, including such diverse aspects as aligning the national and EU budgets, including the CAP, and the Cohesion Funds, e.g. by guaranteeing a fair allocation of resources between Member States and regions, based on clear aims designed to enhance convergence and foster competitiveness, while putting emphasis on those Member Sates and regions in greatest need and policies such as education, innovation and R&D spending;

56.  Recalls, moreover, that the Europe 2020 strategy will only be credible if it is backed up by adequate financial resources, and therefore supports:

Energy and transport policies and the internal market

57.  Regards the establishment of a European Energy Community as a key political project for the fulfilment of the Europe 2020 goals of furthering the transition to renewable energies while maximising energy efficiency, increasing the EU's energy independence and establishing a genuine interconnected energy market; emphasises the importance of the external dimension of its energy policy;

58.  Believes that relationships between countries producing oil and natural gas and consumer countries, above all the countries of Europe, should be reinforced, also taking into account the recent developments in the political landscape in the Mediterranean; considers that a common policy for sustainable energy and procurement of raw materials needs to be implemented as a matter of urgency, so as to avoid adverse effects that could delay the recovery and the future development of the European economy;

59.  Emphasises the key role that mainstreaming the principles of resource efficiency into all EU policies plays in ensuring the EU's competitiveness, including the development of innovative new products and services and new ways to reduce inputs, minimise waste, improve management of resource stocks, change consumption patterns, improve logistics and ensure that production processes, management and business methods are optimised in such a way as to ensure that the life-cycle approach of designing products and services in a ‘cradle to grave’ manner is applied;

60.  Recalls that access to energy and raw materials, and the efficient use thereof, are vital in order to ensure the overall competitiveness of the EU; stresses that in order to stay competitive in the long term, the EU must be a world leader in the promotion of energy savings and efficiency, research into and investment in new eco-friendly technologies, the diversification and rationalisation of energy supply and the development and increased use of renewable sources of energy; recalls that reducing dependency on imports of energy and raw materials contributes to ensuring the competitiveness of the EU, while also helping to achieve the EU inflation target;

61.  Stresses that close attention must be given to sustainable transport policy, in particular extension of the European transport networks, while improved access to those networks for less-favoured regions with the help of the Structural and Cohesion Fund would contribute substantially to consolidating the single market; underlines the importance of having an efficient and interconnected transport system that facilitates the free movement of people, goods and services and promotes growth; underlines the importance of Trans-European transport networks (TEN-T) in providing substantial European added value, as they help to remove bottlenecks, eliminate physical obstacles such as differences between rail gauges, and ensure cross-border infrastructure;

62.  Considers the Single Market Act to be a key political initiative that underpins the foundations of the Europe 2020 goals and the flagship initiatives aimed at fully exploiting the internal market's growth potential and completing the single market, in the spirit of the Monti report; underlines that the crisis has clearly shown the importance of strengthening the EU's industrial base and innovation potential by facilitating market access and mobility and combating social and territorial fragmentation throughout the EU;

Mobility and migration

63.  Emphasises that both the major uprisings in our neighbouring regions and demographic developments within the EU call for a common migration policy; stresses that greater access to labour markets and mobility must be encouraged by granting equal employment and social conditions and rights for all, including the recognition of professional qualifications and diplomas across the EU, together with the transferability of social security rights and the portability of pension rights in order to strengthen the European single market;

64.  Considers that the Schengen Agreement remains an exceptional achievement for EU citizens and that it should be safeguarded; demands that cooperation in that regard be further strengthened; expresses its great concern over hypothetical changes to the Schengen rules; insists on the need for Parliament to be duly involved in the legislative process and stresses the importance of preventing Member States from taking any unilateral decisions in that field; recalls that the adoption of the Schengen Agreement represented a step towards greater EU integration and that the principle of freedom of movement for persons must be safeguarded;

65.  Calls for a common EU immigration policy and welcomes the Commission's proposals to open up more legal ways of coming to the EU to work; stresses the need for a reform of the current Blue Card system (by expanding it to cover a far greater number of jobs and professions); notes that employers in the EU are increasingly dependent on people from countries outside Europe coming to the EU to take up jobs in sectors such as agriculture, horticulture, tourism, caring for the elderly and nursing, as fewer and fewer EU citizens are available to work in those sectors; believes that the Commission's proposal on seasonal workers needs to provide those workers, who are often vulnerable and exposed, with better conditions and a secure legal status in order to protect them from exploitation;

SMEs, innovation and R&D

66.  Recommends that the Commission encourage and facilitate more equity funding for SMEs, through either venture capital or share listing, more assistance from the structural funds, and less reliance on debt, especially in high-tech start-up companies, which are in great need of capital for R&D; stresses the need to strengthen the Competitiveness and Innovation Framework Programme (CIP) guarantee instrument and to simplify access to funding for SMEs; points out that it is particularly necessary to encourage and support women entrepreneurs;

67.  Recognises the role of the social economy (third sector) in Europe and its significance in fostering innovation; emphasises the need to have strategic green and resource-efficient public procurement policies in Europe in order to support an equal and competitive innovation sector;

68.  Urges giving the EIB and the EIF a leading role at the European level in freeing up funds for SMEs by using more streamlined and clearer procedures, thereby working with the financial institutions of the Member States and avoiding the establishment of schemes parallel to already existing structures at national level, so that SMEs can easily find their accustomed point of entry; recommends that the EIB/EIF should act as a filter, focusing on the priority sectors within the Europe 2020 strategy strengthening the economy, employment, environmental sustainability and resource efficiency, acting as a mentor to selected groups of SMEs, and taking part in discussions with banks and their risk management teams with a view helping SMEs to obtain long-term loans; calls for full use to be made of the EIB's capacity to provide funding;

69.  Calls on the Member States to speed up their implementation of the measures set out in the Small Business Act (2008) and in the review thereof, published by the Commission on 23 February 2011, in order to reduce administrative burdens, facilitate SMEs' access to financing and support the internationalisation of SMEs;

70.  Stresses that the next generation of EU funding programmes must systematically support innovative and job-creating SMEs, both within the internal market and globally; highlights the need to facilitate the swift creation of undertakings using new technologies, improve their funding, reduce administrative burdens and promote their internationalisation; takes the view that it would be highly desirable to recognise the key role played by the system of industrial cooperative and retail banks, which ensure the optimisation of the strategy to assist and provide real support to the SME sector;

Taxation

71.  Stresses that both EMU and the internal market require a stronger coordination of national tax policies; emphasises that the quality of taxation should be improved so as to provide the right incentives for employment, innovation and long-term investment; asks the Commission to analyse, in the context of the European semester, the resilience of the Member States' tax systems so that their tax reforms are resistant to economic fluctuations and do not unnecessarily rely on tax bases that are very cyclical or known to be prone to bubbles;

72.  Supports the Commission in its efforts to tackle harmful tax competition, tax avoidance or fraud and tax havens, both in the EU and at international level, to improve tax collection systems and to introduce a common consolidated corporate tax base with subsequent indicative tax ranges as well as a specific and simplified taxation system for SMEs; welcomes the VAT strategy that is to be presented by the Commission with a view to establishing a fraud-proof system;

73.  Notes that combating tax fraud and tax evasion and improving tax collection, also in relation to third countries, needs to be an essential aspect of the current efforts of Member States aimed at budgetary consolidation;

74.  Believes such a move to be critical in the current context, in which Member States need to consolidate their budgets; notes that tax competition is acceptable as long as it does not jeopardise the capacity of Member States to collect the revenue they may fairly expect, and recalls that solutions should be devised to minimise harmful tax competition;

75.  Believes that the allocation of EU funds should take into account the taxation strategy of Member States and their willingness to cooperate in combating tax evasion and promoting closer tax coordination;

76.  Recognises the absence of a common definition of tax havens; calls for at least a single European agreed definition, pending agreement on a definition at global level;

77.  Calls on the Member States, given the imperative need to fight corruption and with a view to bringing about a genuine financial recovery, to ensure that their criminal law provides that, in the context of work carried out, the use of corruption, bribes and other mechanisms aimed at securing illicit advantages will cause the paying agency to cancel payment or, where such payment has already been made, to request the restitution of an amount equal to double the sum paid;

Employment

78.  Stresses that new jobs and better jobs are a precondition for achieving a fair, green and smart growth strategy, and accordingly calls for:

79.  Points out that most of the unemployment in those Member States where fiscal austerity measures are currently being implemented is caused by the decline in overall economic activity, with an alarming increase in the long-term unemployment rate; notes that long-term unemployment needs to be urgently addressed as it can severely harm long-term growth in the countries concerned and may consequently reduce the competitiveness of the entire Union;

80.  Notes that, as a result of the current crisis, the EU labour market could remain fragmented in the long term with, on the one hand, a concentration of high-quality labour in Member States with balanced current accounts and, on the other hand, high unemployment rates and shortages of competitive labour in those Member States which have been hit the hardest by the crisis and which are also the most heavily indebted;

81.  Believes that there is still a need to address the issue of corporate governance as regards management incentives for long-term investment and job creation; suggests that an annual report assessing corporate social and environmental responsibility for all listed companies with over 250 employees and a turnover of more than EUR 50 million should be produced;

Education strategy

82.  Stresses the importance of childhood, vocational, university and adult education for innovation and growth, and underlines the importance of proper implementation of flexicurity; underlines the need to adapt education and training systems in order to better equip people with the knowledge and skills needed to secure higher employment levels, productivity, growth and competitiveness;

83.  Proposes the establishment of an EU internship programme analogous to the Erasmus programme, with the full involvement of the private sector; takes the view that such a programme should involve clusters of universities, universities of applied sciences, professional training institutions, industry, financial markets, SMEs and large companies, and that it should give citizens, including vulnerable groups, access to training, particularly in transferable skills in the knowledge-based economy, so as to foster lifelong learning;

84.  Strongly supports the introduction of measures to increase the quality of higher education in Europe, inter alia by further reducing barriers to student mobility, improving the links between academia and business and fostering a more entrepreneurial mindset in society; proposes the introduction of a European innovation scholarship designed to contribute to the fostering of knowledge and skills employed in innovating sectors, while allowing the establishment of EU networks and cooperation; believes that such a scholarship would address youth in vocational educational programmes, established and specifically implemented in each of the Member States;

85.  Stresses the need to create conditions, at European and national level, for the private and public sectors to increase R&D investment; notes that university funding takes place predominantly through national budgets, already under pressure of consolidation; consequently, encourages Member States to ensure that their respective systems of university funding are designed in such a way as to enhance Europe's capacity for technological development, innovation and job creation;

86.  Considers that, in order to encourage Member States to invest more in the educational field, special consideration should be given to public spending on education, research and vocational training in the context of assessing Member States' medium-term budgetary objectives;

87.  Supports the call by the European University Association (EUA) for public investment in higher education to be increased to 3% of GDP; believes that this target requires a qualitative evaluation of such expenditure in the context of assessing the SGP;

88.  Calls for the improvement of education for jobs not requiring university studies by the development of apprenticeship;

V.  Re-thinking the EU: beyond European economic governance

89.  Emphasises that the European Union is at a crossroads: either the Member States decide to join forces in deepening integration or, owing to stagnation at the decision-making level and divergences at the economic level, the EU could drift apart;

90.  Warns of the risks of retreating into a fragmented Union vulnerable to protectionism and populism;

91.  Calls for a deeper democratic political Union in which the EU institutions are given a stronger role in both the design and the implementation of common policies; emphasises the importance of strengthening the democratic legitimacy and control of the Union;

92.  Stresses the importance of respecting the principles underlying the European project, namely, equality of Member States, solidarity, cohesion and cooperation; draws attention to the need to stick to those principles by effectively addressing internal imbalances and moving towards substantial convergence through coordination between eurozone and non-eurozone Member States;

93.  Underlines the need for a stronger European Commission, made more accountable to Parliament and playing a major role as the main voice of the citizens, especially when it comes to providing a forum for public cross-border debates, taking into account the spill-over effect of national decisions in fields such as economic and social governance;

94.  Stresses that economic governance, with converging economic, fiscal and social policies, must be organised using the Community method and steered by the Union institutions, with national parliaments being fully involved;

95.  Considers the new legislation on the European Systemic Risk Board (ESRB) and the three European Supervisory Authorities to be an initial step in the right direction, but believes that further progress is required in order, in particular, to ensure direct EU-level supervision of systemic institutions such as highly leveraged entities and enforcement of a single set of rules; stresses the need to provide the new authorities with human and financial resources commensurate with their adequate growing responsibilities;

96.  Believes that, alongside surveillance aimed at ensuring financial stability, there is a need for mechanisms for the surveillance and prevention of potential bubbles, and for optimum allocation of capital in the light of the macroeconomic challenges and objectives, and also a need for investment in the real economy; considers, in addition, that taxation policy needs to be used as a tool for this purpose;

97.  Requests the Commission to put forward additional proposals for the regulation of financial market structures whose size, systemic integration, complexity or interconnectedness may jeopardise financial stability and the capacity of regulators to resist their demands, incorporating measures enabling supervisors to have an overview of their activities, including the shadow banking system and their level of leverage; calls on the Commission to consider regulatory options such as capping or disincentivising size as well as business models;

98.  Stresses that tackling the public debt crisis and increasing the EU's competitiveness, convergence and solidarity require a shift of competences and spending towards the Union, whereby the burden on national budgets would be considerably eased, and stresses the need to create significant synergies between national budgets and the EU budget, allowing for optimal use and allocation of existing fiscal resources on all levels, while respecting the principle of subsidiarity to support strong regions and states;

99.  Concludes that, in order to achieve political union and economic integration commensurate with monetary union, in line with the priorities agreed by the European Council, the EU needs a budget of sufficient size to accommodate the euro in a sustainable way, providing the currency with a relevant budget space on the level of political organisation at which it is issued;

100.  Recalls that reports preceding the realisation of monetary union – notably the McDougall report, which analysed the conditions necessary for the implementation of the Werner plan – affirmed that the volume of such a budget would have to be between 2,5 and 10 percent of Union GNI, depending on whether and which re-allocation functions would be assumed by the Union budget, that the budget would need to be financed on the basis of own resources, and that it should be used to finance policies and measures in the fields of foreign, security and defence policy, the energy and transport sectors, development cooperation and R&D, and that national budgets would be reduced correspondingly in order to achieve tax neutrality for citizens and businesses;

101.  Emphasises the need to strike a better balance between economic and social policies, including the reinforcement and institutionalisation of the macroeconomic social dialogue;

102.  Recalls that the European Union derives its legitimacy from the democratic values which it projects, the aims which it pursues and the powers, instruments and institutions which it possesses; takes the view that deepening European economic integration is necessary in order to ensure the stability of the eurozone and of the Union as a whole, and that this will require further developments regarding the external representation of the eurozone, qualified majority voting on a corporate tax base, measures to combat tax evasion and tax avoidance, possible mutual issuance of sovereign debt and Eurobonds to stimulate fiscal discipline, the EU's borrowing capacity, a better balance between economic and social policies, own resources for the EU budget and the roles of national parliaments and the European Parliament;

103.  Believes that political decisions on economic governance should not endanger the commitments agreed at EU level reflecting the goals and interests of all Member States, and that such decisions should be anchored in the Treaty and be pursued with the full institutional involvement and scrutiny of the European Commission and of Parliament;

104.  Calls for a comprehensive strategy in response to the challenges facing the Union, with reinforced economic governance forming the cornerstone of that response; also calls for the maintenance of resolve in pursuing fiscal consolidation, sustainable growth, the enhancement of structural reforms and the overhauling of the banking sector; takes note of the Euro Plus Pact proposed by the Council as one element of the economic governance package negotiated between Parliament and the Council;

105.  Calls for the Euratom Treaty to be superseded by a European Energy Community;

106.  Considers that, alongside the treaty changes required for the stability mechanism, these interconnected issues should be dealt with in a Convention to be convened in accordance with Article 48(3) of the Treaty on European Union;

107.  Believes that, if they are not, it will be necessary to move to enhanced cooperation under Article 329 of the TFEU, in order to enable the eurozone to function in a democratic and efficient manner;

108.  Recalls that a European response to the crisis must be based on deepening European integration, pursuit of the community method, the consolidation of interparliamentary dialogue, the promotion of social dialogue, the strengthening of the welfare state by supporting social inclusion, job creation and sustainable growth, and the further building of the social market economy and its values, as an essential goal of the European Union, so as to rally all citizens around the European project based on the values enshrined in the Treaties and in the European Charter of Fundamental Rights;

o
o   o

109.  Instructs its President to forward this resolution to the Council, the Commission, the President of the European Council, the President of the Eurogroup, the European Central Bank, the European Investment Bank, the European Bank for Reconstruction and Development, the European Economic and Social Committee, the Committee of the Regions, the governments and parliaments of the Member States and the social partners.

(1) OJ C 230 E, 26.8.2010, p. 11. (2) OJ C 257 E, 24.9.2010, p. 211. (3) Texts adopted, P7_TA(2010)0376. (4) Texts adopted, P7_TA(2011)0080. (5) Eurostat, Statistics in focus, 9/2010, Population and social conditions http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-SF-10-009/EN/KS-SF-10-009-EN.PDF and European Commission, Employment in Europe 2010 (http://ec.europa.eu/employment_social/eie/executive_summarys_en.html#top). (6) European Commission, Impact of the current Economic and Financial crisis on potential output, Occasional Papers 49, June 2009, Table V, Page 33 (http://ec.europa.eu/economy_finance/publications/publication15479_en.pdf). (7) Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (OJ L 96, 12.4.2003, p. 16). (8) Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (OJ L 145, 30.4.2004, p. 1). (9) IMF Staff Position Note, 19 February 2010, SPN/10/04, Capital Inflows: The Role of Controls.