European Parliament resolution of 25 November 2021 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund for Displaced Workers following an application from Spain – EGF/2021/001 ES/País Vasco metal (COM(2021)0618 – C9-0377/2021 – 2021/0316(BUD))
– having regard to the Commission proposal to the European Parliament and the Council (COM(2021)0618 – C9‑0377/2021),
– having regard to Regulation (EU) 2021/691 of the European Parliament and of the Council of 28 April 2021 on the European Globalisation Adjustment Fund for Displaced Workers (EGF) and repealing Regulation (EU) No 1309/2013(1) (“EGF Regulation”),
– having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021-2027(2), and in particular Article 8 thereof,
– having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management as well as on new own resources, including a roadmap towards the introduction of new own resources(3), and in particular point 9 thereof,
– having regard to the opinion of the Committee on Employment and Social Affairs,
– having regard to the letter from the Committee on Regional Development,
– having regard to the report of the Committee on Budgets (A9-0319/2021),
A. whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of globalisation and of technological and environmental changes, such as changes in world trade patterns, trade disputes, significant changes in the trade relations of the Union or the composition of the internal market and financial or economic crises, as well as the transition to a low-carbon economy, or as a consequence of digitisation or automation;
B. whereas Spain submitted application EGF/2021/001 ES/País Vasco metal for a financial contribution from the European Globalisation Adjustment Fund (EGF), following the displacement of 491 workers in the NUTS 2 region of País Vasco (ES21) in Spain, within a reference period for the application from 2 June 2020 to 2 December 2020;
C. whereas the application relates to a total of 491 displaced workers whose activity has ceased, out of which 192 occurred in the course of collective redundancies that were notified to the authorities in six companies(4);
D. whereas the application is based on the intervention criteria of Article 4(2), point (b), of the EGF Regulation, which requires the cessation of activity of at least 200 displaced workers over a reference period of six months in enterprises operating in the same economic sector defined at NACE Revision 2 division and located in one region or two contiguous regions defined at NUTS 2 level in a Member State;
E. whereas the COVID-19 pandemic, the strict lockdown measures implemented in Q2 2020 in Spain and the subsequent shortages of supplies and raw materials have adversely affected the metal sector in the country;
F. whereas in the Basque region, the fabricated metal products sector represents 27,4 % of the gross value added of the industry(5), while the EU-28 average is 18,8 %(6);
G. whereas in 2020 (year on year variation), production in Spain fell by more than 50 % in 18 % of the metal enterprises, turnover fell by more than 50 % in 16 % of the businesses and a third of metal enterprises experienced a decrease between 30 % and 50 % of both production and turnover(7);
H. whereas, in light of the COVID-19 pandemic and its social and economic consequences, the Commission reinforced and underlined the role of the EGF as an emergency tool(8) and allowed for cases directly linked to the pandemic to be financed from the EGF;
I. whereas Spain reports on its compliance with the recommendations set out in the EU Quality Framework for anticipation of change and restructuring(9) and highlights the key concepts of the Basque Vocational Training Plan, Basque Employment Strategy and the Green jobs programme;
1. Agrees with the Commission that the conditions set out in Article 4(2), point (b), of the EGF Regulation are met and that Spain is entitled to a financial contribution of EUR 1 214 607 under that Regulation, which represents 85 % of the total cost of EUR 1 428 950, comprising expenditure for personalised services of EUR 1 384 950 and expenditure for implementing the EGF(10) of EUR 44 000;
2. Notes that the Spanish authorities submitted the application on 25 June 2021, and that the Commission finalised its assessment on 7 October 2021 and notified it to Parliament on the same day;
3. Notes that the application relates in total to 491 displaced workers whose activity has ceased, out of which 192 occurred in the course of collective redundancies notified to the authorities in six companies(11); further notes that Spain expects that 300 out of the total eligible beneficiaries will participate in the measures (targeted beneficiaries);
4. Recalls that the social impacts of the redundancies are expected to be important for workers, as well as the entire Basque region, where the number of unemployed persons increased by 25 % between March and August 2020(12), and where long-term unemployment represented 55,6 % of total unemployment in May 2021 (3,6 percentage points higher than in January 2021) and unemployed persons with basic education or less represented 60,8 %; recalls also that the wage gap between men and women is 22,6 % and the temporary employment rate is 25,8 % in the Basque region, 11.6 percentage points above the Union average, which is 14,2 %;
5. Points out that most of the displaced workers are in the second half of their professional career and have a low level of formal qualification;
6. Notes that Spain started providing personalised services to the targeted beneficiaries on 11 June 2021 and that the period of eligibility for a financial contribution from the EGF will therefore be from 11 June 2021 until 24 months after the date of the entry into force of the Financing Decision;
7. Recalls that personalised services provided to the displaced workers and self-employed persons following the decision consist of the following actions: profiling sessions, occupational guidance, job-search assistance, support and/or contribution to business creation, re-skilling, up-skilling and on-the-job training, as well as participation allowances; the measures were planned to be in line with the Spanish circular economy strategy and the training contributes to boost the process of digital transformation in the industry;
8. Notes that Spain started incurring administrative expenditure to implement the EGF on 1 February 2021 and that expenditure on preparatory, management, information and publicity, control and reporting activities will therefore be eligible for a financial contribution from the EGF from 1 February 2021 until 31 months after the date of the entry into force of the Financing Decision;
9. Welcomes that the co-ordinated package of personalised services was drawn up by Spain in consultation with the social partners(13); the involvement of social partners was ensured by their representation in Lanbide's governance board, which is made up of representatives of the regional government, trade unions and employer organisations;
10. Welcomes that the coordinated package of personalised services will contribute to the dissemination of horizontal skills required in the digital industrial age as well as in a resource-efficient economy, in line with Article 7(2) of the EGF Regulation;
11. Recalls that the proposed actions constitute active labour market measures within the eligible actions set out in Article 7 of the EGF Regulation and do not substitute passive social protection measures;
12. Stresses that the Spanish authorities have confirmed that the eligible actions do not receive assistance from other Union funds or financial instruments;
13. Takes note of the notification of Spain that the financial contribution will be managed and controlled by the same bodies that manage and control the European Social Fund Plus;
14. Reiterates that assistance from the EGF must not replace actions which are the responsibility of companies, by virtue of national law or collective agreements, or any allowances or rights of the recipients of the EGF allocation to ensure full additionality of the allocation;
15. Approves the decision annexed to this resolution;
16. Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;
17. Instructs its President to forward this resolution, including its annex, to the Council and the Commission.
ANNEX
DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the mobilisation of the European Globalisation Adjustment Fund for Displaced Workers following an application from Spain – EGF/2021/001 ES/País Vasco metal
(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2021/2159.)
Auxiliar Troquelería SL, Calderería del Oria, Matricería Deusto, Mecanizados de la Industria Vasca SLU, Taller Mecanizado Pablo López Lacalle SL, Tratamientos Superficiales Iontech SA.
Auxiliar Troquelería SL, Calderería del Oria, Matricería Deusto, Mecanizados de la Industria Vasca SLU, Taller Mecanizado Pablo López Lacalle SL, Tratamientos Superficiales Iontech SA.
The application was approved by Lanbide, the Basque public employment service (social partners are part of the governance board), on 2 July 2021. Meetings were also held on 19 January and 2 February 2021 with Federación Vizcaína de Empresas del Metal, (federation of metal enterprises of Biscay), Asociación de Empresas de Guipúzcoa - ADEGI (Business association of Gupúzcoa) and SEA-Empresas Alavesas (business associations of Alava).
– having regard to Article 225 of Treaty on the Functioning of the European Union,
– having regard to Article 3(2) of the Treaty on European Union,
– having regard to Article 79 of the Treaty on the Functioning of the European Union,
– having regard to the Charter of Fundamental Rights of the European Union, in particular Article 45 thereof,
– having regard to the European Pillar of Social Rights, in particular Principles 5, 10, 12 and 16 thereof,
– having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, in particular Article 2 of Protocol 4,
– having regard to the Union legal migration acquis developed between 2003 and 2021 which regulates the conditions of entry and residence and the rights of third-country nationals working in the Union and which includes:
– Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, and repealing Council Directive 2009/50/EC(1),
– Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing(2),
– Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers(3),
– Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer(4),
– Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State(5),
– Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals(6),
– Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents(7),
– Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification(8),
– having regard to Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted(9),
– having regard to Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013(10),
– having regard to Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344(11),
– having regard to the European Council conclusions on COVID-19 and migration of 24 June 2021, in particular no. 12,
– having regard to the EU Emergency Trust Fund for Africa,
– having regard to the Commission staff working document of 29 March 2019 entitled ‘Fitness Check on EU Legislation on legal migration’ (the ‘Fitness Check’),
– having regard to the communication of the Commission of 13 May 2015 entitled ‘A European Agenda on Migration’,
– having regard to the communication of the Commission of 24 November 2020 entitled ‘Action plan on Integration and Inclusion 2021-2027’,
– having regard to the communication of the Commission of 6 April 2016 entitled ‘Towards a reform of the Common European Asylum System and enhancing legal avenues to Europe’,
– having regard to the communication of the Commission of 12 September 2018 entitled ‘Enhancing legal pathways to Europe: an indispensable part of a balanced and comprehensive migration policy’,
– having regard to the communication of the Commission of 23 September 2020 on a New Pact on Migration and Asylum,
– having regard to the action plan and political declaration adopted at the EU-Africa Summit on Migration, held in Valletta on 11 and 12 November 2015, in particular their respective parts on legal migration and mobility,
– having regard to the press release of the Commission of 11 June 2021 entitled ‘Talent Partnerships: Commission launches new initiative to address EU skills shortages and improve migration cooperation with partner countries’,
– having regard to the Commission Joint Research Centre study of 23 April 2020 entitled ‘Immigrant Key Workers: Their Contribution to Europe’s COVID-19 Response’ and the Commission Joint Research Centre technical report of 19 May 2020 entitled ‘A vulnerable workforce: Migrant workers in the COVID-19 pandemic’,
– having regard to its resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration(12),
– having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis(13),
– having regard to its resolution of 20 May 2021 on new avenues for legal labour migration, based on an initiative report of the Committee on Civil Liberties, Justice and Home Affairs(14),
– having regard to the study by the Policy Department for Citizens’ Rights and Constitutional Affairs of its Directorate-General for Internal Policies of September 2015 entitled ‘Exploring new avenues for legislation for labour migration to the European Union’,
– having regard to the study by the Policy Department for Citizens’ Rights and Constitutional Affairs of its Directorate-General for Internal Policies of October 2015 entitled ‘EU cooperation with third countries in the field of migration’,
– having regard to the study by the European Parliamentary Research Service of March 2019 entitled ‘The cost of non-Europe in the area of legal migration’,
– having regard to the study by the European Parliamentary Research Service of September 2021 entitled ‘Legal migration policy and law – European added value assessment’,
– having regard to the studies by the European Migration Network,
– having regard to the Universal Declaration of Human Rights, in particular Article 13 thereof,
– having regard to the Global Compact for Safe, Orderly and Regular Migration of 19 December 2018,
– having regard to the international labour standards on labour migration adopted by the International Labour Conference of the International Labour Organization,
– having regard to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families adopted by the General Assembly of the United Nations on 18 December 1990,
– having regard to the studies on legal migration by the Organisation for Economic Co-operation and Development,
– having regard to the work and reports of the UN Special Rapporteur on the human rights of migrants,
– having regard to the study by the Center for Global Development of 15 July 2019, entitle ‘Maximizing the Shared Benefits of Legal Migration Pathways: Lessons from Germany’s Skills Partnerships’,
– having regard to the Africa Migration Report: Challenging the narrative of October 2020 by the International Organization for Migration,
– having regard to the study by the European Parliamentary Research Service of August 2021 entitled ‘The European Commission’s New Pact on Migration and Asylum - Horizontal substitute impact assessment’,
– having regard to Rules 47 and 54 of its Rules of Procedure,
– having regard to the opinion of the Committee on Development,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0314/2021),
A. whereas an adequate implementation of the existing legal acts on labour migration is equally important to proposing new legal acts;
B. whereas Article 79(1) of the Treaty on the Functioning of the European Union (TFEU) states that “The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings”;
C. whereas the Union is one of the main investors in developing human capital in neighbouring countries;
D. whereas the creation of additional legal pathways at Union level could help to provide Member States with a tool to properly face upcoming demographic challenges, meet the demands of the labour markets that cannot be met by the domestic workforce and enhance the matching of skills on the labour markets;
E. whereas 23 million third-country nationals were legally resident in the Member States in 2020, some 5,1 % of the total Union population(15);
F. whereas the low issuance rate of long-term resident permits indicates that there might be a need to improve their attractiveness, something that could be achieved by a revision of Directive 2003/109/EC to clarify the advantages of holding an EU long-term residence permit and approximate national legislative schemes;
G. whereas, according to the Commission report on the Impact of Demographic Change, adopted on 17 June 2020(16), the median age of the population of the Union is currently 44 years, has been increasing for several years and will continue to do so for at least the coming two decades;
H. whereas this implies that over the coming decades the Union will face a growing share of the population consisting of citizens aged 65 years and above, while the share of the population being of working age is projected to decrease during the same time period;
I. whereas the Fitness Check states that the current Union rules on legal migration have had limited impact in relation to attracting the skills and talents needed for the Union labour market and economy and that the current legal framework is “fragmented and presents a number of gaps, as well as implementation problems”;
J. whereas the main findings of the Fitness Check highlight effective legal migration policies as being key in the management of migratory flows;
K. whereas Commissioner Ylva Johansson stated on the occasion of the launch event of the talent partnerships on 11 June 2021 that the Commission’s strategic objective is to replace irregular migration with legal pathways(17);
L. whereas visa measures can act as a positive incentive in the engagement with third countries; whereas the full implementation of the recently revised Visa Code(18) and additional efforts on visa facilitation with third countries are part of a comprehensive approach to migration policy outlined in the New Pact on Migration and Asylum; whereas more cooperation and exchange of information would help to detect visa abuse;
M. whereas the partnership frameworks between Member States and third countries can serve as a crucial tool in the acceleration of mutual recognition of skills and qualifications of legal labour migrants;
N. whereas several Member States have already entered into successful partnerships with third countries to create a legal pathway for labour migration and to match labour market demands on a smaller scale through pilot projects; whereas talent partnerships should build upon positive lessons learned from these projects;
O. whereas the renewed European Partnership for Integration with social and economic partners looks into expanding future cooperation to the area of labour migration;
P. whereas the mismatch of skills on the Member States’ labour markets has proven very costly for the Union, causing its economy to lose over 2 % of productivity per year according to a study from the European Economic and Social Committee from 2018(19); whereas that study states that the mismatch occurs on all skill levels, ranging from cooks and truck drivers to medical doctors and teachers; whereas that study asserts that the current legislative schemes are insufficient to ensure that the Union remains economically competitive in the short, medium and long-term and to meet the demands of the Member States’ labour markets;
Q. whereas in 2017 there were around 3,1 million third-country nationals holding an EU long-term residence permit compared to around 7,1 million third-country nationals holding a national long-term residence permit(20);
R. whereas the two main objectives of Directive 2011/98/EU are the facilitation of application procedures for a combined work and residence permit and equal treatment; whereas the evaluation of that Directive as part of the Fitness Check and its implementation report identified a number of shortcomings with regard to the achievement of those objectives; whereas, to address those shortcomings, the Commission in the New Pact on Migration and Asylum announced a number of new initiatives, including a revision of that Directive;
S. whereas technical developments have transformed the way the world works and has created a situation in which many Union workers and self-employed persons work remotely; whereas remote workers are currently stuck in a legal grey area because they cannot apply for a traditional work permit in a Member State(21);
T. whereas a number of Member States have launched ‘digital nomad visas’, which aim to facilitate the residence of remote workers or remote self-employed persons within a Member State and to allow them to work(22);
U. whereas the Union is in the process of a post-pandemic economic recovery; whereas improved legislative schemes on legal labour migration are a decisive factor for the economic recovery of the Union;
V. whereas, according to the Commission Joint Research Centre study of 23 April 2020 entitled ‘Immigrant Key Workers: Their Contribution to Europe’s COVID-19 Response’, an average of 13 % of workers key for societies are immigrants to the Union, which shows that they played a crucial role as regards the Union's ability to handle the COVID-19 pandemic;
W. whereas the direct link between the residence rights of legally staying third-country nationals and their employer exposes them to potential labour exploitation; whereas there have been calls to phase out those kinds of permits and instead allow legally staying third-country nationals to change employers without losing their work permits(23);
X. whereas Directive 2009/52/EC provides for sanctions and measures that can be used against employers exploiting illegally staying third-country nationals who are working; whereas third-country nationals who have entered the Union legally can also be exploited and should benefit from the same level of protection;
Y. whereas the European Labour Authority has strengthened its cross-border operational capacity to support and strengthen national labour inspectorates and authorities, as well as social partners, in order to promote fair labour mobility and tackle cross-border fraud and abuse;
1. Considers that, in order to face upcoming demographic challenges in Member States with data showing that the share of inhabitants aged 65 years or above is projected to be around one third of the Union population by 2050(24), which will produce significant labour shortages at all skill levels(25), the Union needs to present new avenues for legal labour migration to the Union, while also taking into account the fact that Member States’ labour markets are different and face different kinds of labour shortages and challenges; is of the view that such new avenues will prove imperative for increasing the Union’s economic competitiveness and its global influence as the champion of democracy, the rule of law, human rights and free trade in goods and services, and as the leader in the fight against climate change; notes that such new avenues should ensure decent working conditions and reduce the exploitation of third-country workers; notes, moreover, that in a scenario where barriers to legal labour migration are reduced and labour market discrimination against third-country workers is diminished, it is estimated that long-run GDP gains of EUR 74 billion per year could be made in the Union(26); is concerned that high barriers to legal labour migration entail reduced attractiveness of the Union in the global competition of workers of all skill levels; highlights that the introduction of new legal channels for migrants to enter the Union for work could generate up to EUR 37,6 billion in GDP gains per year(27);
2. Requests that the Commission submit, by 31 January 2022, on the basis of Article 79(2) TFEU, in particular points (a) and (b) thereof, a proposal for an act that would serve as a package of proposals to facilitate and promote entry into and mobility within the Union for legally migrating third-country nationals applying for work or already holding a work permit and that, by aligning provisions across the existing legal migration directives, would serve to reduce bureaucracy, enhance harmonisation, promote fundamental rights, such as equal treatment, and prevent labour exploitation, following the recommendations set out in the Annex to this Report; notes that such a new act supporting legal labour migration from third countries and a greater degree of mobility remains one of the main answers to the current mismatches between labour supply and demand;
3. Considers that the creation of a Union talent pool for third-country nationals who wish to apply for work with a view to migrating legally to a Member State, as well as for Union-based employers to search for potential employees in third countries, would be an essential tool for achieving the purpose of the proposed act and calls on the Commission to include the creation of such a talent pool in its proposal; proposes that the Commission include, within the talent pool, a Union talent remote network that would allow third-country nationals to work remotely in a Member State other than the one in which they are residing and the Commission and the Member states to work together to better understand the benefits and challenges of hiring third-country nationals talent remotely, and promote fair remote hiring of international talent; points out that such a network would be optional for Member States to use;
4. Supports the Commission’s statement in its communication of 23 September 2020 on a New Pact on Migration and Asylum regarding the enhancement of bona fide short-term mobility as a complement to legal pathways, especially for the purposes of research or study, in order to improve upstream cooperation with third countries and requests the Commission to explore this direction further;
5. Asks the Commission to take into account Article 15 (1) of the Parliament and Council partial provisional agreement on the Reception Conditions recast Directive, thus reducing the negative impact of forced inactivity until the finalisation of the asylum procedure;
6. Welcomes Directive (EU) 2021/1883 (the revised Blue Card Directive) but considers it insufficient due to the fact that the labour markets of the Union are also in need of low and medium-skilled workers, even though those needs differ; notes that the Union is already dependent on them in essential sectors such as agriculture and healthcare(28); calls, therefore, on the Commission to make it a priority to include in its proposal an ambitious admission scheme for low and medium-skilled third-country workers in consultation with social partners and civil society, while reflecting the needs of the Member States; calls on the Commission to include the creation of a framework for validation and recognition of the skills and qualifications of third-country nationals, including vocational training, based on objective and uniform criteria, to facilitate their early integration into the labour market; requests that the framework for validation and recognition of skills and qualification ensure that third-country nationals are consistently treated fairly during the validation and recognition process, enable efficient schemes and procedures, and facilitate obtaining information in an efficient and easy way; encourages the Commission to insist that national authorities continue to share information and best practices with one another; calls on the Commission, moreover, to promote by all means possible, including by means of targeted campaigns, the revised Blue Card Directive, including in start-ups and in the IT sector, where skills are recognised equivalently to qualifications as set out in Article 26, read jointly with Annex I, of that Directive; recalls, however, that Article 79(5) TFEU states that that Article “shall not affect the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, whether employed or self-employed”:
7. Considers that the Union is in need of attracting more self-employed persons and entrepreneurs and needs to enhance innovation, for example through youth mobility and nomad schemes; in order for the Union to remain relevant and competitive in the global market, increasing the agility, robustness, stability, and growth of its economy, while creating new economic activity and employment opportunities, calls on the Commission to include in its proposal a Union-wide admission scheme for the entry and residence of self-employed persons and entrepreneurs based on objective and uniform criteria, in particular for those working to establish small and medium-sized enterprises and start-ups, and of highly mobile self-employed third-country nationals, such as artists and cultural professionals; insists that the schemes proposed must include measures that enhance fundamental rights and promote equal treatment for third-country workers; considers that the Commission should introduce a five-year multiple-entry visa allowing that category of third-country nationals to enter the Union for up to 90 days per year;
8. Requests that the Commission include in its proposal a framework for talent partnerships with third countries that Member States could opt into on a voluntary basis, tailored to the situation and the benefit of both the sending and receiving countries in question, which should include vocational training programmes based on skills, in particular aptitude tests, workplace observation and simulations; calls on the Commission to ensure that that framework allows for Parliament to be able to fully exercise its scrutiny and evaluation role and that the proposal includes adequate mechanisms to prevent labour exploitation and ensure equal treatment; highlights that inspiration for the talent partnerships can be found in existing skills-based agreements in Member States and that the talent partnerships should be developed in consultation with relevant organisations both in the Member States and in third countries;
9. Maintains that it is essential to follow a different and balanced approach to the relationship between the Union and third countries in the field of migration; calls on the Union to strive for formal agreements with partner countries on migration mobility;
10. Welcomes the Commission’s planned review of Directive 2011/98/EU; notes that one of the objectives of that Directive is to simplify and harmonise the rules on permits currently applicable in the Member States and to promote equal treatment and that those objectives have not been fully achieved with some of the provisions of that Directive having been implemented in different ways across the Union; considers further that that the Commission should take the necessary steps to ensure first and foremost that that Directive be properly implemented by Member States, secondly that it be amended to allow applications for a single permit to be lodged both from within a Member State and from a third country, and thirdly, in order to further simplify and harmonise the rules, that the procedure for obtaining an entry visa be clearly regulated so as to avoid the situation where applicants would have to submit the documents needed to obtain a single permit twice and to reduce the dependency of workers and the risk of exploitation; points out that the lodging of an application from within a Member State should only be available if the third-country national holds a residence permit at the time the application is lodged; calls on the Commission to include such amendments to that Directive in its proposal;
11. Requests that the Commission include in its proposal the establishment of a transnational advisory service network, to be managed by the Commission, for legally migrating third-country workers, with each Member State designating a lead authority to process applications and to coordinate the advice and information provided to third-country nationals applying for work in the Union or already holding a work permit; insists that the lead authorities should be responsible for sharing information among Member States on third-country workers, should act as contact points for workers and employers with regard to the talent pool and should provide relevant information to third-country nationals interested in migrating legally to the Union for work; points out that such information could be transmitted either virtually or via relevant bodies present in third countries, such as Member State embassies or Union delegations; asks that the lead authorities be responsible also for close coordination with one another with regard to applications lodged for a single permit to reside and work in accordance with Directive 2011/98/EU in order to avoid double submissions and to encourage employers to consider the possibility of applying for that permit and to support them in that effort; points out that there is a need to facilitate the gathering of data, statistics and evidence and that there is a need for information-sharing between Member States to improve the efficiency and effectiveness of the legal migration acquis;
12. Calls on the Commission to include in its proposal an amendment to Directive 2014/36/EU to allow holders of work permits under that Directive a period of three months to seek new employment after having left their previous employer without having their work permit revoked, allowing them to reside legally within the Member State in question until the end of the period they are allowed to stay, but no longer than nine months, as set out in that Directive, provided that they are applying for work at another employer throughout that period; furthermore, in order to avoid labour exploitation, calls on the Commission to encourage Member States to fully apply that provision, thereby delinking residence permits from the employer and the job; calls on the Commission to include in its proposal an amendment to that Directive to allow Member States to renew work permits for the purposes of seasonal work up to a total period of five years;
13. Requests the Commission to include in its proposal an amendment to Directive 2009/52/EC to adapt its scope to include exploited legally residing third-country nationals working in the Union who are victims of conditions that affect their health and safety and violate their human dignity and to improve the enforcement of equal treatment provisions, such as accessible and effective complaints mechanisms and access to justice for all workers in case of exploitation and other criminal offences;
14. Is of the view that Directive 2003/109/EC, which is currently under used and does not provide an effective right to intra-Union mobility, should be amended to allow third-country nationals who are long-term residents of a Member State to reside permanently within another Member State from the day their permit is issued on terms similar to the terms applicable to Union citizens and to reduce the number of years of residence required to acquire EU long-term resident status from five to three years, and requests the Commission to include those amendments in its upcoming revision of that Directive; acknowledges that continuous residence in one Member State is one of the aspects that promotes the proper integration of a person in a community before that person decides to reside in another Member State; calls on the Commission to include those amendments in its proposal;
15. Is of the view that sufficient funding for the proposals set out in this report is required and considers that the financial implications of the requested proposal should be covered by the relevant Union budgetary allocation;
16. Instructs its President to forward this resolution and the accompanying recommendations to the Commission, the Council and the national parliaments.
ANNEX TO THE RESOLUTION:
RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED
Recommendation 1 (on the establishment of an EU talent pool for legally migrating third-country nationals)
– The European Parliament considers that the legislative act to be adopted should establish an EU talent pool and matching platform for third-country nationals who wish to apply for work in and migrate legally to a Member State, as well as for Union-based employers to search in third countries for potential employees, and should facilitate the admission and free movement of third-country workers. Job matching through the EU talent pool should happen on a voluntary basis. The European Parliament considers that such an EU talent pool should establish synergies with the existing framework, and that the legislative act should therefore amend Regulation (EU) 2016/589 in order to expand the current scope of the EURES Portal, established by that Regulation;
– The EU talent pool, as established by the legislative act, should allow third-country nationals to express their interest in and apply for work, while also enabling employers to search for potential employees. Third-country nationals should be able to apply for work where there is a shortage in the Member States’ labour markets, after having gone through a transparent and non-discriminatory application and pre-screening process, facilitated by the Union. The EU talent pool would serve as an optional tool that Member States could use to meet the demands of and shortages in the Member States’ labour markets that cannot be met by the domestic workforce. The EU talent pool should be complemented by increased coordination between participating national authorities, with the involvement of public employment services and local authorities, and it should take into account national specificities and the different demands of national labour markets. The promotion of the EU talent pool and its usage could be enhanced by targeted information dissemination, promoting the EU talent pool and matching platform in third countries and participating Member States. In that spirit, the Union-wide transnational advisory service network, referred to in Recommendation 6, should facilitate the running of the EU talent pool and serve as a contact point for the EU talent pool in the Member States. Utilising that network, based on the harmonisation of applications, would help to reduce bureaucracy at Member State level. Within the EU talent pool, an EU talent remote network should be set up in order to allow third-country nationals to work remotely in a Member State other than the one in which they are residing, and such remote workers should enjoy equal treatment.
Recommendation 2 (on an admittance scheme for low and medium-skilled third-country workers)
– Given the demographic challenges and the global competition for talent, it is a pressing need for many Member States to improve their attractiveness and to create admission schemes for all skilled third-country workers, not only for highly-skilled workers. With the replacement of Council Directive 2009/50/EC by Directive (EU) 2021/1883 (the revised Blue Card Directive) the Union has taken significant steps to achieve that goal for highly-skilled third-country workers. However, it is imperative that it also achieve that goal for third-country workers considered to be low or medium-skilled in order to fill vacancies and improve matching of the different needs of the Member States’ labour markets, as determined by the Member States themselves, and to be consistent in practicing Union values. This will further enhance the Union’s economic competitiveness.
– To properly address that issue, the European Parliament calls on the Commission to include, within the legislative act to be adopted, provisions setting up an admission scheme with conditions of entry and residence for low and medium-skilled third-country workers. That scheme should ensure equal treatment in line with the existing Union acquis on labour migration and include the creation of a framework within which third-country workers are able to have their skills and qualifications properly recognised and validated for use on the Member States’ labour markets. In order to prevent any abuse of third-country workers and to ensure that they are treated equally when working or applying for work in the Union, the European Parliament, while insisting on the proper implementation of Directive 2009/52/EC and its monitoring mechanisms, calls for the Directive to be amended to include legally residing third-country workers within its scope, as set out in Recommendation 8. Furthermore, the European Parliament calls on the proper implementation by the Member States of the relevant existing legal framework on the issue of legal labour migration.
Recommendation 3 (on an admittance scheme for entrepreneurs and self-employed persons)
– Traditionally, work permits are issued in the place where the third-country national already has an offer of employment. However, the European Parliament is of the view that the basis for issuing work permits could be improved and developed further. Along the same lines, the Commission has stated that its objective is to encourage more people to become entrepreneurs, thereby improving the Union’s innovation, creativity and economic performance(29). Self-employed third-country nationals or third-country nationals working as entrepreneurs might feel that the environment in their country of origin is not conducive for their start-up or for their efforts as entrepreneurs. Through a Union-wide admittance scheme, such third-country nationals could be given an opportunity to migrate legally to the Union and establish themselves and their businesses. Union-level action should strive towards a favourable environment for entrepreneurship, including for third-country nationals and for high common standards with respect to the fundamental rights of entrepreneurs and self-employed persons.
– To that end, the European Parliament considers that the legislative act to be adopted should include an admission scheme with conditions of entry and residence for self-employed persons and entrepreneurs, in particular for third-country nationals who establish small and medium-sized enterprises and start-ups, and that that admission scheme should ensure robust safeguards, equal treatment and the protection of fundamental rights. The definitions of ‘self-employed person’ and ‘entrepreneur’ vary across the Union, and they should continue to be defined by each Member State in accordance with their national legal traditions and case law.
Recommendation 4 (on the preparation of a framework for talent partnerships between Member States and third countries)
– The European Parliament calls on the Commission to prepare a tailor-made framework for talent partnerships in which Member States can voluntarily participate and to include that in the legislative act to be adopted. The talent partnerships should be open to third-country workers of all skill levels, as well as to students and graduates, and would serve as an efficient tool for Member States to match the skills of workers in third countries with the demands of the Member States’ labour markets which cannot be met by the domestic workforce. The aim of the talent partnerships is to add another legal channel as a mobility option for third-country nationals who wish to migrate to the Union for work and to tackle the issues of labour market shortages and mismatches across the Union, creating a ‘quadruple win’ for the Union, third countries, employers and migrant workers. The practical implementation of the talent partnerships would rely on close cooperation with national authorities, labour market institutions, civil society actors and social partners. The Commission should ensure that the European Parliament is able to, on a regular basis, scrutinise and evaluate the functioning of the talent partnerships, as well as to propose recommendations to improve the overall functioning of the framework for talent partnerships.
– A reinforced and more comprehensive approach would offer cooperation with partner countries and help boost mutually beneficial international mobility. It is important that Member States and third countries have equal opportunities to develop the talent partnerships and are able to create a transparent and accessible process for applicants. The talent partnerships should be inclusive and build strong cooperation between the institutions concerned, for example national ministries of labour and education, employers, social partners, and education and training providers. It is important that the Member States strongly engage with the talent partnerships, that the private sector, in particular Union businesses, social partners and relevant civil society actors, be involved and that partner countries have a meaningful sense of ownership.
Recommendation 5 (on the simplification and improvement of Directive 2011/98/EU)
– The European Parliament is of the view that the procedures with respect to Directive 2011/98/EU should be further harmonised for that Directive, in particular its equal treatment provisions, to be fully efficient and properly implemented. Therefore, the European Parliament considers that the legislative act to be adopted should amend that Directive in order to allow for applications for a single permit to be lodged both from within a Member State and from a third country, while engaging both the Member States and third countries in the exchange of information and coordination of the applications lodged, in full compliance with Union data protection standards. However, in order to be able to lodge an application for a single permit from within the territory of a Member State, the third-country national must have a valid residence permit at the time the application is lodged. The European Parliament moreover calls for the clear regulation and streamlining of the procedure for applying for an entry visa in order to avoid the situation whereby applicants would have to submit the documents needed to obtain a single permit twice. The European Parliament furthermore asks the Commission to analyse and reduce the administrative requirements and inefficiencies in permit procedures which prevents migration by legal pathways from responding to real labour market needs. Lastly, the European Parliament considers that the legislative act to be adopted should contain changes that would alleviate the difficulties third-country nationals holding work permits face when changing employment, as they currently are too dependent on the employer and therefore prone to labour exploitation.
Recommendation 6 (on the establishment of a Union-wide transnational advisory service network for legally migrating workers)
– The European Parliament is of the view that systematic cooperation between and engagement with the authorities of Member States and of third countries is required to enhance legal pathways for labour migration. To achieve that goal, the European Parliament considers that the legislative act to be adopted should establish a transnational advisory service network, managed by the Commission, for third-country workers, with each Member State designating a lead authority to coordinate the advice and information provided to legally migrating third-country nationals applying for work in the Union. The transnational advisory service network should build on existing established networks and services and, if necessary, expand the scope of such established networks and services. The authorities of each Member State should also be responsible for closely coordinating with one another with regard to applications lodged for a single permit to reside and work in the Union in accordance with Directive 2011/98/EU in order to avoid double submissions. The transnational advisory service network should also take into account national specificities and the different demands of national labour markets.
– In addition, each Member State should be responsible for requesting from employers information on third-country workers, in full respect of Union data protection law, in order to enable third-country workers to be connected with the relevant authorities and support services and in order to facilitate the protection of third-country workers and the strengthening of their equal rights and treatment. Moreover, the legislative act to be adopted should ensure that employers provide accurate and timely information about the rights, the relevant authorities and the services available to third-country workers. The transnational advisory service network should facilitate the running of the talent pool, as outlined in Recommendation 1, and relevant civil society organisations, including diaspora communities, should be consulted in the development of the transnational advisory service network.
Recommendation 7 (on amending Directive 2014/36/EU to enable seasonal workers to change employer
– Promoting professional mobility for legally residing third-country nationals working in a Member State also means protecting them from exploitation. Numerous third-country workers, in particular low-skilled third-country workers, hesitate to leave an exploitative employer because it would mean that they would lose their work permit and right to stay in the Union. This is currently evident in the desperate situation of many workers in different sectors across the Union, such as in the catering, hotel and entertainment sectors, as well as care workers(30). Holders of a work permit issued under Directive 2014/36/EU are, in particular, prone to exploitation because they often tend to work within sectors mainly employing low-skilled workers.
– Therefore, the European Parliament considers that the legislative act to be adopted should amend Directive 2014/36/EU to allow holders of work permits under that Directive a period of three months to seek new employment after having left their previous employer without having their permit revoked. The holders should be allowed to reside within the Union until the end of the period they are allowed to stay, but no longer than nine months, as set out in that Directive. The European Parliament recommends that the Commission, at the same time, consider other appropriate amendments to that Directive in order to bring it up to date and in line with other more recent Union legal acts dealing with legal migration, including allowing the application to be submitted from within the territory of the Member State, and to further address persistent labour exploitation of seasonal workers.
Recommendation 8 (on amending the Directive 2009/52/EC to include legally residing third-country nationals and to address labour exploitation)
– Directive 2009/52/EC contains several tools that can be used to support irregularly staying third-country nationals working within the Union. The fact that it only covers irregularly staying third-country workers is, however, a substantial flaw. While regularly staying third-country workers enjoy a higher level of protection, mainly by virtue of their legal right to stay within the Union but also through other means, they too can be exploited and remain more vulnerable than Union citizens. Consequently, the European Parliament sees a need to amend Directive 2009/52/EC to enforce a horizontal provision strengthening the effective access to labour rights and to effective remedies through complaints mechanisms and legal procedures and to make that Directive applicable to all third-country nationals working in the Union.
Recommendation 9 (on the need for a revision of Directive 2003/109/EC)
– Holders of EU long-term residence permits face a number of barriers to the exercise of their right to move to and reside in other Member States for work, study or other reasons. This is because the conditions for mobility which EU long-term residents must fulfil in many cases are similar to the conditions other third-country nationals must fulfil for a first-time application for a long-term permit. In 2017, in the 25 Member States bound by Directive 2003/109/EC, there were approximately 3,1 million third-country nationals holding an EU long-term residence permit as compared to approximately 7,1 million third-country nationals holding a national long-term residence permit. It can therefore be concluded that third-country nationals underuse the EU long-term residence permit, meaning that many of them do not enjoy the benefits flowing from having Union status, despite the fact that they would be eligible. The implementation report on that Directive points to the fact that most Member States have not actively promoted the use of the EU long-term residence permits and, as a result, there is no ‘level-playing field’ between the Union legislative scheme and the national equivalent(31).
– The European Parliament therefore considers that the legislative act to be adopted should amend Directive 2003/109/EC to allow third-country nationals who are long-term residents of a Member State to reside permanently within another Member State from the day their permit is issued on terms similar to the terms applicable to Union citizens. The European Parliament recommends that the Commission, at the same time, consider other appropriate amendments to that Directive to bring it up to date and in line with other more recent Union legal acts dealing with third-country nationals legally staying in the Union. The European Parliament requests the Commission to, as a minimum, include in its proposal a reduction of the number of years required for acquiring an EU long-term residence permit from five to three years, particularly to enhance mobility, and a simplification and harmonisation of procedures. By making such amendments, Directive 2003/109/EC would facilitate intra-Union mobility as well as international mobility to and from the Union and third countries. Lastly, the European Parliament encourages the Commission to conduct a study on the issue of third-country nationals’ turnover rates within the Union in order to better understand the reasons for departure from a Member State within the first three years of arrival.
Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
Navarra, C. and Fernandes M.: Legal migration policy and law - European added value assessment, European Parliamentary Research Service, 2021, with annexes I and II.
Introduction of a European Social Security pass for improving the digital enforcement of social security rights and fair mobility
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European Parliament resolution of 25 November 2021 on the introduction of a European social security pass for improving the digital enforcement of social security rights and fair mobility (2021/2620(RSP))
– having regard to Article 3 of the Treaty on European Union,
– having regard to Article 153 of the Treaty on the Functioning of the European Union (TFEU),
– having regard to its resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe(1),
– having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights(2),
– having regard to its resolution of 17 December 2020 on a strong social Europe for Just Transitions(3),
– having regard to its resolution of 22 October 2020 on the employment and social policies of the euro area 2020(4),
– having regard to its resolution of 20 January 2021 on strengthening the single market: the future of free movement of services(5),
– having regard to its resolution of 20 May 2021 on impacts of EU rules on the free movements of workers and services: intra-EU labour mobility as a tool to match labour market needs and skills(6),
– having regard to its resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis(7),
– having regard to question E-001132/2021 of 25 February 2021 and the written answer thereto, provided by the Commissioner for Jobs and Social Rights on behalf of the Commission on 28 April 2021(8),
– having regard to Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work(9),
– having regard to Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority(10),
– having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems(11),
– having regard to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems(12),
– having regard to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services(13),
– having regard to Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services(14),
– having regard to Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’)(15),
– having regard to Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012(16),
– having regard to Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs(17),
– having regard to Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector(18),
– having regard to Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union(19),
– having regard to CJEU judgment in case C-55/18, according to which Member States must require employers to set up a system enabling the duration of daily working time to be measured(20),
– having regard to the European Pillar of Social Rights (EPSR), proclaimed by the European Council, Parliament and the Commission in November 2017,
– having regard to the Commission proposal of 3 June 2021 for a regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity (COM(2021)0281), ‘a trusted and secure European e-ID’,
– having regard to the Commission communication of 30 March 2020 on guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak,
– having regard to the Commission communication of 16 July 2020 on guidelines on seasonal workers in the EU in the context of the COVID-19 outbreak,
– having regard to the Commission communication of 4 March 2021 on the European Pillar of Social Rights Action Plan (COM(2021)0102),
– having regard to the question to the Commission on the introduction of a European Social Security Pass for improving the digital enforcement of social security rights and fair mobility (O-000071/2021 – B9‑0041/2021),
– having regard to Rules 136(5) and 132(2) of its Rules of Procedure,
– having regard to the motion for a resolution of the Committee on Employment and Social Affairs,
A. whereas intra-EU labour mobility has followed an upward trend in recent years; whereas in 2019, 17,9 million people from the EU-28 moved to another EU country; whereas 13 million of these movers were of working age and 78 % of them were employed; whereas there were 1,5 million cross-border workers in the EU in 2019(21); whereas the active movers accounted for 4.3 % of the total labour force in the EU’s 28 Member States in 2019; whereas the Commission’s 2017 data estimates undeclared work at approximately 11,6 % of total labour input in the EU private sector and 16,4 % of gross value added(22); whereas 4,6 million A1 portable documents were issued in the EU in 2019 which accounts for an estimated 3,06 million workers; whereas posted workers are required to possess an A1 form when working in another Member State; whereas the A1 form provides information regarding the social security system which is covering a worker; whereas A1 forms do not provide up-to-date information in real time regarding social security coverage;
B. whereas Eurofound data shows that the spells of intra-EU mobility are getting shorter, with 50 % of movers staying in the host country for one to four years; whereas return mobility has also increased(23): for every four people who left a Member State in 2017, three returned(24); whereas shorter and repeated spells of mobility make it even more necessary for mobile workers to keep track of their social security contributions and pension rights;
C. whereas Article 48 TFEU confers on Parliament and the Council, acting in accordance with the ordinary legislative procedure, the competence to adopt such measures in the field of social security as are necessary to provide freedom of movement for workers; whereas to this end, they must make arrangements to secure social security rights for employed and self-employed migrant workers and their dependants; whereas Article 153(1) TFEU confers on the Union the competence to support and complement the activities of the Member States in the field of social security; whereas Article 153(2) TFEU establishes that, in the field of social security, the Council is to act unanimously, in accordance with a special legislative procedure, after consulting Parliament, the European Economic and Social Committee and the Committee of the Regions;
D. whereas mobile workers and citizens contribute to the wealth of the socio-economic fabric in border regions, which account for 40 % of the EU’s territory; whereas it is therefore necessary to ensure a level playing field and fair mobility conditions for citizens by providing them with the appropriate tools in order to guarantee them legal certainty, protection of their rights and social security coverage; whereas it is important to avoid placing an excessive administrative burden on companies, in particular small and medium-sized enterprises (SMEs);
E. whereas Principle 12 of the European Pillar of Social Rights states that, regardless of the type and duration of their employment relationship, workers and, under comparable conditions, the self-employed have the right to adequate social protection;
F. whereas the challenges concerning unfair competition based on labour exploitation, fraudulent forms of contracting and unfair practices such as social dumping remain an issue across Member States and are highly problematic for European companies, workers and societies; whereas various forms of contracting work appear to be most affected by fraud; whereas there is a lack of reliable data to establish the size of the problem especially in the context of the posting of workers(25); whereas one of the causes is the lack of effective monitoring and enforcement of applicable Union law, in particular as regards the principles of equal treatment and equal pay for equal work at the same place, which cannot be guaranteed if the principle of traceability and portability of rights is not respected and which needs to be improved;
G. whereas the COVID-19 pandemic has highlighted and exacerbated the precarious working and living conditions of many mobile and cross-border workers in the EU; whereas the crisis has shed light on the importance of robust and stable social security systems, ensuring that no one is left behind as a result of having exercised their freedom of movement; whereas at the outbreak of the pandemic, measures taken by Member States resulted in legal uncertainty for mobile workers as regards applicable rules on social security and many struggled to request unemployment benefits remotely; whereas the pandemic has shed light on the particular vulnerabilities of undeclared and seasonal workers without social security coverage, and abuse and fraudulent use of COVID-19 induced short-term financial support rescue packages has led to increased levels of undeclared and under-declared work, including new forms of undeclared work support(26);
H. whereas digitalisation provides an unprecedented opportunity to facilitate labour mobility while making compliance with applicable EU provisions faster and easier to control; whereas there is no EU-wide systematic data gathering exercise aiming to provide adequate data on mobile workers or to facilitate the portability of social security rights across borders through the real-time verification of workers’ social security coverage and benefits by competent actors and institutions; whereas access to information on applicable rules as well as effective compliance, monitoring and enforcement are necessary preconditions for fair mobility and the fight against abuses; whereas digital technology, which can facilitate the supervision and enforcement of legislation, safeguarding the rights of mobile workers and reducing administrative costs for companies and national institutions, should therefore be promoted and used in compliance with data protection rules;
I. whereas different forms of national cards or comparable instruments in the field of labour law have been developed by national social partners in various sectors in the Member States, either in cooperation with local authorities or by national authorities; whereas these various initiatives have an essential characteristic in common: an identification number or a personal card that supply workers, authorities and main providers with an effective instrument to ensure social security coverage and decent wages and working conditions at the workplace; whereas these initiatives create awareness of employment and working conditions for all workers and improve enforcement;
J. whereas in its resolution of 14 January 2014 on effective labour inspections, Parliament called on the Commission to investigate the benefits of introducing a forgery-proof European social security card or other EU-wide electronic document at European level, on which could be stored all the data needed to verify the bearer’s employment relationship, such as details on social security status and working hours, and which would be subject to strict data protection rules; whereas in its resolution of 19 January 2017 on a European Pillar of Social Rights, Parliament pointed to the potential of accessible e-government solutions, possibly including a European social security card, with strong data protection guarantees, which could improve EU social security coordination and individual awareness; whereas, in its resolution of 22 October 2020 on the employment and social policies of the euro area 2020, Parliament called on the Commission to put forward a proposal for a digital EU social security number following a proper, fact-based impact assessment; whereas in its resolution of 17 December 2020 on a strong social Europe for Just Transitions, Parliament called once again on the Commission to put forward a proposal for a digital European social security number (ESSN) and for a potential control mechanism such as a personal labour card, and asserted that workers and their representatives and inspectorates must have up-to-date access to information about their employers and their wage entitlements and labour and social rights; whereas in its resolution of 20 May 2021 on intra-EU labour mobility, Parliament stressed that the digitalisation of data exchanges between Member States could facilitate the free movement of workers on a fair and equitable basis as well as ensuring the enforcement of relevant Union rules;
K. whereas the Commission’s work programme for 2018, dated 24 October 2017, announced the intention to introduce an ESSN with the aim of contributing to the overall objective of safeguarding fair working conditions for mobile workers, upholding social standards for all mobile citizens and ensuring their proper enforcement; whereas the Commission consulted stakeholders and citizens on the introduction of an ESSN between 27 November 2017 and 7 January 2018; whereas in its 2017 inception impact assessment for an ESSN, the Commission envisaged, in a longer-term perspective, the possibility of extending the use of the ESSN to other policy areas beyond social security coordination; whereas the Commission confirmed in its 2019 Annual Burden Survey, published on 13 August 2020, that it was working on an initiative on an ESSN; whereas Commission President Ursula von der Leyen announced in the State of the European Union speech on 16 September 2020 that the Commission would soon propose a trusted and secure European e-identity system; whereas the Commission announced in the European Pillar of Social Rights action plan that it would start a pilot in 2021 to explore launching a European social security pass (ESSP) by 2023, building on the initiative for a European e-ID;
L. whereas the European Trade Union Confederation considers the ESSN a valuable instrument to fight fraud and social security abuses; whereas on 12 January 2018, Business Europe published a note stressing the potential of the ESSN to improve the coordination of social security in the EU, while also addressing concerns related to the diversity of national social security systems, possible data protection issues and additional administrative burdens; whereas the social partners in the construction sector have called for effective digital tools to ensure the enforcement of the applicable legislation, including a European approach to personal labour cards(27);
M. whereas the European Labour Authority (ELA) was established in June 2019; whereas an ESSN is not included in the ELA Regulation; whereas the objective of the ELA is to ensure fair labour mobility by assisting Member States and the Commission in their effective application and enforcement of Union law related to labour mobility and the coordination of social security system;
1. Recalls that Parliament has called on the Commission on several occasions since 2014 to investigate the benefits of introducing a legislative proposal for an ESSN in order to create an EU-wide digital instrument for social security coordination and safeguarding fair labour mobility for mobile workers; expresses its regret that the Commission has not presented a proposal for an ESSN despite making several commitments to do so; reiterates its call on the Commission to give an explanation as to why it has not done so;
2. Calls on the Commission to share with Parliament the draft impact assessment of the ESSN that was submitted to the Regulatory Scrutiny Board (RSB) in 2017/2018 and to share with it the opinion of the RSB on this draft impact assessment; calls on the Commission to share with Parliament any other documents that have contributed to its decision not to move forward with the proposal for an ESSN;
3. Welcomes the commitment of the Commission in the European Pillar of Social Rights action plan to start a pilot to explore launching a digital ESSP; welcomes the launch of pilot projects to explore digital solutions and calls on the Commission to duly inform Parliament about the results and the possible difficulties faced during the implementation phase; underlines that the ESSP pilot project needs to have a strong focus on safeguarding fair mobility; calls on the Commission to step up its ambition as regards both content and timing, launching a proper assessment in parallel with the pilot based on the work done so far with a view to initiating a legislative proposal on the ESSP before the end of 2022, in order to ensure the portability and traceability of workers’ rights as soon as possible;
4. Takes note of the Commission’s proposal on establishing a framework for a European digital identity; calls on the Commission to update Parliament on the rolling out of the e-ID; considers that the ESSP initiative, which is intended to be anchored in the e-ID framework, should be mandatory for all Member States;
5. Points to the role played by mobile workers during the COVID-19 pandemic, especially in certain key sectors, and the urgent need to guarantee these workers not only decent working conditions but also equal conditions for work of equal value done in the same place;
6. Considers that the introduction of an ESSP initiative should aim to: ensure effective identification, traceability, aggregation and portability of social security rights; improve enforcement of EU rules on labour mobility and social security coordination in the labour market in a fair and effective way to ensure a level playing field in the EU; enable real-time verification of the mobile workers’ insurance status and contributions by the relevant national authorities such as labour and social security inspectorates and social partners, where they are carrying out or involved in labour and social security inspections; better prevent unfair practices such as abuse and social fraud, and therefore contribute to combating undeclared work and non-compliance with wage setting mechanisms in place in the host country and obligations related to social security contributions; underlines that a ESSP would also make it easier for workers to track and claim their social security contributions and benefits such as pension rights, facilitating their portability; stresses that the ESSP, building on the European e-ID, should entail both an element of identification of the mobile citizen and worker, and an element of real-time verification of their social security benefits;
7. Underlines that an ESSP initiative should aim to safeguard social rights by facilitating information and improving enforcement of applicable rules on social security coordination and labour mobility in cross-border situations; considers that the Commission’s proposal for an ESSP initiative needs to bring about clear benefits for all stakeholders involved in the process of mobility such as mobile citizens and workers, businesses, including SMEs, employers, and trade unions, as well as national authorities such as labour and social security inspectorates; is of the opinion that an ESSP initiative should aim to simplify interactions and bring these stakeholders in cross-border situations closer together, with the objective of better protecting mobile citizens and workers and their rights, and providing all these stakeholders with clear information in order to improve predictability and make the administrative procedures run in a smooth and time-efficient way; recalls that an ESSP initiative must be in line with the principle of subsidiarity and therefore without prejudice to national social security systems and their diversity, respecting the traditions of each Member State, national labour market models and the autonomy of social partners; underlines that an ESSP initiative must not constitute a requirement to be able to exercise one’s freedom of movement, but must aim to facilitate access to information and improve enforcement of applicable rules on social security coordination and labour mobility in cross-border situations;
8. Calls on the Commission, in close cooperation with the ELA and after a proper assessment, to put forward a legislative proposal for an ESSP with a view to providing national authorities such as labour and social security inspectorates and social partners, where they are carrying out or are involved in labour and social security inspections, with a real-time instrument to effectively enforce national and EU law; believes that the ESSP should enable real-time verification of workers’ place of work, place of employment, employment relationship and identity, as well as standardised social security benefits, provisions and certificates as set out in Regulation (EC) No 883/2004; calls on the Commission to assess the possibility of the ESSP enabling checks of other relevant information without prejudice to data protection rules and while ensuring equal treatment;
9. Believes that the ESSP must cover all mobile EU citizens and workers including the self-employed, as well as all mobile third country nationals who are covered by EU rules on intra-EU mobility;
10. Considers that the introduction of an ESSP should include a system of real-time verification and monitoring control and exchange of information via cross-referencing between national databases in strict compliance with the EU rules on the protection of personal data, in order to be fully functional and to maintain a high level of data reliability and of certification of identifiers, and avoid errors and fraudulent use; stresses that social security and personal data should only be made available to the person and the competent national authorities concerned, and should not be shared for any other purposes than the enforcement of EU rules on social security coordination and intra-EU labour mobility in strict compliance with data protection rules; considers that in Member States where social partners are carrying out or are involved in labour inspections, access to social security data of workers from other Member States must be ensured for social partners without jeopardising compliance with data protection provisions;
11. Welcomes initiatives in several Member States to improve effective enforcement of Union law through the use of national cards or comparable instruments in the field of labour law(28); stresses that while these national initiatives create awareness of wage and working conditions for all workers and improve enforcement, they cannot facilitate an exchange of valid and accurate information including employment relationships and rights across borders; calls on the Commission to ensure that the ESSP initiative affords Member States the possibility to draw on the information made available by the improved identification and verification possibilities provided by national cards or comparable instruments in the field of labour law in countries where these initiatives exist; stresses that the integration of the ESSP in the national cards or comparable instruments in the field of labour law should not replace but be complementary to these national practices, and only provide the relevant information to the appropriate authorities; adds that it must be without prejudice to the autonomy of national social partners and working conditions set out by applicable collective agreements in accordance with national law and practice; believes that the ESSP and its integration with national cards or comparable instruments in the field of labour law where they exist may prove to be a basis for future enforcement efforts at EU level;
12. Believes that all workers, social partners and national labour and social security inspectorates should have up-to-date access to information about employment relations, wage entitlements and labour and social rights, in accordance with the applicable collective agreement or national legislation;
13. Notes that the portable document (PD) A1 is important but that it is currently the only instrument for the verification of social security coverage of mobile workers; acknowledges the limitations and challenges related to the PD A1 procedure, in particular with regard to the use of PD A1 forms by employers, depending on the level of digitalisation of social security systems in Member States, as well as their verification by the competent national authorities in the context of the provision of services in another Member State, but also to obtaining accurate information on the number and characteristics of posted workers in the EU; calls on the Commission and the Member States to further improve the verification process of PD A1 forms and believes that speedy procedures between Member States must be developed to address fraudulently obtained or used PD A1 certificates; notes that the limitations and challenges related to the PD A1 are an obstacle to obtaining accurate information on the number and characteristics of posted workers in the EU; points out that the ESSP initiative would provide real-time information on the social security coverage of mobile workers on the day of a labour inspection in the host Member State; calls on the Commission to ensure that the ESSP pilot project facilitates social security coverage by simplifying the procedures on request, issuance and verification of the PD A1 in order to combat fraud;
14. Considers that the ESSP should build on and complement the European e-ID, the European Health Insurance Card (EHIC) and the Electronic Exchange of Social Security Information (EESSI), including with a view to being extended to other areas of social security coordination and EU labour law; calls on the Commission and the Member States to ensure that the EESSI becomes fully functional as soon as possible and to make use of the opportunities provided by existing EU funds to facilitate the implementation of the national plans under the Recovery and Resilience Facility to fully implement the EESSI and further digitalise public administration, facilitate exchanges between social security institutions, speed up the handling of individual cases and improve the enforcement capacity of the ELA and relevant national competent authorities; calls on the Commission to clarify the role that the ELA will have in the design and implementation of the ESSP; underlines that increased digitalisation must not undermine national safeguards that are already in place to counter social fraud;
15. Calls on the Commission to cooperate closely with social partners and relevant national social security institutions and labour inspectorates when it comes to the development and introduction of an ESSP initiative, ensuring full respect for the autonomy of social partners and national labour market models; considers that an ESSP with real-time data access would allow for national competent authorities and social partners to verify social security coverage for workers at any given point in time and thereby strengthen labour inspections and support the collection of evidence in joint cross-border labour inspections(29);
16. Instructs its President to forward this resolution to the Council and the Commission, the European Economic and Social Committee and the governments and parliaments of the Member States.
European Commission, Annual Report on Intra-EU Labour Mobility 2020, 8 January 2021. https://ec.europa.eu/social/main.jsp?catId=738&langId=en&pubId=8369
European Commission, Evaluation of the scale of undeclared work in the European Union and its structural determinants, November 2017. https://ec.europa.eu/social/BlobServlet?docId=19002&langId=en
European Commission, Annual Report on Intra-EU Labour Mobility 2020, 8 January 2021. https://ec.europa.eu/social/main.jsp?catId=738&langId=en&pubId=8369
Eurofound, Exploring the fraudulent contracting of work in the European Union, Publications Office of the European Union, Luxembourg, 21 November 2016.
European Platform tackling undeclared work, COVID 19: combating fraud in short-term financial support schemes, May 2021. https://ec.europa.eu/social/BlobServlet?docId=24072&langId=en
EFBWW & FIEC statement, EU construction social partners call for digital enforcement, 24 June 2021. https://www.efbww.eu/news/eu-construction-social-partners-call-for-digital-enforcement/2657-a
Eurofound, Joint cross-border labour inspections and evidence gathered in their course, 2019.
Multilateral negotiations in view of the 12th WTO Ministerial Conference in Geneva, 30 November to 3 December 2021
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European Parliament resolution of 25 November 2021 on multilateral negotiations in view of the 12th WTO Ministerial Conference in Geneva, 30 November to 3 December 2021 (2021/2769(RSP))
– having regard to the Marrakesh Agreement of 15 April 1994 establishing the World Trade Organisation (WTO),
– having regard to the Doha Ministerial Declaration of the WTO of 14 November 2001(1),
– having regard to its previous resolutions on the WTO, in particular those of 15 November 2017 on multilateral negotiations in view of the 11th WTO Ministerial Conference(2), of 29 November 2018 entitled ‘WTO: the way forward’(3) and of 28 November 2019 on the crisis of the WTO Appellate Body(4),
– having regard to its resolution of 20 May 2021 on accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030(5),
– having regard to its resolution of 10 June 2021 entitled ‘Meeting the Global COVID-19 challenge: effects of the waiver of the WTO TRIPS Agreement on COVID-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries’(6),
– having regard to the outcome document adopted by consensus on 7 December 2018 at the Annual Session of the Parliamentary Conference on the WTO in Geneva(7),
– having regard to the results of the 11th Ministerial Conference held in Buenos Aires in December 2017, which include a series of ministerial decisions, and at which it was not possible to adopt a ministerial declaration,
– having regard to the Buenos Aires Declaration on Women and Trade of 12 December 2017, as well as to the joint statements on electronic commerce, investment facilitation and micro, small and medium-sized enterprises (MSMEs) adopted in Buenos Aires on 13 December 2017,
– having regard to the UN Sustainable Development Goals (SDGs),
– having regard to the Paris Agreement within the United Nations Framework Convention on Climate Change (UNFCCC), in effect since November 2016,
– having regard to the joint statement of the trilateral meeting of the trade ministers of the United States, Japan and the European Union adopted on 14 January 2020,
– having regard to the Bali Ministerial Decision of 7 December 2013 on public stockholding for food security purposes,
– having regard to the Commission’s concept paper of 18 September 2018 on WTO modernisation,
– having regard to the Commission’s Trade Policy Review and its annex entitled ‘Reforming the WTO: Towards a sustainable and effective multilateral trading system’,
– having regard to the Ottawa Group’s Trade and Health Initiative(8),
– having regard to the communication from the EU to the WTO General Council of 4 June 2021 on urgent trade policy responses to the COVID-19 crisis,
– having regard to the sixth assessment report of the Intergovernmental Panel on Climate Change (IPCC)(9),
– having regard to Rule 132(2) of its Rules of Procedure,
– having regard to the motion for a resolution of the Committee on International Trade,
A. whereas the WTO was created to further the liberalisation of trade in goods and services, strengthen multilateralism and foster an open, inclusive, rules-based and non-discriminatory multilateral trading system; whereas trade is vital and a key instrument for supporting and complementing efforts to advance sustainable growth and improve standards of living, ensuring full employment and a large and steadily growing volume of real income in accordance with the objective of sustainable development;
B. whereas the rules-based multilateral trading system is currently facing a serious crisis, threatening the basic functions of the organisation, namely setting the essential rules and structure for international trade and delivering effective dispute resolution and enforcement;
C. whereas as of 11 December 2019, the WTO Appellate Body ceased to be operational, which brought to a standstill the functional, independent and impartial appellate stage;
D. whereas the WTO has a clear mandate under SDG 14.6 to engage in fisheries subsidies negotiation in order to find an agreement which prohibits certain forms of fisheries subsidies that contribute to fleet overcapacity and overfishing, with a view to fostering the sustainable management of fishing resources;
E. whereas the COVID-19 pandemic has created unique challenges for the multilateral trading system while placing the crucial issue of trade and health on the agenda;
F. whereas despite overt or latent export restrictions, in overall terms, trade and the multilateral system have played a positive role in tackling the pandemic; whereas the pandemic also revealed weaknesses and vulnerabilities, in particular in essential supply chains; whereas, in this context, the WTO’s monitoring function has proved useful in insisting that members to provide transparency on trade and trade-related measures taken in the context of COVID-19;
G. whereas the 12th WTO Ministerial Conference (MC12) will take place in Geneva, Switzerland, from 30 November to 3 December 2021;
1. Reiterates its full commitment to the enduring value of multilateralism and underlines that a multilateral system to govern trade is essential; calls for a trade agenda based on fair and rules-based trade for the benefit of all, which contributes to sustainable economic growth and prosperity, thereby strengthening peace and security; emphasises the importance of the SDGs, social, environmental and human rights and ensuring that multilaterally agreed and harmonised rules are applied by all;
2. Warns that the WTO is at risk of losing legitimacy if not all members commit to a successful outcome of MC12; believes that MC12 should be the official starting point for advancing and modernising the WTO to ensure it can play a role in addressing the challenges of the 21st century, including issues such as climate change and sustainability; urges, in the light of the post-COVID recovery, all members to step up efforts to focus on a few core tangible outcomes that show that the WTO can address current challenges; asks members to find, as a minimum, a multilateral agreement on prohibiting unsustainable fisheries subsidies, as well as on pandemic response, a limited package on agriculture, and on launching work towards institutional reform, including a process that would lead to a fully functioning dispute settlement system by MC13 at the latest; warns all members that without substantial outcomes at MC12, some members might look for alternative forums for rule-making, which might jeopardise the future of the multilateral trading system; welcomes the appointment of new WTO Director-General Ngozi Okonjo-Iweala, and commends her great commitment to multilateralism;
3. Stresses the crucial importance for the WTO’s credibility as a multilateral institution of reaching an agreement on harmful fisheries subsidies that effectively triggers a prompt and significant reduction in certain forms of fisheries subsidies which contribute to overcapacity and overfishing, and eliminates subsidies that contribute to illegal, unreported and unregulated fishing (IUU) in order to ensure the sustainable use of marine resources; emphasises in this regard the principle of common but differentiated responsibilities according to the size of the harmful subsidies, while respecting the need for special and differentiated treatment in line with SDG 14.6; points out that more than 39 million people depend directly on capture fisheries, while many millions more depend on it in downstream industries; considers such an agreement to be essential not only for the credibility of the WTO to reach multilateral agreements, but also as a prerequisite for showing the strong link between the multilateral trading system and the SDGs; stresses the importance of the EU explaining its stance and internal rules in order to increase its credibility;
4. Recognises the crucial role of trade policy during the COVID-19 pandemic; reiterates its resolution of 10 June 2021 entitled ‘Meeting the Global COVID-19 challenge: effects of waiver of the WTO TRIPS agreement on COVID-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries’; stresses, in this regard, the need to outline a basic agreement aiming to eliminate tariffs on pharmaceutical and medical goods, to abolish export restrictions, and on disciplines on transparency and global cooperation in times of crisis, in a ministerial declaration in line with the Trade and Health Initiative; believes that such an agreement is of utmost importance to show the relevance of the WTO; calls for the establishment of a new permanent Committee on Trade and Health at MC12 in order to assist governments with implementing existing exceptions and flexibilities in international trade law and to lay the groundwork for a trade pillar for the negotiations on a future international treaty on pandemic response; believes that many, especially developing, countries face difficulties in the use of TRIPS flexibilities, notably Article 31bis; recalls that the EU should actively participate in text based negotiations on a temporary TRIPS waiver; calls, in that regard, for the EU to support the granting of a temporary waiver from certain provisions of the TRIPS agreement for COVID-19, in order to enhance timely global access to affordable COVID-19 vaccines, therapeutics and diagnostics by addressing global production constraints and supply shortages;
5. Calls on all WTO members to respect their commitments on transparency in all agricultural pillars, as well as to agree on systematic improvements as suggested in the EU’s co-sponsored proposal for a ministerial decision on transparency improvements in agriculture in document JOB/AG/213; stresses the importance of adopting a work plan on trade-distorting domestic support including a permanent solution on public stockholding as mandated by the Bali Ministerial Declaration, with a mandatory system of notifications built on an effective mechanism of technical assistance and capacity-building to ensure stockholding programmes are proportionate to and comply with the objective of food security and to minimise trade distortions and adverse consequences for the food security of other members; stresses that the Agreement on Agriculture must be adapted to meet the challenges of the present day and to ensure fairer competition conditions by taking into account modes of production; supports Director-General Okonjo-Iweala in her call for a WTO food security package;
6. Considers that it is now a matter of urgency to proceed to a substantive reform of the WTO in the light of the deep crisis facing the organisation, but also owing to the long-standing lack of progress on the Doha Development Agenda (DDA), and underlines that the relevant issues of the DDA should remain on the agenda; calls on WTO members to fundamentally review several aspects of the WTO, specifically its monitoring, negotiating and dispute settlement functions, with a view to increasing its effectiveness, inclusiveness, transparency and legitimacy; urges all WTO members to focus on a constructive process of change to modernise and equip the WTO with tools that effectively address the trade challenges of the 21st century, and to establish an institutional mechanism and clear timeline to carry the reform agenda forward at MC12 with the objective of achieving concrete outcomes by MC13 at the latest;
7. Welcomes the remarks by US Ambassador Tai on the WTO on 14 October 2021, and in particular the clear commitment to reforming all three functions of the organisation; expects the United States to now come forward with concrete proposals to move forward; urges the United States to commit to starting a constructive negotiation process on dispute settlement reforms at MC12 so that a fully functioning system is in place no later than MC13;
8. Deeply regrets the stalemate at the WTO Appellate Body, which is depriving the global trading system of an enforceable dispute settlement system; warns that without a functioning Appellate Body, the WTO is toothless and the tendency to breach multilateral agreements will only increase; notes that currently more than 15 cases for appeal have been notified, without the possibility of review; strongly urges all WTO Members to fully engage and work on solutions to restore a fully functioning two-tiered dispute settlement system with a fully functioning and independent Appellate Body as swiftly as possible; strongly supports recent EU initiatives to conclude arrangements with our major trade partners that preserve, on an interim basis, a functioning dispute settlement process among those WTO Members who participate in it; recalls that a binding, two-tier and independent process should remain the core objective of the EU’s strategy; emphasises that successful reform will require engaging with the valid concerns of all parties involved and agreeing on a compromise solution; urges the relevant stakeholders to agree by the end of MC12 on an agenda for further work on the medium- to long-term areas of reform, some of which should be completed before the next Ministerial Conference (MC13); supports the Commission’s recent proposal for the reform of the enforcement regulation in order to ensure that the EU has the right tools to enforce third countries’ commitments;
9. Calls on the Commission and the Council to cooperate with all WTO members in order to start a discussion on establishing new rules to address current gaps in the rulebook on unfair trade practices, counterfeiting, market-distorting subsidies, state-owned enterprises and forced technology transfer;
10. Is convinced that the current differentiation between developed and developing countries does not reflect economic reality, and that this can be an obstacle to making progress in the Doha Round; urges advanced developing countries to take their share of the responsibility and make contributions commensurate with their level of development; believes that the special and differential treatment mechanism should be re-examined and revised with the due involvement of all WTO Members in order to better reflect human development indices while protecting policy space for addressing unfair trade, and calls therefore on WTO members to revise the system; underlines, however, that self-assertion of development status as only criterion could lead to unfair trade;
11. Expects the WTO reform to create an easier path for open plurilateral agreements to be integrated into the multilateral architecture in order to ensure progress in areas not mature enough for the entire membership; invites all members to reflect on a way to develop a new system for enhanced cooperation such as is used in the European Union, with clear rules on a minimum number of members that should participate in a plurilateral initiative, and on that basis establish a straightforward mechanism which allows the resulting agreements to be incorporated into the WTO structure;
12. Welcomes and supports the broad membership, ambitious negotiating agenda and progress made to date in the WTO plurilateral negotiations on e-commerce; calls for efforts to conclude negotiations on compliance with WTO rules; recalls its position that a possible agreement needs to guarantee market access for e-commerce-related goods and services in third countries, as well as the protection of consumer and labour rights; stresses the need to facilitate business innovation and data flows, in full compliance with EU law on privacy and data protection; recognises the possible legal uncertainty facing businesses and researchers using personal data, and the effect this could have on innovation; calls urgently for measures to increase legal certainty for stakeholders dependent on data usage for pre-approved data usage procedures, as well as for pseudonymisation and anonymisation; emphasises that WTO members should express their continuing support for the negotiations and a clear timeline for further progress; supports making the WTO moratorium on electronic transmissions permanent;
13. Calls urgently for the possibilities for facilitating data flows with strategically important third countries to be explored; notes that European companies operating in some third countries are increasingly faced with unjustified barriers and digital restrictions; stresses that, to this end, data localisation requirements should be avoided where appropriate, that data must be covered by the EU’s free trade agreements, and that efforts to conclude adequacy decisions with third countries must be accelerated;
14. Notes that due to legal requirements, trade still relies on a significant amount of paper documents, which is costly, inefficient and a risk during global crises; stresses the need to explore the use of electronic trade documents, which will increase efficiency and security and reduce environmental impact; emphasises the need to change international law to allow electronic documents to be used in trade;
15. Calls urgently for the Information Technology Agreement (ITA) expansion to be extended; recognises that the ITA promotes global manufacturing digitalisation and should continue to evolve to include a greater range of products; calls for greater efforts to eliminate tariffs on the trade in ICT products; emphasises the positive trade effects of expanding geographical coverage to include more countries;
16. Believes that the outcome of MC12 should provide an action-based agenda for trade policy supporting the 2030 SDGs and the Paris Agreement; strongly encourages WTO members to consider all possible measures to contribute to limiting greenhouse gas emissions in line with the UNFCCC, reinforce alignment with the Paris Agreement and climate neutrality, and enhance cooperation in the WTO on measures adopted domestically, including the introduction of green accounting standard taxonomies to help the private and public sectors identify sustainable economic activities, as well as significantly harmful activities, and measures that address carbon leakage; welcomes the Trade and Climate Initiative proposed by the Commission; invites the Commission to present specific proposals; emphasises, further, the need to advance discussion on goods and services that help address environmental and climate challenges; emphasises the need to advance the negotiations on the Environmental Goods Agreement which supports the greening of industries and a decent work-centred approach to transitioning to climate-friendly technologies; suggests improved coordination between the WTO and other international institutions, such as the Organization for Economic Co-operation and Development and the International Monetary Fund, to tackle carbon leakage;
17. Reaffirms the links between gender equality and inclusive development, and emphasises that women’s empowerment is key to the eradication of poverty and that simultaneously removing barriers to women’s participation in trade and addressing the adverse impacts of current trade rules on women in their multiple roles is critical for economic development; encourages all WTO members to sign the 2017 Buenos Aires Declaration on Trade and Women’s Economic Empowerment, and urges its 123 signatories to deliver on their commitments; urges the Commission to work towards a strong ministerial declaration that could serve as a roadmap for the implementation of the 2017 Buenos Aires Declaration;
18. Welcomes the progress made, and calls for the final conclusion of the plurilateral discussions on the domestic regulation of services, as this would be a significant step forward and proof that progress is possible in a plurilateral setting within the WTO context;
19. Expects a ministerial statement assessing the progress made on plurilateral negotiations on investment facilitation;
20. Welcomes progress also on the joint initiative launched in Buenos Aires on MSMEs and the endorsement of the MSME Package in December 2020; recognises that the COVID-19 pandemic has had a significant negative impact on MSMEs, and expresses its support for the WTO’s MSME work programme, anchoring the ‘Think Small First’ principle in WTO rules; calls on all WTO members to join this initiative;
21. Calls on the Commission and the Council to cooperate with other WTO members to ensure that the WTO actively contributes to increased respect for workers’ rights worldwide based in particular on the labour standards of the International Labour Organization (ILO), and to come forward with concrete proposals; recalls the importance of the dissemination of best practices on due diligence; welcomes the US proposal on forced labour as part of a broader endeavour to include labour standards in the WTO, establishing a level playing field at international level, and stresses the need for an agreement that establishes a level playing field at international level; recommends the establishment of a working group on labour rights as first step to advancing this agenda;
22. Stresses that transparency is key to ensuring a stable trading and investment environment; believes that it is important to enhance the transparency of monitoring procedures by increasing incentives for WTO members to comply with notification requirements by reducing their complexity and by providing capacity-building, while wilful non-compliance should be discouraged and challenged; invites WTO members to consider enhancing the role of the WTO Secretariat in this regard;
23. Calls on the Commission and the Council to ensure that Parliament continues to be closely involved in the preparation of MC12, and is promptly updated and consulted during the 2021 Ministerial Conference;
24. Calls on WTO members to ensure democratic legitimacy and transparency by strengthening the parliamentary dimension of the WTO and the parliamentary conference; emphasises the importance of the work of the joint European Parliament and Inter-Parliamentary Union (IPU) parliamentary conference on the WTO; stresses the need to ensure that parliamentarians have better access to trade negotiations and are involved in the formulation and implementation of WTO decisions;
25. Calls on WTO members to enhance the exchange with all stakeholders, including civil society and business organisations, and to step up cooperation with other international organisations such as the ILO and more broadly the UN system; expects leaders to communicate more at different levels about the benefits of rules-based trade;
26. Supports efforts to revitalise accession negotiations with observer countries, in particular with Serbia, Kosovo and Bosnia and Herzegovina; calls for the swift conclusion of negotiations for the respective draft Working Party Reports;
27. Calls urgently for greater efforts to expand membership of the WTO General Procurement Agreement, in particular to China and other emerging economies;
28. Calls for renewed efforts to harmonise non-preferential rules of origin as provided for in the Rules of Origin Agreement;
29. Calls on all WTO members to ratify Annex K to the World Customs Organisation’s Kyoto Convention to reduce customs bureaucracy;
30. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, and the Director-General of the WTO.
IPCC, 2021: Summary for Policymakers. In: ‘Climate Change 2021: The Physical Science Basis. Contribution of Working Group I to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC)’.
Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Philippines *
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European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States of the European Union to accept, in the interest of the European Union, the accession of Philippines to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0359 – C9-0361/2021 – 2021/0178(NLE))
– having regard to the proposal for a Council decision (COM(2021)0359),
– having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,
– having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0361/2021),
– having regard to the opinion of the Court of Justice(1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,
– having regard to Rule 82 and Rule 114(8) of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A9-0300/2021),
1. Approves the authorisation for the Member States of the European Union to accept, in the interest of the European Union, the accession of Philippines to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;
2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.
Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Jamaica *
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European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States to accept, in the interest of the European Union, the accession of Jamaica to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0363 – C9-0334/2021 – 2021/0179(NLE))
– having regard to the proposal for a Council decision (COM(2021)0363),
– having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,
– having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0334/2021),
– having regard to the opinion of the Court of Justice(1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,
– having regard to Rule 82 and Rule 114(8) of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A9-0299/2021),
1. Approves the authorisation for the Member States of the European Union to accept, in the interest of the European Union, the accession of Jamaica to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;
2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.
Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Bolivia *
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European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States of the European Union to accept, in the interest of the European Union, the accession of Bolivia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0369 – C9-0336/2021 – 2021/0183(NLE))
– having regard to the proposal for a Council decision (COM(2021)0369),
– having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,
– having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0336/2021),
– having regard to the opinion of the Court of Justice(1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,
– having regard to Rule 82 and Rule 114(8) of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A9-0307/2021),
1. Approves the authorisation for the Member States of the European Union to accept, in the interest of the European Union, the accession of Bolivia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;
2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.
Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Pakistan *
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European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States of the European Union to accept, in the interest of the European Union, the accession of Pakistan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0368 – C9-0335/2021 – 2021/0182(NLE))
– having regard to the proposal for a Council decision (COM(2021)0368),
– having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,
– having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0335/2021),
– having regard to the opinion of the Court of Justice(1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,
– having regard to Rule 82 and Rule 114(8) of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A9-0308/2021),
1. Approves the authorisation for the Member States of the European Union to accept, in the interest of the European Union, the accession of Pakistan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;
2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.
Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.
Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Tunisia *
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European Parliament legislative resolution of 25 November 2021 on the proposal for a Council decision authorising the Member States to accept, in the interest of the European Union, the accession of Tunisia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (COM(2021)0371 – C9-0337/2021 – 2021/0198(NLE))
– having regard to the proposal for a Council decision (COM(2021)0371),
– having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,
– having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0337/2021),
– having regard to the opinion of the Court of Justice(1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,
– having regard to Rule 82 and Rule 114(8) of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A9-0309/2021),
1. Approves the authorisation for the Member States of the European Union to accept, in the interest of the European Union, the accession of Tunisia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction;
2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.
– having regard to Articles 2 and 3 of the Treaty on European Union,
– having regard to Articles 4, 26, 67, 73, 87, 88 and 91 of the Treaty on the Functioning of the European Union,
– having regard to Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management(1), as amended by Directive (EU) 2019/1936 of the European Parliament and of the Council of 23 October 2019 amending Directive 2008/96/EC on road infrastructure safety management(2),
– having regard to Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport(3),
– having regard to Commission Delegated Regulation (EU) No 885/2013 of 15 May 2013 supplementing ITS Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of information services for safe and secure parking places for trucks and commercial vehicles(4),
– having regard to Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU(5),
– having regard to Decision No 585/2014/EU of the European Parliament and of the Council of 15 May 2014 on the deployment of the interoperable EU-wide eCall service(6),
– having regard to Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014, in particular its Article 9(2)(b)(vii)(7),
– having regard to Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs(8),
– having regard to the deliberations on Petition No 0549/2021 during the meeting of the Committee on Petitions of 15 July 2021,
– having regard to Rule 227(2) of its Rules of Procedure,
A. whereas the Committee on Petitions has received Petition No 0549/2021, signed by 22 735 people, which raises concerns about truck parking areas on the EU road network and calls for preventive measures to reduce the risk and magnitude of the safety problems in truck parking areas;
B. whereas organised crime groups are often involved in cargo thefts and frequently target high-value products, such as electronics, tobacco and pharmaceutical products, causing significant economic losses(9), which amounted to approximately EUR 52 million between 2017 and 2019; whereas these figures are not comprehensive owing to the lack of reporting and sharing of relevant data on cargo crimes;
C. whereas these criminal groups are becoming more organised, use cutting-edge technology and in many cases make moorings on demand, and whereas according to the Europol Serious and Organised Crime Threat Assessment 2021, the use of violence by criminals involved in serious and organised crime in the EU appears to have been increasing, with victims being targeted indiscriminately without regard for their involvement or standing, often causing harm to innocent bystanders;
D. whereas the European Union should combat crime and organised crime on the EU road network and should promote the effective movement of goods in a safe manner and without additional costs linked to overexposure to the risk of assault;
E. whereas international road transport drivers spend longer periods away from their home and families, meaning that safe, secure and well-equipped parking infrastructure across the EU is of crucial importance for their physical and mental health;
F. whereas work, rest and break periods of international haulage drivers are subject to strict rules aiming to create a safe, efficient and socially accountable road transport sector in the European Union; whereas it is responsibility of both the EU institutions and the Member States to provide adequate and EU-wide accessible parking infrastructure that renders working and rest time rules proportionate and feasible;
G. whereas poor resting conditions and the high risk of crime and assault are the main factors that make the driver profession so unattractive; whereas the lack of drivers is an ever-increasing problem challenging the effective functioning of the single market, logistics and supply chains and other sectors such as manufacturing and retail;
1. Recalls that a Commission study of 2019 points out that there is a lack of an estimated 100 000 overnight parking spaces for trucks in the EU, while this shortfall is even greater for certified secure parking areas(10);
2. Declares that secure and safe truck parking areas (SSTPAs) are needed to ensure socially fair conditions for professional drivers when they take compulsory rests; recalls that the road transport industry is suffering from an acute driver shortage; calls on the Commission to closely monitor the availability of a sufficient number of high-quality SSTPAs and the proportionate application of penalties by Member States; underscores the need to take action in the event of any form of unfair treatment of or discrimination against EU truckers and transport companies;
3. Deplores the attacks on carriers in the truck parking areas, including deadly attacks, and recalls that these attacks are often committed by well-organised and well-equipped gangs that sometimes steal goods to order and often use the income from these offences to fund other forms of serious crime;
4. Deplores the fact that this kind of episode might have a xenophobic or racist aspect;
5. Acknowledges that property crime against trucks is increasingly of a cross-border nature and represents the main security threat for truck drivers; highlights that enhanced cooperation is needed in order to properly tackle such crime, and requests more structural exchange of information and operational coordination between Member State law enforcement authorities with the support of Europol, including enhanced cooperation with private parties, such as the Transported Asset Protection Association and the European Secure Parking Organisation;
6. Calls on the Member States to systematically report crimes to Europol in order to ensure coherent responses through operational and analytical support, and calls on the Commission to further strengthen Europol’s capabilities in this area by increasing its resources and staff;
7. Calls on the Commission to encourage an increase in available truck parking lots and to improve their quality, safety and connectivity using legislative initiatives, European structural and investment fund programmes, mechanisms for promoting cooperation between the competent authorities of the Member States and other available instruments, such as the Connecting Europe Facility funding programme;
8. Urges the Commission and the Council to take the necessary measures to establish and develop police cooperation involving the competent authorities of all Member States to prevent, detect and investigate criminal offences on roads and in parking areas;
9. Calls on the Commission and the Member States to include objectives and approaches to increase the number of SSTPAs in the final partnership agreements on the European structural and investment funds and in the programmes for these funds;
10. Welcomes the establishment of the Commission’s Expert Group on Road Infrastructure Safety, which will seek the advice and expertise of Member States and other relevant stakeholders on this topic, including for the preparation of non-legislative acts, as well as the establishment of the High-Level Group on Road Safety, which will provide strategic advice and frequent feedback; urges the Commission to accelerate work in this area and to coordinate with Member States so as to achieve concrete improvements for the EU’s truck drivers;
11. Stresses the importance of implementing projects aimed at promoting national and international cooperation in the fight against cargo theft, creating an overview of ongoing procedures and optimising case work at operational level;
12. Recalls the importance of ensuring priority funding for the creation and upgrading of SSTPAs in the EU by making use of all available EU and Member State funding programmes;
13. Calls on the Member States to assume their primary responsibility for improving the safety of truck parking areas by means of well-established national road safety strategies and concrete measures set out in action plans and implementation plans, which form the basis of a genuine EU road safety culture;
14. Calls on the Commission and the Member States to join forces to improve the quality of the services in truck parking areas, including by offering basic affordable features, and to improve their security, while ensuring that independent third-party audits based on common EU standards will be conducted for all secure truck parking areas within the system, this to guarantee that infrastructure conforms to EU safety and security standards e.g. in line with Directive 2008/96/EC on road infrastructure safety management;
15. Regrets that divergent interpretations persist in relation to parking security and safety standards and certification requirements and emphasises the importance of creating a harmonised EU standard containing clear and unambiguous rules on safety and comfort levels;
16. Calls on the Commission to fulfil the commitments enshrined in Regulation (EU) 2020/1054 to establish standards and certification procedures for safe and secure truck parking facilities in the EU;
17. Underscores that EU standards detailing the level of service and security of SSTPAs and procedures for the certification of such parking areas must be made mandatory in order to ensure and provide a consistent definition of secure truck parking areas and a coherent legislative framework;
18. Calls for the coverage and effectiveness of emergency and immediate response services to be improved and for call systems for the notification to the competent authorities to be introduced in all official languages; urges the Member States to implement an immediate response system when a crime against a driver or a truck is committed within their national jurisdiction and to avoid cases when a driver does not receive timely assistance from national public security authorities due to the minor nature of the crime, linguistic barriers or on any other grounds;
19. Requests the introduction of regular security/police patrols in parking areas where security services cannot be constantly provided, but attacks on carriers have been reported;
20. Highlights the importance of strengthening data collection mechanisms, information exchange and analytical support, and calls on the Member States to implement effective models for automated data gathering, processing and sharing in order to improve the operational response of police forces to cross-border crime;
21. Points out that information about the location of SSTPAs should be conveyed in a user-friendly manner to drivers and to the entire logistics chain via digital tools and asks the Commission to achieve this goal by setting a basis for interoperable ICT solutions that will allow drivers to find and book secure parking areas and plan their trips accordingly;
22. Calls on the Commission and the Member States to promote existing in-vehicle safety systems and any kind of intelligent warning tool and their connection with police and emergency services;
23. Calls on the Commission to propose measures for the revision of Commission Delegated Regulation (EU) No 885/2013 and Regulation (EU) No 1315/2013;
24. Calls on the Commission and the Member States to explore and suggest concrete measures for the protection of victims of crimes committed in unprotected truck parking areas, such as access to medical assistance, legal advice, an interpreter etc.;
25. Welcomes the decision of the Committee on Petitions to set up a fact-finding mission to further investigate the facts described in Petition No 0549/2021, to deliver new details on the safety of truck parking areas and to assess the challenges on the ground;
26. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.
Europol Serious and Organised Crime Threat Assessment 2021: ‘The losses caused by cargo crime in the eight most affected Member States exceeded EUR 75 million in 2019 and have a significant impact on supply chains’.
2019 Commission case study on safe and secure parking for trucks, p. 24. Available at: https://ec.europa.eu/transport/sites/default/files/2019-study-on-safe-and-secure-parking-places-for-trucks.pdf
Situation in Somalia
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European Parliament resolution of 25 November 2021 on the situation in Somalia (2021/2981(RSP))
– having regard to its previous resolutions on Somalia,
– having regard to the joint EU-Africa Strategy,
– having regard to the Cotonou Agreement,
– having regard to the Universal Declaration of Human Rights,
– having regard to the African Union Convention for the Protection and Assistance of Internally Displaced Persons (IDPs) in Africa,
– having regard to the UN Convention on the Rights of the Child of 1989,
– having regard to the EU-Somalia National Indicative Programme for the Federal Republic of Somalia 2014-2020,
– having regard to the African Union Mission in Somalia’s (AMISOM) statement of 8 November 2017 announcing its intention to initiate a phased withdrawal of troops from Somalia starting in December 2017, with the intention of a full withdrawal by 2020,
– having regard to the statement by the High Representative Josep Borrell of 18 September 2021 on the political situation in Somalia,
– having regard to UN Security Council Resolution 2568 of 12 March 2021 on the situation in Somalia,
– having regard to Rules 144(5) and 132(4) of its Rules of Procedure,
A. whereas the humanitarian situation in Somalia is continuing to deteriorate, with multiple crises, including political instability, terrorist activities, food insecurity, drought, the climate crisis and COVID 19, threatening stability, human well-being and livelihoods, and causing large-scale displacement across the country and the region;
B. whereas international aid agencies have warned that Somalia is on the verge of a humanitarian catastrophe with an estimated 5,9 million people in need of humanitarian assistance and over 2,7 million facing emergency levels of food insecurity across the country, including more than 800 000 children under the age of five at risk of acute malnutrition; whereas 2 million people are facing severe water shortages; whereas the UN has stated that Somalia is facing the worst funding shortage in six years; whereas humanitarian partners estimate that 7,7 million Somalis will require humanitarian assistance in 2022, and some 1,2 million children under the age of five are likely to be acutely malnourished in 2022 if treatment is not provided immediately;
C. whereas Somalia has been unable to respond to the COVID 19 pandemic owing to the absence of a functioning health care system, a lack of ventilators, pharmaceutical supplies and personnel; whereas Somalia, like many African countries, has been unable to vaccinate its population due to a lack of vaccine availability, with approximately only 3 % of its population fully vaccinated;
D. whereas the education sector has been hugely affected by the COVID-19 pandemic, with many children, including those living in IDP sites in particular, unable to continue their formal education as a result of circumstances such as their parents losing their livelihoods and effective sources of income;
E. whereas insurgent groups remain the biggest source of insecurity in the country, carrying out indiscriminate attacks on Somalis, and being involved in kidnappings and the forcible recruitment of children for armed conflict; whereas approximately 1 000 civilians have been killed or injured in armed conflict so far in 2021, with Al-Shabaab responsible for most of the civilian casualties; whereas militants have stepped up their attacks and targeted assassinations of government officials in an attempt to disrupt the 2021 electoral process;
F. whereas vulnerable groups are still the main targets of abuses and violence, including women, children, elderly people, IDPs, LGBTQ and other minorities; whereas sexual and gender-based violence, as well as conflict-related violence, still occur on a large scale with impunity, particularly in conflict areas;
G. whereas according to the UN Secretary-General’s 2021 report on Children and armed conflict, grave abuses against children in Somalia continued, with at least 1 087 children killed and maimed in 2020; whereas Al-Shabaab is the main recruiter of children, while Al-Shabaab, government security forces, regional security forces and clan militias combined recruited 1 716 children last year;
H. whereas in August 2020, the Parliament in Mogadishu tabled a new Sexual Intercourse Related Crimes Bill permitting child marriage by defining a child on the basis of physical maturity rather than age, and including weak procedural protections for survivors; whereas the new Sexual Intercourse Related Crimes Bill violates international and regional human rights obligations;
I. whereas freedom of expression continues to be severely restricted, with journalists and human rights defenders being threatened, arbitrarily detained and denied due process and fair trial guarantees; whereas media outlets have been closed down by the authorities at regional and federal level; whereas the authorities rarely investigate cases of killings or attacks on journalists or prosecute perpetrators;
J. whereas ahead of the electoral process, the Federal Government of Somalia’s security forces and regional authorities, in particular in Puntland, as well as Al-Shabaab, have escalated attacks on journalists through intimidation, harassment and arbitrary arrests; whereas an independent media is an essential component of a fair electoral process; whereas numerous journalists have been unlawfully killed in the course of 2021, including veteran journalist Abdiaziz Mohamud Guled, Director of Radio Mogadishu, who was murdered by Al-Shabaab in Mogadishu on 20 November 2021;
K. whereas an estimated 2,9 million Somalis are internally displaced; whereas from August to October 2021 55 000 people were forced to flee their homes, with 80 % of them taking flight as a result of conflict and 20 % due to climate-related events; whereas there are several refugee camps in Kenya and they have been welcoming Somali refugees and asylum seekers since the time of the civil war in Somalia in 1991, including the Kakuma and Dadaab camps with around 520 000 registered refugees and asylum seekers; whereas living conditions in the camps are unsafe, with women, children and LGBTQ people in particular facing recurrent abuse and violence; whereas on 29 April 2021, the UN High Commissioner for Refugees (UNHCR) and the Kenyan Government agreed on a roadmap postponing the closure of the Dadaab and Kakuma camps to 30 June 2022;
L. whereas Somalia remains one of the most dangerous African countries for trade unionists, who are systematically subjected to violence and intimidation; whereas Somali workers are incessantly denied their fundamental human and labour rights, and their occupational health and safety is regularly endangered and poorly paid, including by foreign contractors;
M. whereas the electoral process was originally due to be completed in October 2021 with presidential elections; whereas, however, the electoral process has been continuously held up, following delays from the Federal Member States in holding elections of the members of both houses of the Federal Parliament of Somalia, which would in turn elect the President of Somalia; whereas the longer the election process is delayed, the more resources will be diverted away from important national priorities, such as responding to the humanitarian emergencies;
N. whereas clan delegates are set to appoint a total of 275 MPs to the Lower House, while Somalia’s five state legislatures have already elected all 54 senators to the Upper House; whereas the authorities have committed to completing the Lower House elections by 24 December 2021; whereas credibly completing the electoral processes will be crucial to ensuring Somalia’s security and long-term development;
O. whereas 26 % of those elected to the Upper House are women, representing a positive development in Somalia’s path to gender equality; whereas further efforts must be made to meet the agreed 30 % quota for the Lower House and to achieve the full inclusion of women in Somalia’s political, social and economic decision making;
P. whereas foreign interference in the internal political processes and organisation of the elections has hindered their timely conclusion; whereas on 15 November 2021, the UN Security Council adopted resolution 2607 (2021), which renews the arms embargo on Somalia;
Q. whereas the UN mandate of AMISOM will expire on 31 December 2021; whereas the Federal Government of Somalia and the African Union (AU) have been unable to agree on a reconfiguration of an AU-led mission, as provided for by UN Security Council resolution 2568 (2021); whereas the EU, through various instruments, has been the main financial contributor to AMISOM and AU activities in Somalia since 2007;
R. whereas in December 2020, the Council prolonged the mandates of its three Common Security and Defence Policy (CSDP) missions and operations in Somalia, the EU Capacity Building Mission (EUCAP) Somalia, the EU Training Mission (EUTM) Somalia and Operation EUNAVFOR ATALANTA, until 31 December 2022;
S. whereas on 5 November 2021, Somalia declared AU envoy Simon Mulongo persona non grata and ordered him to leave the country within seven days, accusing him of engaging in activities that were incompatible with AMISOM’s mandate;
T. whereas the EU committed EUR 286 million to Somalia under the National Indicative Programme in the period 2014-2020, focusing on supporting the rule of law, security, food security and education; whereas in 2021, the EU allocated EUR 45,3 million in funding for humanitarian projects in Somalia, including EUR 2,8 million in support of the national COVID-19 vaccination roll-out, whereas the EU and its Member States together provide over 35 % of all humanitarian aid in Somalia;
1. Expresses its grave concern at the deteriorating humanitarian crisis in Somalia; condemns all violations and abuses of human rights and indiscriminate attacks directed against civilians, humanitarian workers, journalists, election officials and AMISOM by terrorist groups, notably Al-Shabaab; calls on all parties involved in the various conflicts in Somalia to immediately put an end to abuses of human rights, and to take concrete steps to bring those responsible to justice in fair trials; strongly calls for a cessation of hostilities and, whenever possible, the pursuit of comprehensive dialogue to address political differences;
2. Recalls that lasting stability and peace in Somalia can only be achieved through social inclusion and good governance based on the principles of democracy and the rule of law; calls, therefore, on Somalia’s leaders to step up efforts towards the completion of the country’s electoral process and finish holding inclusive and credible elections for the Lower House before the end of 2021, so that the presidential elections can then be held as soon as possible; underlines that the electoral process must proceed peacefully, in line with the previously agreed timetable of 27 May 2021; calls further on Somalia’s leaders to show restraint and refrain from any actions that could escalate political tensions or violence, in order to establish stability and deny Al-Shabaab the opportunity to gain political influence; calls for full respect for fundamental rights during the campaign and electoral periods, including the right to peaceful assembly, and freedom of movement, association, and expression; condemns all excessive use of force by government forces against the political opposition or against protesters; cautions against any further initiatives leading to an extension of prior mandates without broad support from Somali stakeholders and opposes any parallel processes or partial elections;
3. Calls for the EU, its Member States and international partners to urgently increase humanitarian assistance in line with requirements and provide additional assistance to the COVID-19 response, in particular through vaccine sharing and the provision of essential medical supplies and pharmaceutical products; underlines that the international community must help in doing whatever it takes to get the COVID-19 pandemic under control in Somalia and the region, including through greater distribution of vaccines and boosting vaccine manufacturing capacity;
4. Calls on the Somali authorities to cease all arbitrary arrests and to release all persons who are being subjected to unlawful and unjustifiable detention, to combat acts of harassment and intimidation of civilians by security forces, politicians and local authorities, and to ensure that those responsible are held accountable; insists that the authorities stop executions ordered by military courts, adopt a moratorium and abolish the death penalty; urges the Government of Somalia to strengthen the rule of law and establish an independent and impartial judicial system, and ensure reparations for the victims of extrajudicial and excessive violence; urges the Somali authorities to swiftly adopt the protection-of-civilians policy and the national counterterrorism bill, and to ensure their full compliance with international human rights norms and standards;
5. Is very concerned about the number of refugees and IDPs in Somalia and their well-being; calls for the EU and international partners to engage with the Federal Government of Somalia to deliver protection, assistance and lasting solutions in line with international obligations; welcomes the Federal Government of Somalia’s ratification of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, and calls on the Commission to assist Somalia in developing national legal frameworks and ensuring the safety of IDPs and refugees, with particular attention to the most vulnerable such as women, children, and persons belonging to minority groups, who are most at risk of violence, abuse and violations;
6. Is very concerned about the social and economic damage caused by climate change, including extreme weather events and the locust plague; welcomes Somalia’s commitments at the 2021 UN Climate Change Conference (COP26) to a Just Transition based on social dialogue and the prioritisation of renewable energy in order to cover Somalia’s energy needs; calls for urgent action and the proper implementation of action plans to prevent or mitigate climate related disasters, such as the Food and Agriculture Organization (FAO) Desert Locust Crisis Action Plan;
7. Deplores the attacks by terrorist groups on humanitarian workers, the destruction of infrastructure and the diversion of aid; recalls that under international law unhindered access for the timely delivery of humanitarian assistance to persons in need across Somalia must be guaranteed;
8. Recalls its strong support for all human rights and environmental defenders in Somalia and their work; calls on the EU delegation and Member States’ representations in the country to step up their support for civil society in their engagement with the Somali authorities, to use all available instruments to increase their support for human rights and environmental defenders’ work, and, where appropriate, to facilitate the issuing of emergency visas, and provide temporary refuge in Member States;
9. Recognises the role AMISOM has played in contributing to the establishment of greater security in the face of the threat posed by Al-Shabaab and insurgent groups; expresses support for the Somalia Transition Plan (STP) regarding AMISOM operations, and calls for its timely implementation; calls on the key Somali security stakeholders to reach agreement on the strategic objectives, size and composition of a future AMISOM designed to support the security transition in Somalia, in order to progress in the implementation of the STP; calls for the national security architecture to be strengthened in order to protect the population; calls on the Federal Government of Somalia, AMISOM and allied forces to ensure that their military campaigns against Al-Shabaab are carried out in strict adherence to international humanitarian law and international human rights law;
10. Underlines that the Somali authorities should have primary responsibility for ensuring security in their country, but are not yet in a position to do so in the fight against Al-Shabaab and insurgent groups; recalls the importance, in line with UN Security Council Resolution 2568 (2021), of urgently developing a plan of what a reconfigured AU presence would look like post-2021; recalls, in this context, the prime responsibility of the UN, the AU and the Federal Government of Somalia in developing such a plan, supported by international partners;
11. Urges all foreign actors not to jeopardise the ongoing efforts in state and peace building, while promoting stability and, at the same time, preserving the unity of the country; reminds all parties of the continued arms embargo adopted by the UN Security Council on Somalia;
12. Welcomes the increased representation of women in the parliamentary elections, noting that greater representation is still needed; stresses the important role women play in conflict resolution and peacebuilding; calls for the full, equal and meaningful participation and involvement of women at all levels in accordance with the Somali Women’s Charter;
13. Condemns the ongoing sexual and gender-based violence against women and girls in Somalia, and calls for continued and concerted national efforts to tackle sexual and gender-based violence, including the effective transposition into domestic legislation and application of International Labour Organization (ILO) Convention 190 on violence and harassment in the world of work, which Somalia has ratified, the ratification of the Convention on the Elimination of All Forms of Discrimination against Women and the enactment of progressive legislation against female genital mutilation both at State and Federal levels; urges the Government of Somalia to take concrete measures to prevent sexual violence against women and children;
14. Calls on the Somali authorities to repeal the provisions of the 2020 amended media law which severely restricts freedom of the media and freedom of expression, and does not comply with international standards on freedom of expression;
15. Deplores the recent attacks on journalists and media personnel who have a legitimate role to play in state building and the electoral process, and who should be able to conduct their work without fear or intimidation; calls on the Somali authorities to conduct and conclude investigations into the killings of all journalists during 2021, including that of Jamal Farah Adan, and to bring those responsible to justice;
16. Urges the Federal Government of Somalia and its Federal Member States to declare, without delay, a moratorium on the arrest and imprisonment of journalists while performing their journalistic duties, as proposed by Reporters Without Borders and the National Union of Somali Journalists, and to put an end to the continued use of Somalia’s old and outdated criminal code to punish journalists and curtail media freedom and freedom of expression;
17. Calls on the Federal Government of Somalia, its Federal Member States and the international community to ensure that foreign or multinational companies operating in Somalia fully respect, uphold and apply international human rights treaties and other legal instruments, including Somalia’s provisional constitution and laws, as well as the UN Guiding Principles on Business and Human Rights and the core ILO conventions; underscores the need to target Al-Shabaab’s finances and to prevent illicit revenue generation, including from raw materials;
18. Instructs its President to forward this resolution to the Council, the Commission, the Vice‑President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the African Union, the President, the Prime Minister and the Parliament of Somalia, the Secretary-General of the United Nations, the United Nations Security Council, the United Nations Human Rights Council, and the ACP-EU Joint Parliamentary Assembly.
Human rights violations by private military and security companies, particularly the Wagner Group
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European Parliament resolution of 25 November 2021 on the human rights violations by private military and security companies, particularly the Wagner Group (2021/2982(RSP))
– having regard to its previous resolutions and recommendations, notably its resolution of 4 July 2017 on private security companies(1), its resolution of 16 September 2020 on EU-African security cooperation in the Sahel region, West Africa and the Horn of Africa(2), its recommendation of 16 September 2021 on the direction of EU-Russia political relations(3), and its resolution of 5 July 2018 on Somalia(4),
– having regard to Council Regulation (EU) 2020/1998 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses(5) (the EU Global Human Rights Sanctions Regime),
– having regard to the Geneva Conventions of 1949 and their additional protocols,
– having regard to the 1977 Organisation of African Unity Convention for the Elimination of Mercenarism in Africa,
– having regard to the 1989 International Convention Against the Recruitment, Use, Financing and Training of Mercenaries,
– having regard to the Montreux Document on pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict of 17 September 2008 (Montreux Document),
– having regard to the report of 1 October 2021 of the Independent Fact-Finding Mission on Libya established by the UN Human Rights Council,
– having regard to the statements by UN Human Rights Council experts of 31 March 2021 on Russian trainers and of 27 October 2021 on the Wagner Group in the Central African Republic,
– having regard to the Declaration of the Paris International Conference for Libya of 12 November 2021,
– having regard to the UN Guidelines on the Use of Armed Security Services from Private Security Companies,
– having regard to the UN Guiding Principles on Business and Human Rights,
– having regard to the reports, press releases and allegation letters of the UN Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination (UN Working Group on the use of mercenaries) in particular those of 24 March 2021 and of 27 October 2021,
– having regard to the letter dated 25 June 2021 from the Panel of Experts on the Central African Republic extended pursuant to Resolution 2536 (2020) addressed to the President of the UN Security Council,
– having regard to the open-ended intergovernmental working group to elaborate the content of an international regulatory framework, without prejudging the nature thereof, relating to the activities of private military and security companies,
– having regard to the International Code of Conduct for Private Security Service Providers,
– having regard to Rule 144(5) and 132(4) of its Rules of Procedure,
A. whereas private military and security companies (PMSCs) are private business entities that provide military and/or security services, which can include, among others, armed guarding, maintenance and operation of weapons systems, prisoner detention and advice or training for local forces and security personnel; whereas the reliance of state and non-state actors on PMSCs has significantly increased in conflict areas in recent years; whereas 21st-century conflicts, starting with the wars in Afghanistan and Iraq, have seen PMSC involvement at all levels, from logistical support to high-intensity operations;
B. whereas the current regulatory situation in this sector comprises a series of inconsistent rules which vary enormously between countries; whereas the non-homogenous national legislation and the self-regulation adopted by some PMSCs are not sufficient to deter abuse, given the lack of penalties, and can have a major impact on how PMSCs operate in multilateral interventions and conflict regions;
C. whereas PMSCs are bound by international law when taking part in hostilities, in particular as set forth in the Geneva Conventions ratified by all UN member states; whereas the legal provisions of the Geneva Conventions are recognised as customary international law; whereas Article 47 of Additional Protocol I to the Geneva Conventions provides a definition of mercenaries; whereas, on this basis, mercenaries are defined as civilians and are as such not allowed to take part in conflict; whereas the International Convention Against the Recruitment, Use, Financing and Training of Mercenaries prohibits mercenaries;
D. whereas the work on regulating PMSCs is ongoing, in particular in the UN open-ended intergovernmental working group to elaborate the content of an international regulatory framework, without prejudging the nature thereof, relating to the activities of private military and security companies; whereas there is a plan to present a draft regulatory framework for PMSCs in April 2022; whereas the EU was elected to the Group of Friends of the Chair of the Montreux Document Forum;
E. whereas countless members of PMSCs acting as mercenaries have committed gross human rights violations, including war crimes, against both combatants and civilians in past, recent and ongoing conflicts; whereas most of those violations have been perpetrated with impunity and have not been investigated, prosecuted or convicted;
F. whereas some countries, such as Russia, Turkey and the United Arab Emirates, are present in various conflict or post-conflict zones around the world through PMSCs;
G. whereas the Wagner Group is a web of paramilitaries and businesses that have been linked by overlaps in ownership and logistics networks; whereas the Wagner Group stands out from other PMSCs on several counts, such as its reported connections to the highest echelons of the Russian State, its reported presence in numerous states, the scale of its operations, with an estimated 10 000 employees, and the gross human rights violations that have been documented and of which it has been accused; whereas Russian law prohibits the use of mercenaries under Article 359 of its Criminal Code, which allows the Kremlin to publicly distance itself from the illegal actions of PSMCs such as the Wagner Group, while at the same time provides a number of loopholes making it possible to use PSMCs as an important political and military tool in conflicts around the globe;
H. whereas its ties with the Russian authorities have been documented by independent organisations such as Bellingcat through reports published from January 2019 to November 2021; whereas the Wagner Group allegedly relies on Russian military infrastructure, shares a base with the Russian military, is transported by Russian military aircraft and uses military healthcare services; whereas it is financed in part through multimillion-dollar catering and construction contracts for the Russian Armed Forces awarded to companies linked to Yevgeny Prigozhin, a close ally of Russian President Vladimir Putin; whereas Russia’s military intelligence agency GRU, its Ministry of Defence and its consular services are fully involved in the funding, recruitment, training and protection of Wagner operatives;
I. whereas the EU imposed sanctions on Mr Prigozhin for his involvement in the Libyan conflict; whereas several companies under his control are under US sanctions for ‘supporting Russia’s paramilitary operations, preserving authoritarian regimes and exploiting natural resources’, according to the US Treasury;
J. whereas the Kremlin’s use of PMSCs builds on the Soviet Union’s long history of operating proxy forces abroad by sending thousands of military specialists in the guise of ‘advisors’ to many conflicts worldwide, while officially denying Russian involvement; whereas on 11 April 2012, President Putin stated in his speech to the Russian Duma that ‘a group of private military companies would be an efficient tool to accomplish national goals without directly involving the Russian State’; whereas the Wagner Group’s denomination is being phased out to avoid public scrutiny and put distance between it and Mr Prigozhin and President Putin, and the group is being replaced by other entities under different names; whereas the Kremlin, via this construct and because the Wagner Group has no legal status, is trying to maintain plausible deniability regarding the actions and crimes committed by the group;
K. whereas in the context of the Russian aggression against Ukraine, the use of PMSCs such as the Wagner Group, E.N.O.T Corp, the Cossacks and others may be aimed at concealing military interference, avoiding casualties among regular military troops and thereby hiding the human costs of military aggressions from the Russian public;
L. whereas the Wagner Group was first identified in 2014 when it backed pro-Russian separatists and assisted the Russian military in war hostilities in the Donbas region of Ukraine and in the illegal invasion and annexation of Ukraine’s Crimea; whereas it has since been involved in conflicts in Syria, Sudan, Mozambique, Libya, the Central African Republic and Venezuela;
M. whereas in the Central African Republic, UN experts from the UN Working Groups on the use of mercenaries, on business and human rights, and on enforced disappearances, as well as the UN Special Rapporteurs on torture and on extrajudicial, summary or arbitrary executions, jointly concluded in October 2021 that the Wagner Group had conducted gross and systematic human rights violations, including mass summary executions, arbitrary detentions, sexual violence, looting, enforced disappearances and torture during interrogations;
N. whereas the Wagner Group has been involved in rapacious takeovers of essential resources such as mining and customs proceeds, thus weakening developing countries and depriving them of essential public resources; whereas, for example, following the 2018 signing of a military agreement between Russia and the Central African Republic, the Wagner Group’s Lobaye Invest company was granted exploration rights for gold and diamonds on several mining sites; whereas a CNN report of June 2021 revealed that Russian mercenaries executed civilians and expelled locals in the mining areas;
O. whereas in Libya, the Wagner Group has been involved in logistical support and combat operations to support Libyan rebel General Khalifa Haftar since at least 2018; whereas according to the report of the UN Fact Finding Mission in Libya of October 2021, the Wagner Group has been involved in war crimes, including summary executions of civilians and detainees, enslavement, the planting of internationally banned anti-personnel landmines, and the killing or maiming of civilians including children, for example in al-Sbeaa village south of Tripoli; whereas the report documents multiple and repeated violations of the UN arms embargo and the use of Russian military cargo aircraft by the Wagner Group; whereas support by Russian mercenaries and military instructors for radical armed groups has further destabilised the EU’s southern neighbourhood;
P. whereas on 12 November 2021, the countries participating in the Paris Conference for Libya expressed their opposition to any foreign interference in Libyan affairs and backed the implementation of the action plan for the withdrawal of mercenaries, foreign fighters and foreign forces from the Libyan territory’; whereas in early November 2021, Turkey sent approximately 150 additional Syrian mercenaries to Libya, on top of the 7 000 mercenaries that were already present in the country and loyal to Turkey, despite local and international demands to withdraw all foreign forces ahead of the parliamentary and presidential elections scheduled for 24 December 2021; whereas according to the final report of the UN Panel of Experts on Libya, pursuant to Resolution 1973 (2011), published in September 2019, Emirati company Black Shield Security Services recruited Sudanese nationals to serve in the Libyan conflict;
Q. whereas in Syria, Wagner operatives have been sent to support the Russian military in its intervention to save the Assad regime since late 2015; whereas mercenaries have committed and filmed gruesome crimes against the Syrian population, such as torturing, murdering and beheading civilians near Palmyra; whereas a Syrian private airline, Cham Wings, has been involved in the transport of mercenaries from Russia to Libya and more recently in the transport of migrants to Minsk;
R. whereas the UN Working Group on the use of mercenaries named reports alleging that Azerbaijan, with Turkey’s assistance, deployed Syrian mercenaries to sustain its military operations in the Nagorno-Karabakh conflict region;
S. whereas three award-winning Russian journalists were murdered on 30 July 2018 while investigating the Wagner Group’s mining activities in the Central African Republic; whereas the death of Russian journalist Maxim Borodin, who reported on Wagner activities in Syria in March 2018, was part of a pattern of journalists who died in Russia while covering sensitive issues with potential repercussions for the authorities, according to the Committee to Protect Journalists;
T. whereas on 15 November 2021, Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy Josep Borrell announced a consensus among EU foreign ministers to take restrictive measures against the Wagner Group in the EU’s upcoming Foreign Affairs Council of December 2021; whereas on 20 September 2021 he warned of the possible involvement of the Wagner Group in Mali;
U. whereas a reported deal between the Wagner Group and the Malian authorities includes plans to deploy 1 000 contractors to the country; whereas the EU has common security and defence policy (CSDP) missions deployed in Mali;
V. whereas on 7 December 2020, the Council adopted Regulation (EU) 2020/1998 establishing the EU Global Human Rights Sanctions Regime, which enables the EU to impose restrictive measures on targeted individuals, entities and bodies – including states and non-state actors – responsible for, involved in or associated with serious human rights violations and abuses worldwide; whereas the EU has a responsibility to make full use of this regulation in the event of human rights violations;
1. Expresses its gravest concern about the wide range of violations of human rights and international humanitarian law that continue to be reported in relation to the ever-increasing activities of PMSCs and for which, for the most part, no one has yet been held to account;
2. Condemns in the strongest terms the heinous crimes committed by the Wagner Group and related private military entities; underlines the strong indications that the Russian State bears responsibility for the funding, training, management and operational command of those paramilitary groups; underscores that the Wagner Group’s activities coincide and correspond with the spread of Russia’s influence in conflict zones; expresses its firm conviction that the Wagner Group, and other Russian-led security contractors, should be treated as proxy organisations of the Russian State;
3. Calls on the Russian authorities to enforce the Russian Criminal Code, notably Article 359 prohibiting the recruitment, training, financing or material provision of mercenaries and their use in an armed conflict; calls on the Russian authorities, in that regard, to also ban state-run enterprises from having private military companies engaging in mercenary activities that are in breach of international humanitarian law;
4. Underlines the importance of countering the strategy of the Wagner Group and its affiliates, notably the blurring of its identity through the use of various names to avoid international scrutiny;
5. Calls on all states using the services of the Wagner Group and its affiliates, particularly the Central African Republic, to cut all ties with the group and its employees; calls on all states to face up to their responsibilities in the enforcement of international law, and to investigate the reported human rights violations and prosecute companies established on their soil when they engage in activities that violate international law; supports, in this regard, the efforts of human rights groups and individuals to hold the Wagner Group members accountable for crimes committed in Ukraine, Syria, Libya and the Central African Republic;
6. Is deeply concerned over signs that the transitional authority of Mali has been contemplating using private military companies, in particular the Wagner Group; urges Mali not to proceed in this direction; firmly believes that the involvement of the Wagner Group would run counter to the objective of bringing back peace, security and stability to Mali and protecting the Malian people, which are the fundamental goals of the EU through its CSDP missions and of the EU Member States acting at the request of the Malian authorities;
7. Believes that EU missions and operations cannot properly deliver and achieve peace, security and stability in partner countries when private security companies accused of gross human rights violations are operating simultaneously in the same country; points to targeted disinformation campaigns against EU missions and operations in Africa for which the Wagner Group and affiliates could be responsible as part of Russia’s modern hybrid warfare; calls on the relevant units of the StratCom task force of the European External Action Service (EEAS) to report on these disinformation campaigns;
8. Calls for the EU and its Member States to seize all opportunities to communicate to relevant countries the risks associated with joining or collaborating with the Wagner Group and its affiliates, and to highlight the group’s dreadful human rights record; encourages governments to ensure strict provisions on compliance with international humanitarian law, democratic oversight, and accountability in contracts with foreign PMSCs for military assistance and security services; encourages states to be fully transparent with regard to contracting military support services, especially as regards the number, tasks and chains of command of PMSCs present on their territories, as well as the equipment used to fulfil their contracts;
9. Calls on the EEAS to prepare a report on the activities of the Wagner Group in order to gain a clear overview of their various violations, which would then help to ensure accountability for their various crimes and pave the way to prosecute these perpetrators in front of international tribunals; states that Parliament will continue to follow the matter closely via a report and possible hearings;
10. Calls on the EU Member States and their allies to step up the sharing of intelligence on the Wagner Group and its affiliates;
11. Calls on the Commission to ensure that EU funds cannot under any circumstances be used by recipient countries to fund private military companies with such human rights records; calls on the Commission to raise this topic in its bilateral dialogue with all relevant countries;
12. Demands that countries in which EU CSDP missions and operations are being conducted to support state capacity-building terminate their contracts with PMSCs violating human rights; requests that the Commission critically review EU support to the governments and state institutions associated with the Wagner Group; calls on the Member States and the Commission to refrain from setting up new cooperation projects providing direct budget support to governments involved with the Wagner Group; urges the Member States and the Commission to redirect this budget support to civil society organisations and projects that directly benefit the populations of these countries;
13. Recalls that the EU and its Member States should only resort to private security companies in conflict zones to protect their premises or ensure transport security, and only if they fully respect human rights and international humanitarian law; stresses that no activities should be outsourced to PMSCs that would imply the use of force and/or active participation in hostilities, except in cases of self-defence, and under no circumstances should PMSCs be allowed to take part in or conduct interrogations; firmly believes that security and defence should be primarily provided by public authorities;
14. Calls for the matter of the activities of the Wagner Group and other private military companies in Africa to be thoroughly discussed during the upcoming EU-Africa Summit;
15. Reiterates the call made during the Paris Conference for Libya of 12 November 2021 for all foreign fighters, including mercenaries, to leave Libyan territory; urges Russia, Turkey, the United Arab Emirates and all other states to comply with that call, to immediately stop sending mercenaries to Libya and to withdraw those currently present in the country;
16. Urges the Russian authorities to withdraw all mercenaries from eastern Ukraine and Crimea; supports the efforts of the Ukrainian authorities to bring members of the Wagner Group operating in Crimea and Donbas before a Ukrainian court and calls on Interpol to cooperate closely in these and other similar cases;
17. Welcomes the statement of the VP/HR on the imminent adoption by the Foreign Affairs Council of targeted EU sanctions against the relevant individuals and entities affiliated with the Wagner Group, as well as individuals and entities working with them, using existing EU sanctions regimes such as the EU Global Human Rights Sanctions Regime; calls for these sanctions to include travel bans and assets freezes on Wagner operatives; calls on partner countries to adopt similar sanctions, including the member states of the African Union; calls for the EU to prepare and adopt restrictive measures for other PMSCs that are violating human rights;
18. Calls on all UN member states to full ratify and implement the additional protocols to the Geneva Conventions, and to strengthen international law for the effective prohibition of mercenaries, building on the spirit of the 1977 OAU Convention for the Elimination of Mercenaries in Africa, the 1989 International Convention Against the Recruitment, Use, Financing and Training of Mercenaries and the 2008 Montreux Document;
19. Calls for the EU and its Member States to ensure that a clear and binding regulatory framework for PMSCs is in place, in particular in the context of the UN open-ended intergovernmental working group, notably in relation to large projects in non-EU countries where these are funded by EU-based investors or financial institutions, and to ensure that such projects are transparently monitored; looks forward to its draft framework being circulated in April 2022; calls for mandatory due diligence requirements by entities that contract PMSCs;
20. Supports the work undertaken by the UN Working Group; calls on states where serious alleged human rights violations by PMSCs have been reported to officially invite the UN Working Group on the use of mercenaries to conduct country visits as a matter of urgency;
21. Urges the EU and its Member States to take resolute action to address the accountability gap of PMSCs, including with regard to transparency oversight and monitoring; reminds all states of their obligation to ensure that PMSCs under their jurisdiction or operating within their territory respect human rights; underlines the need to ensure judicial remedies, including criminal sanctions, for human rights violations resulting from the activities of PMSCs; demands unhindered access to justice and redress for all victims of violations, including abuses committed by Russian mercenaries; calls for the EU to encourage and support efforts in national and international jurisdictions to launch criminal proceedings to hold PMSCs accountable for human rights violations; calls on Russia, to this end, to fully cooperate with the UN, the EU and countries where the Wagner Group has allegedly committed crimes;
22. Is of the opinion that strengthening EU training missions (EUTMs) would more effectively contribute to security sector reform in partner countries; is of the opinion that the swift implementation of the European Peace Facility, in full compliance with the Council Common Position on arms export controls(6), international human rights law, international humanitarian law, and effective transparency provisions, including a detailed list of equipment provided under the facility, would increase the EU’s influence in the capacity-building of partner countries’ armed forces and ensure they do not resort to PMSCs that do not share our values;
23. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, and the Parliament of the Russian Federation.
Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99).
The human rights situation in Cameroon
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European Parliament resolution of 25 November 2021 on the human rights situation in Cameroon (2021/2983(RSP))
– having regard to its previous resolutions on Cameroon, in particular that of 18 April 2019(1),
– having regard to the UN Office for the Coordination of Humanitarian Affairs Cameroon Situation Report of 5 November 2021 and the EU annual report on human rights and democracy in the world 2020 – Country report: Cameroon of 21 June 2021,
– having regard to the ACP-EU Partnership Agreement (‘Cotonou Agreement’),
– having regard to the Universal Declaration of Human Rights of 1948,
– having regard to the International Covenant on Civil and Political Rights of 1966,
– having regard to the Convention on the Rights of the Child, which Cameroon ratified in 1993,
– having regard to the African Charter on Human and Peoples’ Rights of 1981,
– having regard to the Constitution of the Republic of Cameroon,
– having regard to Rules 144(5) and 132(4) of its Rules of Procedure,
A. whereas the initially peaceful protests promoted by the Cameroon Anglophone Civil Society Consortium against the federal government’s marginalisation of Cameroon’s Anglophone regions in 2016 were suppressed with extreme violence by the state authorities, thereby fuelling support for separatism and the emergence of several separatist militias calling for a new state, Ambazonia, and prompting a bloody military conflict;
B. whereas dialogue is a precondition for peace, and President Paul Biya’s government has consistently rejected direct talks with any separatist leaders from the Anglophone regions;
C. whereas Cameroon faces a number of simultaneous political and security challenges, including threats from Boko Haram in its Far North region and an internal armed separatist rebellion which has been ongoing for almost 5 years in its Anglophone North West and South West regions;
D. whereas Anglophone teachers and lawyers held peaceful strikes and demonstrations in 2016 in the North West and South West regions in opposition to the imposition of the French legal system and language in their courts and classrooms, which triggered the crisis; whereas the armed conflict, ongoing since 2017, has killed thousands of people and led to a full-blown humanitarian crisis in Cameroon’s Anglophone regions;
E. whereas to date, more than 3 000 civilians and hundreds of members of the security forces have lost their lives; whereas the ongoing conflict in Cameroon has internally displaced over 1 million people; whereas over 2,2 million people require humanitarian assistance and over 66 000 people have sought refuge in neighbouring Nigeria; whereas Cameroon hosts more than 447 000 refugees and asylum seekers; whereas the spillover of this crisis is affecting the Cameroon West and Littoral regions;
F. whereas the rule of law is not being upheld by the state of Cameroon, with independent monitors, including Human Rights Watch and Amnesty International, having previously documented military trial proceedings marred by serious substantive and procedural defects, and in which the presumption of innocence, the right to adequate defence, and the independence of proceedings and of the judiciary in general are all seriously undermined;
G. whereas clashes between Anglophone separatist armed groups and government security forces are increasing in frequency and severity; whereas humanitarian aid has also been heavily disrupted in the affected regions due to non-state armed groups and lockdown measures, leaving people in those regions severely food insecure and depriving tens of thousands of people of access to vital healthcare; whereas few exceptions to the lockdown measures were granted on humanitarian grounds and, as a result, aid disbursement was significantly disrupted; whereas UN agencies have been forced to suspend humanitarian activities, notwithstanding the additional vulnerabilities created by the COVID-19 pandemic;
H. whereas civilians are bearing the brunt of the violence and conflict between government and separatist forces and make up the vast majority of casualties; whereas government and separatist forces alike are continuously perpetrating reprisal attacks against one another, intentionally targeting civilians and vulnerable parts of the population;
I. whereas Felix Agbor Nkongho, a human rights lawyer, prominent defender of the rights of the Anglophone minority and advocate for the peaceful resolution of the crisis, has on more than one occasion received death threats from the armed separatist groups; whereas he is not the only person facing attacks and harassment;
J. whereas, since the 2018 elections, political tensions have spiralled into hate speech on the grounds of ethnicity or political opinion which, in turn, is amplified via social media platforms;
K. whereas government forces have carried out extrajudicial killings of civilians, including women and children, torture and ill-treatment, committed sexual violence, including rape, and gender-based violence,, destroyed property, including villages, homes, health facilities and hospitals, looted property, and arrested and detained citizens arbitrarily, all as a result of hostilities or presumed collaboration with separatists;
L. whereas in the first five months of 2021, armed separatists carried out at least 27 attacks with improvised explosive devices in 13 towns, more than in all previous years of the crisis combined; whereas they have raped, killed, tortured, violently assaulted, threatened and kidnapped hundreds of people, including women, humanitarian workers, teachers and children, presumed to have been collaborating with the military;
M. whereas the conflict has had a disproportionate impact on children, with 700 000 students having been deprived of their right to education due to a forced school boycott across the Anglophone regions; whereas, as of August 2021, children in Cameroon make up 28 % of all survivors of gender-based violence and face a heightened risk of child recruitment, child labour and child abuse, with over 50 % of children in the country having reportedly been abused; whereas, according to the UN Population Fund, 38 % of women in Cameroon aged 20-24 were married before the age of 18 and 13 % were married before the age of 15;
N. whereas President Biya, in response to international pressure, established a commission of inquiry into the killings in Ngarbuh, following which the government admitted that its security forces bear some responsibility and announced the arrest of individuals involved; whereas, however, there is no further information available on the matter;
O. whereas a lockdown was strictly enforced, including the closure of almost all schools and learning centres; whereas violence was perpetrated against individuals refusing to observe the lockdown, including children and teachers; whereas schools, universities, and hospitals were attacked, thereby aggravating and prolonging violations of the right to access education and leading to the deprivation of essential health services;
P. whereas tensions have risen in the country since the presidential elections of 2018; whereas, in September 2019, President Biya organised a national dialogue with the intention of resolving the conflict between armed forces and separatist rebels in the Anglophone regions; whereas two years later the implementation of the measures has yielded few results; whereas various attempts in 2020 and 2021 to resolve the crisis in Cameroon have failed;
Q. whereas the signature of the presidential decrees providing for the transfer of competences and the gradual transfer of human and financial resources to the decentralised authorities for the concrete implementation of the decentralisation process is pending;
R. whereas the government continues to restrict the freedoms of expression and association and has become increasingly intolerant of political dissent; whereas hundreds of opposition party members and supporters were arrested following demonstrations calling for a peaceful solution to the crisis in the Anglophone regions; whereas restrictions are persistently placed on political opponents, protestors, journalists and civil society;
S. whereas Cameroon’s penal code punishes sexual relations between persons of the same sex with up to five years’ imprisonment; whereas numerous cases of arrest and harassment of LGBTQI people have been reported in recent years and months;
T. whereas Cameroon faces additional threats from Boko Haram and Islamic State’s West Africa Province (ISWAP) in the Far North region; whereas attacks by the Islamist armed group Boko Haram have included daily killings, kidnappings, robberies and the destruction of property, which amount to serious human rights abuses and violations of international law and international humanitarian law; whereas such attacks have also involved child suicide bombers and child soldiers; whereas, since December 2020, at least 80 civilians have been killed by Boko Haram, with over 340 000 people being internally displaced as of August 2021; whereas the presumed death of Abubakar Shekau, the leader of Boko Haram, in a confrontation in Nigeria with the ISWAP splinter faction helped consolidate ISWAP’s power and increased insecurity in Cameroon’s Far North region; whereas government forces are unable to effectively protect the affected population;
1. Is deeply concerned about the human rights situation in Cameroon; underlines the right of citizens to freedom of expression, assembly and association; calls for the respect of human rights and urges the Government of Cameroon to take all steps necessary to uphold its obligations to protect these rights;
2. Urges both the Government of Cameroon and the political and military leaders of separatist groups to agree on a humanitarian ceasefire and encourages the parties to the conflict to agree on confidence-building measures, such as the freeing of non-violent political prisoners and the lifting of school boycotts; urges President Biya’s government and the Anglophone separatists to immediately re-initiate peace talks; urges the international community, especially the African Union, Central African states and the EU, to help facilitate dialogue by offering to take on a mediation role; underlines the importance of regional collaboration and urges the government to work closely with the African Union and the Economic Community of Central African States; deplores the failure and unwillingness of both parties to the conflict to engage in truly meaningful peace talks to solve the conflict; is convinced that political dialogue, conducted in a spirit of compromise, effective political participation and inclusion, including that of all relevant stakeholders, is the only way forward to reach lasting peace; calls on both the Government of Cameroon and leaders of separatist groups to make use of the existing mediation offers provided by third parties for immediate and direct negotiations;
3. Condemns the human rights abuses and violations of international law and international humanitarian law perpetrated by the parties to the armed conflict and underlines the importance of the fight against impunity; calls on the Cameroonian authorities to ensure independent, effective, transparent and impartial investigations, as well as prosecution of the serious violations and abuses by both state and non-state actors, in accordance with international law and standards, and calls for those responsible for human rights violations to be held accountable and brought to justice in a fair trial, in order to end impunity and ensure judicial independence, which are core components of the rule of law and the foundation of a functioning democratic state;
4. Calls on the Government of Cameroon to ratify the Rome Statute of the International Criminal Court; urges the EU to use all of the political leverage provided by its development aid and other bilateral programmes to enhance the defence of human rights in Cameroon;
5. Opposes the use of military courts for the trial of civilians; recalls the international obligations as regards a fair trial, by which Cameroon is bound, reminds Cameroon of its obligation to uphold the right of all citizens to a fair trial before independent courts of law, and recalls that military courts should not have jurisdiction over the civilian population;
6. Calls on the Cameroonian authorities to stop bringing people to trial before military tribunals, with predetermined outcomes and the imposition of the death penalty, which is unlawful under international human rights law; recalls that the death penalty has not been used in Cameroon since 1997, a milestone in the country’s path towards full abolition; reiterates the EU’s opposition to the death penalty in all cases and without exception; calls on the Government of Cameroon to ensure that it will be abolished; calls on the Government of Cameroon to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty; urges the courts to refrain from issuing such sentences and to confirm that it will not seek the death penalty;
7. Deplores the use of violence, in particular against children, and is particularly concerned about the impact of the crisis on children; calls on both sides to the conflict to cease intentionally targeting civilians and urges separatists to immediately cease attacks against schools and end, with immediate effect, all forced boycotts on education, allowing for the safe return to school of all students and teachers;
8. Calls on the Cameroonian authorities to protect all women in the country, especially in the conflict areas, and to promote gender equality and women’s empowerment through boosting the participation of women and women’s rights organisations in public and political life; calls for the development of specific EU actions to strengthen the rights of different groups of women, with a special focus on young people, migrants, women living with HIV, LGBTQI people and people with disabilities;
9. Believes that the decentralisation process, seen as a system of economic, social and political governance, is a key instrument to respond to the multiple development challenges, notably through the enhanced accountability of local politicians and local administrations vis-à-vis engaged citizens; welcomes the EU’s support for the process;
10. Condemns the excessive use and abuse of force against political opponents and peaceful protestors; deplores the use of lockdown measures, such as curfews or the banning of public meetings, under the veil of the COVID-19 pandemic in order to constrain freedom of expression, the press and the right to peaceful assembly; expresses concern at the status of freedom of speech and freedom of the press in Cameroon; deplores the arbitrary arrest and harassment of journalists and opposition politicians and the silencing of political dissent; calls on the Cameroonian authorities to immediately and unconditionally release political opponents, protesters and all other citizens who have been arbitrarily arrested and detained solely for political purposes; condemns the violations of fundamental freedoms;
11. Calls on social media platforms to work with the government, the opposition and civil society to ensure that their pages are verified and limit inflammatory content, hate speech and misinformation, which further break down intercommunal relations;
12. Deplores the fact that over 40 000 people were denied food assistance due to insecurity and roadblocks in the North West and the South West regions, as well as the recent attacks on health facilities and health workers, and the fact that humanitarian activities were banned under lockdown; condemns the blockage of humanitarian aid and attacks against humanitarian workers, including their abduction, harassment and murder in the North West and South West regions of Cameroon, and condemns, equally, the escalating intimidation of independent monitors and human rights defenders, especially women’s rights defenders, whose work is more important than ever in the context of serious human rights violations by all parties to the conflict; insists that all parties to the conflict immediately provide unfettered humanitarian access; calls on the Government of Cameroon to ensure that humanitarian aid reaches the regions in crisis;
13. Calls for the UN and the EU to continue monitoring the humanitarian situation and assessing needs; calls for urgent humanitarian support from the international community, including the EU and its Member States, to respond effectively and meet the urgent needs of the population accordingly; considers that a UN Human Rights Council fact-finding mission to Cameroon would be appropriate to determine the degree to which international human rights law and international humanitarian law have been violated and by whom;
14. Condemns the terrorist actions by Boko Haram in Cameroon; acknowledges the efforts of the Cameroonian authorities in combating the group; calls on the international community to support all efforts to combat the Islamist armed group; insists that terrorism can only be fought efficiently if we address the causes and specific problems related to inequality;
15. Instructs its President to forward this Resolution to the Commission, the Council, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Secretary-General of the United Nations, the Government and Parliament of Cameroon, and the co-presidents of the ACP-EU Joint Assembly.